New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 11A

11A Lessee’s disclosure statement

(1) Not later than 7 days after receiving a lessor’s disclosure statement, or within such further period as may be agreed with the prospective lessor, the lessor must be given a lessee’s disclosure statement. A lessee’s disclosure statement is a statement in writing that contains the information that is contained in or required to complete the form of lessee’s disclosure statement set out in the prescribed form (but only to the extent that it is relevant to the lease concerned). The layout of the lessee’s disclosure statement need not comply with that of the prescribed form.

(2) If a lease is entered into by way of the renewal of a lease, a written statement (a "lessee’s disclosure update") that updates the provisions of an earlier lessee’s disclosure statement given to the lessor is, in conjunction with that earlier lessee’s disclosure statement, considered to be the lessee’s disclosure statement given for the purposes of this section at the time the lessee’s disclosure update is given.

(3) A lessee under a retail shop lease is guilty of an offence if subsection (1) is not complied with in relation to the lease.

Maximum penalty: 50 penalty units.

(4) The regulations may prescribe additional matters to be included in the form of lessee’s disclosure statement for the purposes of this section.

Note: Clause 20 of Schedule 3 provides that the form set out in Part 2 of Schedule 2 is taken to be prescribed for the purposes of section 11A until regulations prescribing the form and repealing Schedule 2 are made.