Australian Capital Territory Consolidated Acts

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LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 73

Employment restriction

    (1)     A lease provision is void if it limits, or has the effect of limiting, a tenant's right to employ people chosen by the tenant.

    (2)     Subsection (1) does not prevent a lease containing provisions to the effect of any of the following:

        (a)     a provision specifying reasonable minimum standards of competence and behaviour for people employed on the premises or others (such as contractors) working on the premises;

        (b)     a provision prohibiting work being carried out on named property of the lessor;

        (c)     a provision requiring the tenant to comply with the requirements of an industrial award, industrial agreement or enterprise agreement (for example, a construction site agreement) affecting the shopping centre containing the premises.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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