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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Retail Leases Amendment Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Retail Leases Act 1994 No 46 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2004
New South Wales
Retail Leases Amendment Bill 2004
Act No , 2004
An Act to amend the Retail Leases Act 1994 with respect to lease preparation
expenses and statements of expenditure on outgoings; and for other purposes.
Clause 1 Retail Leases Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Retail Leases Amendment Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Retail Leases Act 1994 No 46
The Retail Leases Act 1994 is amended as set out in Schedule 1.
Page 2
Retail Leases Amendment Bill 2004
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order:
lease preparation expenses means legal or other expenses
incurred by the lessor in connection with the preparation or
entering into of a retail shop lease, except for registration fees
under the Real Property Act 1900.
[2] Section 13 Lease preparation costs
Omit the section.
[3] Section 14 Key-money and lease preparation expenses prohibited
Omit section 14 (1). Insert instead:
(1) A person must not, as lessor or on behalf of the lessor, seek or
accept the payment of key-money or lease preparation
expenses in connection with the granting of a retail shop lease
and any provision of a retail shop lease is void to the extent
that it requires or has the effect of requiring the payment of
key-money or lease preparation expenses in connection with
the granting of the lease.
[4] Section 14 (3) (a)
Omit the paragraph.
[5] Section 14 (4) and (5)
Insert after section 14 (3):
(4) This section does not prevent a person, as lessor or on behalf
of the lessor, from requiring payment by a prospective lessee
or the lessee of a reasonable sum in respect of lease
preparation expenses incurred in connection with making an
amendment to a proposed lease that was requested by or on
behalf of the prospective lessee or the lessee, other than:
(a) an amendment to insert or vary the particulars of the
lessee, the rent or the term, or
Page 3
Retail Leases Amendment Bill 2004
Schedule 1 Amendments
(b) an amendment to remedy a failure by or on behalf of the
lessor to include or omit a term of the proposed lease
that was, at the time of the failure to include or omit,
agreed between the lessor and the proposed lessee or
lessee to be included in or omitted from the proposed
lease, or
(c) an amendment requested before the lessor is given a
lessee's disclosure statement under section 11A.
(5) If a prospective lessee or the lessee is liable to pay a
reasonable sum referred to in subsection (4), the lessor must
provide the prospective lessee or lessee with a copy of any
account presented to the lessor in respect of those expenses.
The prospective lessee or lessee is not required to make any
such payment until the lessor has complied with this
requirement.
[6] Section 27 Estimates of outgoings to be provided by lessor
Omit section 27 (c) and (d).
[7] Section 45 Key-money and lease preparation expenses for
renewal or extension prohibited
Omit section 45 (1). Insert instead:
(1) A person must not, as lessor or on behalf of the lessor, seek or
accept the payment of key-money or lease preparation
expenses in connection with the renewal or extension of a
retail shop lease and any provision of a retail shop lease is
void to the extent that it requires or has the effect of requiring
the payment of key-money or lease preparation expenses in
connection with the renewal or extension of the lease.
[8] Section 45 (3) (a)
Omit the paragraph.
Page 4
Retail Leases Amendment Bill 2004
Amendments Schedule 1
[9] Section 45 (4) and (5)
Insert after section 45 (3):
(4) This section does not prevent a person, as lessor or on behalf
of the lessor, from requiring payment by the prospective
lessee or the lessee of a reasonable sum in respect of lease
preparation expenses incurred in connection with making an
amendment to a proposed lease, or to a lease as is proposed to
be extended, that was requested by or on behalf of the
prospective lessee or the lessee, other than:
(a) an amendment to insert or vary the particulars of the
lessee, the rent or the term, or
(b) an amendment to remedy a failure by or on behalf of the
lessor to include or omit a term of the proposed lease,
or the lease as proposed to be extended, that was, at the
time of the failure to include or omit, agreed between
the lessor and the proposed lessee or lessee to be
included in or omitted from the proposed lease, or the
lease as proposed to be extended, or
(c) if the amendment is in connection with the renewal of a
retail shop lease, an amendment requested before the
lessor is given a lessee's disclosure update under
section 11A.
(5) If a prospective lessee or the lessee is liable to pay a
reasonable sum referred to in subsection (4), the lessor must
provide the prospective lessee or lessee with a copy of any
account presented to the lessor in respect of those expenses.
The prospective lessee or lessee is not required to make any
such payment until the lessor has complied with this
requirement.
[10] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
Retail Leases Amendment Act 2004
Page 5
Retail Leases Amendment Bill 2004
Schedule 1 Amendments
[11] Schedule 3, Part 5
Insert after Part 4:
Part 5 Retail Leases Amendment Act 2004
15 Key-money and lease preparation expenses
Each of sections 13, 14 and 45, as in force before the
amendment of the section by the Retail Leases Amendment
Act 2004, continues to apply to a grant, renewal or extension
that took effect before that amendment.
Page 6
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