Checklist · Commercial Property & Leasing

Checklist: are these Victorian premises a retail premises lease?

Working checklist for whether premises in Victoria are retail premises under section 4 of the Retail Leases Act 2003, and whether sections 11 and 12 bring the Act in.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Victoria
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for Victoria.
Version
1
Source
Written for this library

When to use it

Use before a disclosure statement, an outgoings demand or a renewal notice, when the question is whether the Retail Leases Act 2003 (Vic) applies. The principal decides. This checklist does not decide it.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may copy the permitted use, the tenant entity and the rent figures from the lease into the table. The principal decides whether the Act applies.

AI may

  • Copy the use clause, the tenant's name and the rent and outgoings estimate from the documents the principal marks
  • Leave the conclusion column blank

AI must not

  • Must not state that the premises are or are not retail premises
  • Must not insert a dollar threshold for occupancy costs
  • Must not treat a Ministerial determination as applying unless the principal supplies the determination

The lawyer checks

  • The permitted use is read from the lease, not from how the tenant happens to trade
  • Occupancy costs are worked out as section 4(3) states them, against the amount currently prescribed for section 4(2)(a)
  • Section 11 is applied at the time the lease is entered into or renewed, and section 12 is checked where the term is under one year

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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