Australian Capital Territory Consolidated Acts

LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 17

This Act applies to a dispute about a matter mentioned in table 17, column 1—

        (a)     the lease or proposed lease, or a provision of the lease or proposed lease, to which the dispute relates, was entered into, extended under an option, renewed or, for a provision only, varied, at or after the corresponding time mentioned in column 2 (if applicable); and

        (b)     the conduct that caused the dispute complained of happened at or after the corresponding time mentioned in column 3.

Table 17     Table of disputes to which Act applies

item	column 1 type of disputed matter	column 2 time lease entered etc	column 3 time of conduct
1	key money in relation to a lease or to negotiations for entering into a lease	any time	1 January 1995
2	a discretionary rent review clause of a lease	1 January 1994	(a) for a dispute about a discretionary rent review clause that has the effect of reserving to a party to the lease complete discretion about the rate of rent to apply—commencement day; or (b) in any other case—1 January 1995
3	a provision of a lease if— (a) the provision was varied or inserted as part of a variation; and (b) the variation happens on or after 1 January 1995; and (c) this Act would apply to the dispute if the lease had been entered into or extended under an option on or after commencement day	any time	1 January 1995
4	a claim by a party to a lease (the first party ) that another party to the lease has engaged in unconscionable or harsh and oppressive conduct towards the first party, if the conduct would be a contravention of section 22 (1)	any time	1 January 1995
5	a claim by a party to a lease for recovery of possession, relief against forfeiture or recovery of rent	any time	any time
6	a claim by a party to a lease that the party is entitled to compensation under section 37, 78, 81, 91 or 136	any time	commencement day
7	a matter in relation to which an application may be made under section 57, 58, 84, 85, 87, 98, 99, 105, 123 or 126	unless this Act states otherwise, any time	unless this Act states otherwise, any time
8	any other dispute about a lease if the disputed matter is of a kind prescribed by regulation as suitable for resolution under this Act	the date prescribed by regulation in relation to the kind of dispute or, if prescribed by regulation, any time	the date prescribed by regulation in relation to the kind of dispute or, if prescribed by regulation, any time
9	a claim by a party to a lease that another party to the lease has breached or is breaching this Act if the breach does not give rise to a dispute or claim under another item (other than item 10)	1 January 1995	commencement day
10	any other matter not covered in column 1 of items 1 to 9 in relation to a lease or negotiations for entering into a lease or in relation to the use or occupation of premises to which the lease relates	any time	any time

Note for item 6      The sections mentioned in the item deal with the following:

    s 37—compensation for negotiation misrepresentations

    s 78—demolition

    s 81—compensation for disturbance

    s 91—compensation for incomplete repair

    s 136—relocation clauses.

Note for item 7      The sections mentioned in the item deal with the following:

    s 57—an application to appoint a new valuer if conflict of interest disclosed

    s 58—an application to appoint a new valuer in other cases

    s 84—an application about nonpayment of rent or outgoings

    s 85—an application about payment of rent or outgoings

    s 87—an application for a declaration about useability of premises

    s 98—an application about an unreasonable refusal of consent

    s 99—an application about the lessor presenting the territory lease to allow endorsement of an assignment or sublease

    s 105—an application to vary the terms of a lease extended because it was less than 5 years

    s 123—an application for a termination order

    s 126—an application for a warrant for eviction.