The Northern Territory Government is seeking comments from the public on a proposal to streamline the regulation of retail shop tenancies.

The purpose of the Business Tenancies (Fair Dealings) Act (the Act) is to establish a regulatory framework that promotes greater certainty, fairness and clarity in the commercial relationship between landlords and tenants in certain small business tenancies.

The Act commenced operation on 1 July 2004 with reviews conducted in 2011 and 2013. Stakeholder feedback suggests that while the policy objectives of the Act remain valid, the Act is not necessarily the most appropriate vehicle for securing those objectives.

Against the background of the existence of other legislative schemes which generally cover business interactions (including the recent extension of protections against unfair contract terms to small businesses by the Commonwealth) and a general desire of Government to reduce unnecessary red tape, a discussion paper has been developed that proposes the repeal of the Business Tenancies (Fair Dealings) Act and establishment of a Code of Practice for certain matters specific to retail shop leases under Part 13 of the Consumer Affairs and Fair Trading Act.

The National Retail Association is interested in hearing your views on this proposal for inclusion in a submission to the Northern Territory Government.

Click here to view the Reducing Red Tape for Retail Shop Leases: Review of the Business tenancies (Fair Dealings) Act discussion paper.

Click here to provide us with your feedback.