State and Territory governments have commenced legislating the provisions of the National Cabinet’s Mandatory Code of Conduct for Commercial Leasing published on 7 April 2020 (Code). Our previous alert summarised the introduction of the Code. To date all States and Territories have passed enabling legislation which (to varying extents) leaves the detailed protections contained in the Code to be implemented by subordinate legislation.
New South Wales, Victoria and South Australia are the first jurisdictions to have published this subordinate legislation, and in anticipation of the Code’s implementation nationwide, our National Property Team has prepared a summary of each jurisdiction’s legislative response. This comparative table tracks each State and Territory’s implementation of each of the leasing principles contained in the Code, as well as covering eligibility criteria and the dispute resolution process. Click here to view the comparative table.
We will continue to monitor the roll-out of each jurisdiction’s subordinate legislation, and will be updating this page as this occurs.
Despite the greater certainty provided by the subordinate legislation, some ambiguities remain. If you have any questions about the Code’s implementation or what it might mean for you or your business, please contact a member of our National Property Team.