The fundamental object of retail tenancy legislation enacted in the states and territories of Australia is to protect the weak against the strong, that is, the small retail tenant against the large retail lessor.

Retail tenancy legislation generally applies to "retail shop leases" subject to the exceptions in the relevant legislation. Businesses that are not traditionally "shops" are generally subject to the legislation if they occupy premises that are located in "shopping centres".

The retail tenancy legislation for each state and territory is:

• New South Wales — Retail Leases Act 1994 (NSW)

• Victoria — Retail Leases Act 2003 (Vic)

• Queensland — Retail Shop Leases Act 1994 (Qld)

• Western Australia — Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA)

• South Australia — Retail and Commercial Leases Act 1995 (SA)

• Tasmania — Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 (Tas)

• Northern Territory — Business Tenancies (Fair Dealings) Act (NT)

• Australian Capital Territory — Leases (Commercial and Retail) Act 2001 (ACT).

In this subtopic, a reference to the "Act" means a reference to the Act for the relevant jurisdiction.

The above Acts have been amended and some amended sections apply to retail leases entered into before the commencement of the amendment while others do not. The sections themselves will specify whether they are intended to apply to leases entered into before the commencement of the amended section.

A breach of the Act may be an offence which is subject to a penalty. The Act specifies where a breach is an offence and the amount of the relevant penalty.

When interpreting the Act, a court, tribunal arbitrator or other body or person authorised by law or by consent or agreement of the parties to resolve an issue in dispute, will generally be required to have regard to the accepted practices and interpretations within the industry concerning the leasing of retail shops.

When construing the Act one must have reference to the plain, ordinary meanings of words.

The retail tenancy legislation is managed in New South Wales by the NSW Department of Fair Trading. The Department's website contains the required forms and also a sample inspection of premises report.

In Victoria, the retail tenancy legislation is managed by the Office of the Victorian Small Business Commissioner.

In Queensland, the retail tenancy legislation is managed by the Department of Justice and Attorney General. The Department's website contains the required forms and also retail leasing guidelines. The Retail Shop Leases Amendment Act 2016 (Qld) amended the Retail Shop Leases Act 1994 (Qld) and commenced on 25 November 2016. The purpose of the Retail Shop Leases Amendment Act 2016 (Qld) was to overhaul the retail shop leasing regime in Queensland.

In Western Australia, the retail tenancy legislation is managed by the Small Business Development Corporation, Western Australia. The Corporations' website contains the required information.

In South Australia, the retail tenancy legislation is managed by the Consumer and Business Services, Government of SA. The Government website contains the required forms.

In Tasmania, the Code is managed by the Department of Consumer Affairs and Fair Trading. The Department's website contains the required forms.

In the Northern Territory, the retail tenancy legislation is managed by Consumer Affairs Northern Territory. The Consumer Affairs website contains the required information.

The retail tenancy legislation applies to retail shop leases in the relevant jurisdiction subject to some exceptions. See When the retail tenancy legislation applies.

In New South Wales, Queensland, Western Australia, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory (but not Victoria), the definition of "retail shop lease" is sufficiently broad to include licences. In Victoria and the ACT (but not in the other states or territory), the definition of "retail premises lease" may include a use that may be seen as commercial, in circumstances where the premises are not in a retail shopping centre. See Definitions.

A lease of premises for a use that is not typically a retail use will be subject to the Act if the premises are located in a shopping centre.

If the Act applies to a lease, the provisions of the Act will override the provisions of the lease and, in some cases, render provisions of the lease void.

See Leases that are not subject to the legislation, Leases of premises that are only partly subject to retail tenancy legislation, and Leases that become or cease to become subject to retail tenancy legislation during their term.