NSW Disclosure Obligations and Lease Termination Rights for Retail Shop Leases

Retail Leases Amendment (Review) Bill 2025

24 Sep 2026: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Assembly

Legislative Council

Assent

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Topics

commercial leasing lease agreements rental market retail shops tenancy

Introduced by: The Hon Janelle Saffin MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Lessors cannot offer a retail shop for lease unless the proposed lease is available for inspection.
Lessors and lessees must exchange disclosure statements before signing a retail shop lease.
Lessors must give the disclosure statement to the lessee at least 7 days before the lease starts.
Lessees can terminate a retail shop lease within the first 6 months if the lessor gave a false or incomplete disclosure statement.
Fines of up to 50 penalty units (2026: $5,500) apply for failing to provide required lease documents or disclosure statements.
Lessors can charge lessees for lease preparation if the parties chose a new lease over assigning an existing one.
The deadline for lessors to provide an executed lease or lodge it for registration is extended if the lessee fails to provide necessary documents.

The Debate

What different members said when this bill was debated:

Kylie Wilkinson ALP

“I speak in support of the Retail Leases Amendment (Review) Bill 2025. I am proud to support a bill that commits the New South Wales Government to working both for and with small businesses. Retail leases are critical to the viability of many small businesses. They also provide stability and a return on investment for lessors.”

Official source →

Jacqui Scruby IND

“I contribute to debate on the Retail Leases Amendment (Review) Bill 2025. The bill amends the Retail Leases Act 1994 to give effect to recommendations arising from the review of the Act in 2023 by the then Small Business Commissioner. I support the bill and its overarching intention to improve the fairness and efficiency of retail leasing arrangements.”

Official source →

David Saliba ALP

“I speak in support of the Retail Leases Amendment (Review) Bill 2025 and commend the Minister for working in this space. I echo the words of the member for Pittwater that the business support service of Service NSW and the work the Government is doing to try to help businesses navigate a complex economic environment are critical.”

Official source →

Janelle Saffin ALP

“I am pleased to deliver a reply to debate on the Retail Leases Amendment (Review) Bill 2025. I thank the members for the electorates of Coffs Harbour, Mount Druitt, East Hills, Fairfield and Pittwater for their contributions to debate. I make some comments in response to some things members have said.”

Official source →

News articles and press releases

Retail Leases Amendment (Review) Bill 2025

Ms JANELLE SAFFIN, Minister for Small Business — 2025-10-14

The bill introduces an objects provision, providing clear guidance on the purpose and scope of the Act. This will help lessors, lessees, legal practitioners and dispute resolution staff to understand how the Act is intended to operate and promote more consistent understanding of the roles and responsibilities of the leasing parties. The bill also provides for greater flexibility in how the Act applies, moving the list of excluded uses from the Act to the upcoming regulation. This change allows the framework to remain targeted and responsive to changing market conditions and tenancy models, while maintaining appropriate scrutiny through regulatory processes.