---
title: "Checklist: are these Victorian premises a retail premises lease?"
url: "https://ailawframework.com/precedents/commercial-property-and-leasing/vic-retail-premises-coverage-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a10-vic-retail-premises-coverage-checklist"
area_id: "A10"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A10-S20261018-13"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/commercial-property-and-leasing/vic-retail-premises-coverage-checklist  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Commercial Property & Leasing](https://ailawframework.com/precedents/commercial-property-and-leasing.md)
- Jurisdictions: Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for Victoria.

## 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

- [Advise whether a lease is covered by retail leases legislation](https://ailawframework.com/practice/commercial-property-and-leasing/advise-whether-a-lease-is-covered-by-retail-leases-legislation.md)

## 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

## Authorities

- [Retail Leases Act 2003 (Vic) s 4 (meaning of retail premises, including the exclusions and the definition of occupancy costs)](https://classic.austlii.edu.au/au/legis/vic/consol_act/rla2003135/s4.html)
- [Retail Leases Act 2003 (Vic) s 11 (the Act applies to a retail premises lease entered into or renewed after commencement, if the premises are retail premises at that time, subject to Part 10)](https://classic.austlii.edu.au/au/legis/vic/consol_act/rla2003135/s11.html)
- [Retail Leases Act 2003 (Vic) s 12 (a term of less than one year, and continuous possession of one year or more)](https://classic.austlii.edu.au/au/legis/vic/consol_act/rla2003135/s12.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-property-and-leasing/vic-retail-premises-coverage-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*