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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Retail Shop Leases
Amendment Bill 2005
Queensland
Retail Shop Leases Amendment Bill 2005
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Replacement of s 8 (Meaning of retail shopping centre) . . . . . . . 9
8 Meaning of retail shopping centre . . . . . . . . . . . . . . . 9
6 Amendment of s 9 (Meaning of turnover) . . . . . . . . . . . . . . . . . . . 10
7 Insertion of new pt 3, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3 Notes
9A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 13 (Application of Act to leases--general) . . . . 10
9 Replacement of s 22 (Lessor's disclosure obligation to
prospective lessee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
22 Lessor's disclosure obligation to prospective lessee . 11
10 Amendment of s 22A (Prospective lessee's disclosure
obligation to lessor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Amendment of s 22B (Assignor's and prospective assignee's
disclosure obligations to each other) . . . . . . . . . . . . . . . . . . . . . . 13
12 Replacement of s 22C (Lessor's and prospective assignee's
disclosure obligations to each other) . . . . . . . . . . . . . . . . . . . . . . 13
22C Lessor's and prospective assignee's disclosure
obligations to each other . . . . . . . . . . . . . . . . . . . . . . 13
13 Replacement of s 22D (Financial, and legal advice certificates) . 14
22D Financial and legal advice reports . . . . . . . . . . . . . . . 14
14 Amendment of s 24 (Lessee's obligations to make particular
payments) ..................................... 14
15 Amendment of s 27 (Timing and bases of rent reviews) . . . . . . . 14
16 Insertion of new pt 6, div 4, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 2 Current market rent
2
Retail Shop Leases Amendment Bill 2005
27A Lessee may require early determination of current
market rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Insertion of new s 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28A Parties' submissions to specialist retail valuer . . . . . . 17
18 Amendment of s 29 (Matters to be considered by
specialist retail valuers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Amendment of s 31 (Requirements of determination) . . . . . . . . . 18
20 Amendment of s 32 (Valuer to give determination to
lessor and lessee) ................................ 18
21 Replacement of s 34 (Parties to share cost of determination) . . . 18
34 Parties to share cost of determination . . . . . . . . . . . . 18
22 Amendment of s 37 (Requirements when lessee to pay
lessor's outgoings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Amendment of s 40 (Sinking fund for major maintenance
and repairs) .................................... 19
24 Replacement of s 42 (Compensation provisions implied
in certain leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
42 Compensation provisions implied in particular
leases ............................. 20
25 Amendment of s 43 (When compensation is payable) . . . . . . . . . 20
26 Insertion of new s 43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
43A When compensation is payable by other parties . . . . 20
27 Amendment of s 44 (Amount of compensation) . . . . . . . . . . . . . . 21
28 Replacement of s 46 (Options to renew leases) . . . . . . . . . . . . . 21
46 Lessor's notice about when option to renew or
extend must be exercised. . . . . . . . . . . . . . . . . . . . . . 21
46AA Renewing lease if no option or other agreement . . . . 21
29 Replacement of s 46C (Relocating lessee's business) . . . . . . . . 22
Subdivision 1 Relocating lessee's business
46C Provisions implied in retail shop lease . . . . . . . . . . . . 23
46D How lessor takes relocation action . . . . . . . . . . . . . . . 23
46E Termination notice by lessee or deemed acceptance 24
46F Terms and conditions of new lease . . . . . . . . . . . . . . 24
46G Lessee's entitlement to relocation costs. . . . . . . . . . . 25
Subdivision 2 Demolishing building in which lessee's
business is situated
46H Provisions implied in retail shop lease . . . . . . . . . . . . 25
46I How lessor terminates the lease . . . . . . . . . . . . . . . . 25
46J Termination by lessee. . . . . . . . . . . . . . . . . . . . . . . . . 26
46K Compensation payable by lessor . . . . . . . . . . . . . . . . 26
3
Retail Shop Leases Amendment Bill 2005
30 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
50A Release of assignor from lease . . . . . . . . . . . . . . . . . 27
31 Amendment of s 56 (Chief executive to act on dispute notice). . . 27
32 Amendment of ss 63 and 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
33 Amendment of s 65 (Chief executive must refer dispute
for directions hearing). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
34 Amendment of s 66A (Appointment of tribunal) . . . . . . . . . . . . . . 28
35 Replacement of s 70A (Necessary parties) . . . . . . . . . . . . . . . . . 28
70A Inclusion of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Amendment of s 71 (Limited right of representation) . . . . . . . . . . 28
37 Insertion of new s 82A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
82A Tribunal must attempt to conciliate . . . . . . . . . . . . . . . 29
38 Amendment of s 83 (Tribunals' orders) . . . . . . . . . . . . . . . . . . . . 29
39 Insertion of new s 88A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
88A Correcting errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Replacement of s 91 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
91 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
91A Payment of costs if offer to settle rejected . . . . . . . . . 32
41 Replacement of s 102 (Appointment of members of tribunal
panel) ........................................ 33
102 Appointment of members of tribunal panel. . . . . . . . . 33
42 Amendment of s 106 (Composition of retail shop lease
tribunals) .................................... 33
