Small businesses across Australia are to be consulted on plans to simplify commercial leasing laws, with the federal government arguing that a more consistent system could make it easier for firms to open premises and expand across state borders.
The consultation begins on Monday, 31 August 2026, and will examine rules governing commercial tenancies and retail leases, including rent reviews and the handling of disputes between landlords and tenants.
Anne Aly, the Minister for Small Business, said the process would seek to identify unnecessary regulation and duplication between jurisdictions.
“The Albanese Labor government wants to make running a small business as easy as possible,” she said. “We want to hear directly from businesses about where the system is creating unnecessary complexity and how we can make it easier to operate and grow.”
Retail tenancy laws are primarily administered by Australia’s states and territories, leaving businesses that operate in more than one jurisdiction to navigate different requirements. The government says those variations can increase legal bills and administrative work for companies seeking new premises.
Assistant Productivity Minister Andrew Leigh said businesses should not face a fresh set of obligations each time they expand into another part of the country.
“Australian businesses shouldn’t need a new rule book every time they cross a state border,” Dr Leigh said. “Different leasing rules can mean extra legal costs and extra work for a business wanting to open in another state.”
He said the aim was not to impose identical legislation nationwide, but to make existing arrangements simpler and reduce unnecessary differences between states and territories.
Retail lease rules under review
The review will involve discussions with business owners, traders and landlords as the government considers how leasing requirements can be better aligned. Ministers have presented the move as part of a broader effort to cut red tape and support small businesses to grow.
The Shopping Centre Council of Australia welcomed the prospect of greater consistency, saying retail leasing was an area where reform could reduce the cost and delay associated with negotiating and managing premises.
“Retail lease legislation is an area where greater harmonisation could reduce unnecessary cost, complexity and delays,” the council’s chief executive, Angus Nardi, said.
Any changes would require cooperation between the Commonwealth, states and territories, given the existing division of responsibility for retail and commercial tenancy regulation.
