Does the Retail Shop Leases Act 1994 apply to my lease in Queensland?

The Retail Shop Leases Act 1994 (Qld) (the Act) applies to a lease of a retail shop, defined as premises used wholly or predominantly for the carrying on of a retail business.

A retail business is any business that sells goods or services directly to the public: including food, clothing, health services, and newsagencies. If your shop is located in a retail shopping centre (usually a complex with 5 or more retail shops), it is generally a retail shop lease regardless of the business type.

Two Critical Exclusions

Even if your business is retail, the Act does not apply in two specific cases:

1. Rent Threshold: If your annual base rent exceeds the prescribed threshold (currently $1 million per annum), the Act does not apply.
2. Floor Area (1,000sqm Limit): Under section 5A, if the total floor area of the premises exceeds 1,000 square metres, the lease is excluded from the Act.

These exclusions were confirmed in two 2025 QCAT decisions: Farmers Arms Tavern Pty Ltd v Barns [2025] QCAT 134 and Suttons Beach Pavilion Pty Ltd v Moreton Bay City Council [2025] QCAT 135. In those cases, the 1,000sqm limit was found to apply to the total area (including storage and non-retail space), meaning the tenants lost their statutory protections.

For more information, see our Full Retail Leasing Guide .

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