43 Amendment of s 109 (Tribunals' jurisdiction) . . . . . . . . . . . . . . . . 33
44 Amendment of s 122 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . 34
45 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 3 Transitional provision for Retail Shop Leases
Amendment Act 2005
129 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
46 Insertion of new schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Schedule Dictionary
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
2005
A Bill
for
An Act to amend the Retail Shop Leases Act 1994
s1 6 s4
Retail Shop Leases Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Retail Shop Leases Amendment 3
Act 2005. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act and the schedule amend the Retail Shop Leases Act 8
1994. 9
Clause 4 Amendment of s 5 (Definitions) 10
(1) Section 5, `In this Act--'-- 11
omit, insert-- 12
`The dictionary in the schedule defines particular words used 13
in this Act.'. 14
(2) Section 5, definitions approved accounting standards, 15
approved auditor, GST, GST Act, lessee, public corporation, 16
subsidiary-- 17
omit. 18
(3) Section 5-- 19
insert-- 20
`defective statement, see section 22(8). 21
demolish, a building, includes carry out substantial repair, 22
renovation or reconstruction of the building that can not 23
practicably be carried out without vacant possession of 1 or 24
more leased shops in the building. 25
financial advice report means a report-- 26
(a) in the approved form; and 27
s4 7 s4
Retail Shop Leases Amendment Bill 2005
(b) containing the particulars prescribed under a regulation; 1
and 2
(c) signed by a person who is a qualified accountant. 3
legal advice report means a report-- 4
(a) in the approved form; and 5
(b) signed by a lawyer; and 6
(c) stating that the lawyer has given the prospective lessee 7
of a retail shop, or the prospective assignee of a retail 8
shop lease, seeking the report, advice about the legal 9
meaning and effect of-- 10
(i) the terms and conditions of the proposed lease, or 11
the lease the subject of the proposed assignment; 12
and 13
(ii) the disclosure statement given to the person under 14
part 5; and 15
(d) containing the other particulars prescribed under a 16
regulation. 17
lessee-- 18
(a) in relation to a retail tenancy dispute, includes the 19
former lessee; and 20
(b) for part 6, division 7, includes-- 21
(i) a lessee who is holding over under the lease or with 22
the lessor's consent; and 23
(ii) a sublessee or franchisee entitled to occupy the 24
retail shop under the lease or with the lessor's 25
consent. 26
lessor's termination notice see section 46I(1). 27
listed corporation means a listed corporation under the 28
Corporations Act. 29
major lessee means the lessee of 5 or more retail shops in 30
Australia, who uses each shop wholly or predominantly for 31
carrying on 1 or more retail businesses. 32
qualified accountant means a qualified accountant under the 33
Corporations Act. 34
s4 8 s4
Retail Shop Leases Amendment Bill 2005
registered auditor means an entity registered as an auditor 1
under the Corporations Act. 2
relocation action see section 46C. 3
relocation day see section 46D(2). 4
relocation notice see section 46D(1). 5
subsidiary, of a listed corporation, means a subsidiary of the 6
corporation under the Corporations Act. 7
termination day see section 46I(2).'. 8
(4) Section 5, definition lessor, paragraph (a)-- 9
omit, insert-- 10
`(a) a person acting under the lessor's authority; and'. 11
(5) Section 5, definition retail shop lease, paragraph (a), 12
`public'-- 13
omit, insert-- 14
`listed'. 15
(6) Section 5, definition retail shop lease, paragraph (f)-- 16
renumber as paragraph (g). 17
(7) Section 5, definition retail shop lease-- 18
insert-- 19
`(f) premises that, if the premises were not leased, would be 20
premises within a common area of a retail shopping 21
centre, but only if the premises are used for 1 or more of 22
the following-- 23
(i) information, entertainment, community or leisure 24
facilities; 25
(ii) telecommunication equipment; 26
(iii) displaying advertisements; 27
(iv) storage; 28
(v) parking; or'. 29
(8) Section 5, definitions, as amended-- 30
relocate to the schedule as inserted by section 46. 31
s5 9 s5
Retail Shop Leases Amendment Bill 2005
Clause 5 Replacement of s 8 (Meaning of retail shopping centre) 1
Section 8-- 2
omit, insert-- 3
`8 Meaning of retail shopping centre 4
`(1) A retail shopping centre is a cluster of premises having all of 5
the following attributes-- 6
(a) 5 or more of the premises are used wholly or 7
predominantly for carrying on retail businesses; 8
(b) all the premises-- 9
(i) are owned by the 1 person; or 10
(ii) have the 1 lessor or head lessor, or, if the premises 11
were leased, would have the 1 lessor or head 12
lessor; or 13
(iii) comprise lots within a single community titles 14
scheme; 15
(c) all the premises are located in-- 16
(i) 1 building; or 17
(ii) 2 or more buildings if-- 18
(A) the buildings are adjoining; or 19
(B) if the premises are owned by the 1 20
person--the buildings are separated by 21
common areas or other areas owned by the 22
owner or a road; or 23
(C) if the premises are not owned by the 1 24
person--the buildings are separated by 25
common areas or a road; 26
(d) the cluster of premises is promoted, or generally 27
regarded, as constituting a shopping centre, shopping 28
mall, shopping court or shopping arcade. 29
`(2) In this section-- 30
community titles scheme means a community titles scheme 31
under the Body Corporate and Community Management Act 32
1997.'. 33
s6 10 s8
Retail Shop Leases Amendment Bill 2005
Clause 6 Amendment of s 9 (Meaning of turnover) 1
(1) Section 9(2), after `business', first mention-- 2
insert-- 3
`carried on in a leased shop'. 4
(2) Section 9(2)(l), `lottery'-- 5
omit. 6
(3) Section 9(2)(l)-- 7
insert-- 8
9
`Examples of sales made on a commission basis--
10
lottery sales, postage stamp sales, public transport ticket sales,
11
telephone card sales'.
