This section of the website is intended to provide easy access to legislation and regulations that affect the shopping centre industry, major inquiries of relevance to the industry, as well as the websites and contact details of relevant government agencies and relevant industry organisations.
Retail Tenancy Legislation And Regulations
Five of the six States, and both Territories, have retail tenancy legislation and some also have accompanying regulations. Tasmania has a statutory Code of Practice made under the Fair Trading Act. The relevant legislation and accompanying regulations are listed below.
Commonwealth
Competition and Consumer Act 2010
Australian Competition and Consumer Commission (ACCC)
ACCC Guide to Unconscionable Conduct
New South Wales
Victoria
Retail Leases Regulations 2013
Queensland
Retail Shop Leases Regulation 2006
South Australia
Retail and Commercial Leases Act 1995
Retail and Commercial Leasing Guide
Retail and Commercial Leases Regulations 2010
Western Australia
Commercial Tenancy (Retail Shops) Agreement Act 1985
Commercial Tenancy (Retail Shops) Agreements Regulations 1985
Australian Capital Territory
Leases (Commercial and Retail) Act 2001
Leases (Commercial and Retail) Regulations 2002
Northern Territory
Business Tenancies (Fair Dealings) Act 2003
Business Tenancies (Fair Dealings) Regulations 2004
Tasmania
Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998
Small Business Commissioners
Four States and the Commonwealth have Small Business Commissioners whose functions include dispute resolution.
Commonwealth
Australian Small Business Commissioner
(The Federal Government has announced this position will be replaced by an Australian Small Business and Family Enterprises Ombudsman on 11 March 2016.)
New South Wales
NSW Small Business Commissioner
Small Business Commissioners Act 2013
Victoria
Victorian Small Business Commissioner
Small Business Commissioners Act 2003
South Australia
South Australian Small Business Commissioner
Small Business Commissioners Act 2011
Western Australia
Western Australian Small Business Development Corporation
Small Business Development Corporation Act 1983
Trading Hours Regulation
Some States still retain restrictions on trading hours on some days or at some times, although restrictions do only apply to small shops. The Australian Capital Territory and the Northern Territory do not regulate trading hours. Victoria and Tasmania allow trading on all days except for Christmas Day, Good Friday and the morning of Anzac Day. NSW also does not allow trading on these days and, in addition, does not allow trading on Boxing Day and Easter Sunday, although there are exceptions for certain areas. Queensland, Western Australia and South Australia still maintain restrictions on hours and days of trading and reference should be made to the legislation in those States.
New South Wales
Office of Industrial Relations
Victoria
Queensland
Trading (Allowable Hours) Act 1990
Trading (Allowable Hours) Regulation 2014
South Australia
Shop Trading Hours Regulations 2003
Western Australia
Retail Trading Hours Regulation 1988
Tasmania
Northern Territory
Retail trading hours in the Northern Territory are not regulated.
Australian Capital Territory
Retail trading hours in the ACT are not regulated.
Planning Laws
New South Wales
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
Victoria
Planning and Environment Act 1987
Planning and Environment Regulations 2005
Queensland
Sustainable Planning Regulation 2009
Western Australia
Planning and Development Act 2005
Planning and Development Regulations 2009
South Australia
Planning, Development and Infrastructure Act 2016
Planning, Development and Infrastructure (General) Regulations 2017
Tasmania
Land Use Planning and Approvals Act
Land Use Planning and Approvals Regulations 2004
Northern Territory
Australian Capital Territory
Planning and Development Act 2007
Planning and Development Regulation 2008
Relevant Public Inquiries
Competition Policy Review Final Report March 2015
Industry Codes
In addition to federal and state legislation, the SCCA has entered into three important voluntary industry codes which also guide members’ conduct and practices in shopping centres
COVID-19 Retail Recovery Protocol
The Protocol can be accessed here.
Casual Mall Licensing Code of Practice
Information relating to this Code can be accessed here.
Code of Practice – Reporting of Sales and Occupancy Costs
The purpose of this voluntary industry Code of Practice (the Code) is to establish how landlords and retailers communicate sales data between themselves. The Code establishes a mutual obligation which requires that a landlord who collects sales information is to provide this information in an appropriate form to retailers who request it. The parties to the Code with the SCCA include the key national retailer/tenant groups the Australian Retailers Association, National Retail Association and Pharmacy Guild of Australia.
The Code can be accessed here.
Code of Conduct for Fair Service Provision in Shopping Centres
This Code of Conduct was agreed in January 2012 between the Shopping Centre Council of Australia and the Building Service Contractors Association of Australia to ensure high standards of corporate responsibility on the part of shopping centre owners/managers and on the part of service providers, including those involved in cleaning, maintenance and security. The objective is to provide a safe, clean, convenient and pleasant environment for shoppers, retailers, staff and other visitors.
The Code can be accessed here.
Other Websites
Australian Retailers Association (ARA)
International Council of Shopping Centers
National Retail Association (NRA)