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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
RETAIL SHOP LEASES
AMENDMENT BILL 1998
Queensland
RETAIL SHOP LEASES AMENDMENT
BILL 1998
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 27 (Rent may be reviewed on only 1 basis) . . . . . . . . . . . 4
4 Replacement of s 91 (Parties to pay own costs) . . . . . . . . . . . . . . . . . . . . . . 5
91 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Insertion of new s 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
124 Non-application of certain amendments of s 27 in certain cases . . 6
1998
A BILL
FOR
An Act to amend the Retail Shop Leases Act 1994
s1 4 s3
Retail Shop Leases Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Retail Shop Leases Amendment Act 1998. 3
amended 4
Act
Clause 2. This Act amends the Retail Shop Leases Act 1994. 5
of s 27 (Rent may be reviewed on only 1 basis) 6
Amendment
Clause 3.(1) Section 27, heading-- 7
omit, insert-- 8
`Timing and bases of rent reviews'. 9
(2) Section 27(1), `the reviews are'-- 10
omit, insert-- 11
`each review is'. 12
(3) Section 27(2)-- 13
omit, insert-- 14
`(1A) The rent may not be reviewed more than once in each year of the 15
lease. 16
`(1B) Subsection (1A) does not apply to the first year of the lease. 17
`(2) The rent may be reviewed using different bases during the term of 18
the lease, but each review must be made using only 1 basis.'. 19
(4) Section 27(5), `using more than 1 basis for a rent review'-- 20
omit. 21
(5) Section 27(5), `the review is'-- 22
omit, insert-- 23
`an invalid review is'. 24
s4 5 s4
Retail Shop Leases Amendment
(6) Section 27-- 1
insert-- 2
`(6) In this section-- 3
"invalid review", of rent under a lease, means-- 4
(a) a review in a year of the lease, other than the first year, in which 5
the rent is to be reviewed under the lease more than once; or 6
(b) a review made under the lease using more than 1 basis. 7
"year", of a lease, means a period of 12 months starting on-- 8
(a) the day the lease is entered into; or 9
(b) an anniversary of the day the lease was entered into; or 10
(c) if, for a particular 12 month period, there is not an anniversary of 11
the day the lease was entered into--the last day of the month 12
corresponding to the month the lease was entered into.1'. 13
of s 91 (Parties to pay own costs) 14
Replacement
Clause 4. Section 91-- 15
omit, insert-- 16
osts 17
`C
`91.(1) This section applies to the costs of the tribunal's hearing of a 18
retail tenancy dispute. 19
`(2) Unless the tribunal makes an order for costs under subsection (3), 20
each party to the dispute must bear the party's own costs. 21
`(3) On application by a party, the tribunal may make an order for costs 22
if it is satisfied-- 23
(a) the dispute is frivolous or vexatious; or 24
(b) the party has incurred costs because another party-- 25
(i) sought an adjournment of the hearing without giving 26
1 Paragraph (c) deals with a lease entered into on the last day of February in a
leap year.
s5 6 s5
Retail Shop Leases Amendment
reasonable notice; or 1
(ii) contravened a procedural requirement. 2
`(4) If a party files, in a registry of the District Court, a document 3
certified by the chief executive to be a true copy of an order for costs, the 4
document may be enforced as an order of the District Court. 5
`(5) If the tribunal makes an order for costs that does not state the 6
amount of the costs, the amount must be decided under the District Courts 7
Rules 1968 as if the order were an order of the District Court and the 8
hearing were conducted in the District Court.'. 9
of new s 124 10
Insertion
Clause 5. After section 123-- 11
insert-- 12
of certain amendments of s 27 in certain cases 13
`Non-application
`124. Section 27, as in force immediately before the commencement of 14
the Retail Shop Leases Amendment Act 1998, continues to apply to a retail 15
shop lease entered into before the commencement, and any extension or 16
renewal of the lease, as if that Act had not commenced.2'. 17
18
© State of Queensland 1998
2 Section 27 (Timing and bases of rent reviews)
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