Do cafés and restaurants need to comply with Retail Leases Act 1994 (NSW)?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Only if
Only if you lease retail premises. Being in this industry makes the obligation worth checking (Industry: Cafés & restaurants), but the trigger is a fact the industry alone does not settle.
The obligation in brief
Comply with Retail Leases Act 1994 (NSW). The Retail Leases Act 1994 (NSW) sets base requirements that no retail lease can override. A lessor must give the lessee a signed Lessor's Disclosure Statement (Part A) at least seven days before a new or renewed lease begins, and the lessee returns its own statement (Part B) within seven days.
Trigger: Entering into, renewing, extending or assigning a retail lease of covered premises in New South Wales.
Why cafés & restaurants get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 32 of those industries the answer for "Comply with Retail Leases Act 1994 (NSW)" is no. Cafés & restaurants is one of the 3 where the answer is different: only if.
The deciding fact for cafés and restaurants: Industry: Cafés & restaurants; applies only if you lease retail premises.
About the industry: Food service businesses covered by the Hospitality Industry (General) Award 2020 and food safety standards.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).
Answer by business structure and size
Each cell is the engine's outcome for a business in cafés & restaurants with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Check | Check | Check | Check | Check | Check |
| Partnership | Check | Check | Check | Check | Check | Check |
| Trust | Check | Check | Check | Check | Check | Check |
| Pty Ltd company | Check | Check | Check | Check | Check | Check |
| Public company | Check | Check | Check | Check | Check | Check |
| Not-for-profit (unregistered) | Check | Check | Check | Check | Check | Check |
| Registered charity | Check | Check | Check | Check | Check | Check |
| Super fund | Check | Check | Check | Check | Check | Check |
| Foreign company | Check | Check | Check | Check | Check | Check |
What the obligation requires
- When due
- Lessor's Disclosure Statement at least 7 days before the lease starts or is renewed; Lessee's Disclosure Statement within 7 days after receiving it; cash bond lodged within 20 business days of receipt; outgoings estimate before each accounting period and audited outgoings statement after it; Assignor's Disclosure Statement when seeking consent to assign.
- Evidence to keep
- Signed Parts A and B of the Retail Lease Disclosure Statement; executed lease and registration where the term exceeds three years; NSW Fair Trading bond lodgement record; outgoings estimates, audited outgoings statements and sinking fund statements; marketing plans and audited advertising statements for shopping centre tenancies; written agreement on the lessor's maximum fit-out costs.
- Maximum penalty
- Consequences confirmed on the NSW Small Business Commission's Retail Tenancy Guide: outgoings not disclosed might not be recoverable from the lessee, key money is prohibited, and disputes can end in Tribunal or court orders. Offence penalty amounts under the Act were not verified for this entry; check the Act on legislation.nsw.gov.au
- Regulator
- NSW Fair Trading
- Jurisdiction
- NSW only
Other obligations where cafés & restaurants differ from the norm
- Comply with Retail Leases Act 2003 (VIC): Only if
- Franchising Code of Conduct (mandatory industry code): Only if
- Hold valid liquor licence (state liquor licensing): Only if
- Appoint a certified Food Safety Supervisor (FSS): Yes
- Comply with Plain English Allergen Labelling (PEAL): Only if
- Food Act state licensing + food safety supervisor: Yes
- All 12 answers for cafés & restaurants
Questions
- Do cafés and restaurants need to comply with Retail Leases Act 1994 (NSW)?
- Only if you lease retail premises. Being in this industry makes the obligation worth checking (Industry: Cafés & restaurants), but the trigger is a fact the industry alone does not settle.
- Is the answer the same for every industry?
- No. For 32 of the 35 industries Rules Mate maps, the answer is no. Cafés & restaurants is one of 3 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.