Northern Territory Consolidated Acts

BUSINESS TENANCIES (FAIR DEALINGS) ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Act binds Crown
   5.      Interpretation
   6.      Certain retail shops excluded from operation of Act
   7.      Leases to which Act does not apply
   8.      Exemptions from Act
   9.      Act overrides retail shop leases
   10.     When lease is entered into
   11.     Meaning of
           Part 2 Commissioner of Business Tenancies
   12.     Commissioner of Business Tenancies
   13.     Delegation by Commissioner
   14.     Annual report
   15.     Protection from liability
   16.     Commissioner is enforcement agency for
           Part 3 Rights and duties before retail shop lease entered into
   17.     Copy of retail shop lease to be provided at negotiation stage
   18.     Right to compensation for pre-lease misrepresentations
   19.     Tenant to be given landlord's disclosure statement
   20.     Tenant may terminate for landlord's failure to disclose
   21.     Tenant's disclosure statement
   22.     Tenant not required to pay undisclosed contributions
   23.     Lease preparation costs
   24.     Key-money prohibited
   25.     Time limit for registration of leases and provision to tenants
   26.     Minimum 5 year term
           Part 4 Rent and outgoings under retail shop lease
           Division 1 Rent
   27.     No payment of rent etc. when landlord's fitout not completed
   28.     Rent reviews generally
   29.     Reviews of current market rent
   30.     Tenant may have current market rent determined early
   31.     Proper use by valuer of information received
   32.     Turnover rent
   33.     Special rent - cost of fitout
   34.     Rent and other costs associated with other land not recoverable from tenant
           Division 2 Sinking funds
   35.     Sinking fund for major repairs and maintenance
   36.     Limits on sinking funds
   37.     Repayment from sinking fund after destruction etc. of building
           Division 3 Outgoings
   38.     Recovery of outgoings from tenant
   39.     Landlord to provide estimates and expenditure statement of outgoings
   40.     Landlord to give statement and report on outgoings
   41.     Adjustment of contributions to outgoings
   42.     Non-specific outgoings contribution limited by ratio of lettable area
           Division 4 Other costs or charges
   43.     Capital costs etc. not recoverable from tenant
   44.     Depreciation not recoverable from tenant
   45.     Interest etc. on landlord's borrowings not recoverable from tenant
           Part 5 Restrictions on actions affecting rights under retail shop lease
   46.     Tenant to be given notice of alterations and refurbishment
   47.     Tenant to be compensated for disturbance
   48.     Relocation
   49.     Demolition
   50.     Damaged premises
   51.     Refurbishment and refitting
   52.     Employment restriction
           Part 6 Assignment of retail shop lease
   53.     Circumstances when consent to assignment may be withheld
   54.     Key-money on assignment prohibited
   55.     Obtaining consent to assignment
   56.     Information to be provided to proposed assignee and landlord
   57.     Information about financial standing of proposed assignee
   58.     Protection of assignors and guarantors
   59.     Landlord may reserve right to refuse sublease, mortgage etc.
           Part 7 Renewal and extension of retail shop leases
   60.     Notice to tenant of landlord's intentions at end of lease
   61.     Key-money for renewal or extension prohibited
           Part 8 Other requirements for retail shop leases
   62.     Trading hours
   63.     Security deposits
   64.     Independent legal advice - effect of coercion
           Part 9 Additional requirements for retail shopping centres
   65.     Part applies only to retail shopping centres
   66.     Confidentiality of turnover information
   67.     Statistical information to be made available to tenant
   68.     Advertising and promotion requirements
   69.     Marketing plan for advertising and promotion
   70.     Availability of advertising and promotion expenditure statement
   71.     Provision of statement on advertising and promotion expenditure
   72.     Unexpended advertising and promotion contributions carried forward
   73.     Termination for inadequate sales prohibited
   74.     Geographical restrictions prohibited
   75.     Trading hours of retail shopping centre
           Part 10 Unconscionable conduct in connection with retail shop lease
   76.     Definitions
   77.     Application of Part 78. Court may determine claim of unconscionable conduct
   79.     Unconscionable conduct of landlord in retail shop lease transactions
   80.     Unconscionable conduct of tenant in retail shop lease transactions
   81.     Conduct that is not unconscionable
           Part 11 Dispute resolution for retail tenancy claims
           Division 1 Preliminary
   82.     Interpretation
   83.     Meaning of
   84.     Retail tenancy claims
   85.     Retail tenancy claim may be taken to court only if certificate issued
           Division 2 Commencement of retail tenancy claim
   86.     Application to Commissioner
   87.     Application fees
   88.     Commissioner to give notice of conference
   89.     Who may conduct proceedings
           Division 3 Conciliation conferences
   90.     Who may attend conferences
   91.     General principles of dispute resolution at conferences
   92.     Purpose of preliminary conference
   93.     Purpose of conciliation conference
   94.     Procedure for conferences
   95.     Costs of conciliation to be met by parties
   96.     Restriction on evidence
   97.     Confidentiality
           Division 4 Inquiries
   98.     When inquiries may be conducted
   99.     Procedures generally
   100.    Powers to gather evidence
   101.    Powers at inquiry
   102.    Orders at inquiry
   103.    Reasons for decisions
           Division 5 Retail tenancy claims that may proceed to court
   104.    Certificate of failure to resolve retail tenancy claim
   105.    Jurisdiction of courts to hear unresolved retail tenancy claims
   106.    Powers of court hearing unresolved retail tenancy claim
   107.    No legal costs if plaintiff awarded less than $10 000 by court
           Division 6 Powers of Commissioner
   108.    Entry and inspection of property
           Division 7 Retail tenancy proceedings generally
   109.    Place and time of proceedings
   110.    Duty to act quickly
   111.    Representation of parties
   112.    Payment of lawyers, translators etc.
   113.    Costs not generally to be ordered
   114.    Interest may be awarded
   115.    Contempt
   116.    Enforcement of orders
   117.    Procedural rules
           Part 12 Appeals relating to retail shop leases
   118.    Definition
   119.    Appeal may be made to Local Court
   120.    Notice of appeal to be given to Commissioner
   121.    Stay of proceedings
           Part 13 Business tenancies generally
           Division 1 Interpretation
   122.    Interpretation
           Division 2 Repossession of business premises
   123.    Definitions
   124.    No entry without order
   125.    Notice to quit to be in writing
   126.    Landlord may evict tenant if drug premises order made
   127.    Expiry of notice
   128.    Certain matters not to affect notice
   129.    Defective notice
   130.    Notice to quit business premises
   131.    Application for warrant of ejectment
   132.    Court may make orders for outstanding rent etc.
           Division 3 Miscellaneous
   133.    Tenant's right of association
   134.    Mitigation of damages for breach of lease
           Part 14 Miscellaneous
   135.    Service of notices
   136.    Notice to one landlord or tenant sufficient
   137.    Notice or payment to landlord's agent sufficient
   138.    Extension of term of retail shop lease - effect on
   139.    Meaning of
   140.    Commissioner may intervene in court proceedings
   141.    Regulations
   142.    Repeal
   143.    Savings and transitional regulations
   144.    Review of Act
           Schedule Repealed Acts
           ENDNOTES