Clause 7 Insertion of new pt 3, div 3 12
Part 3-- 13
insert-- 14
`Division 3 Notes 15
`9A Notes in text 16
`A note in the text of this Act is part of this Act.'. 17
Clause 8 Amendment of s 13 (Application of Act to 18
leases--general) 19
Section 13-- 20
insert-- 21
`(8) Despite subsections (1) and (3) to (7), only parts 1 to 3 and 7 22
apply to a short term retail shop lease entered into on or after 23
the commencement of this subsection. 24
25
Note--
26
Part 121 also contains provisions about the application of this Act.'
`(9) In this section-- 27
1 Part 12 (Transitional provisions)
s9 11 s9
Retail Shop Leases Amendment Bill 2005
right to extend, a lease, does not include a holding over right 1
of the lessee, if the right operates at the lessor's discretion. 2
short term retail shop lease means a retail shop lease for 3
which the combined period of the following is not more than 6 4
months-- 5
(a) the lease's original term; 6
(b) any periods for which the lessee has a right to extend the 7
lease.'. 8
Clause 9 Replacement of s 22 (Lessor's disclosure obligation to 9
prospective lessee) 10
Section 22-- 11
omit, insert-- 12
`22 Lessor's disclosure obligation to prospective lessee 13
`(1) At least 7 days before a prospective lessee of a retail shop 14
enters into a retail shop lease (the disclosure period), the 15
lessor must give to the person a draft of the lease and a 16
disclosure statement. 17
`(2) Subsections (3) and (4) apply if-- 18
(a) the lessor does not comply with subsection (1); or 19
(b) the disclosure statement when given to the prospective 20
lessee under subsection (1) is a defective statement. 21
`(3) The lessee may terminate the lease by giving written notice to 22
the lessor within 6 months after the lessee enters into the 23
lease. 24
`(4) The lessor is liable to pay to the lessee the reasonable 25
compensation decided by way of the dispute resolution 26
process for loss or damage suffered by the lessee because of 27
the noncompliance or defective statement. 28
`(5) The lessee can not terminate the lease under subsection (3) on 29
the ground that the disclosure statement is a defective 30
statement if-- 31
(a) the lessor acted honestly and reasonably and ought 32
reasonably to be excused for giving the defective 33
statement; and 34
s 10 12 s 10
Retail Shop Leases Amendment Bill 2005
(b) the lessee is in substantially as good a position as the 1
lessee would have been if the disclosure statement were 2
not a defective statement. 3
`(6) For subsection (2), the lessor is taken to have given the 4
disclosure statement to the prospective lessee within the 5
disclosure period if-- 6
(a) the prospective lessee-- 7
(i) is a major lessee; and 8
(ii) gives the lessor written notice stating that the 9
prospective lessee-- 10
(A) has received appropriate financial and legal 11
advice about the lease; and 12
(B) waives the entitlement, under subsection (1), 13
to receive the disclosure statement within the 14
disclosure period; and 15
(b) the lessor gives the disclosure statement to the 16
prospective lessee before the prospective lessee 17
enters into the lease. 18
`(7) Termination of the lease under subsection (3) does not affect 19
any right, privilege or liability acquired, accrued or incurred 20
under the lease for any period before the termination. 21
`(8) In this section-- 22
defective statement, for a disclosure statement, means a 23
statement that is incomplete or contains information that is 24
false or misleading in a material particular.'. 25
Clause 10 Amendment of s 22A (Prospective lessee's disclosure 26
obligation to lessor) 27
Section 22A, from `statement', first mention-- 28
omit, insert-- 29
`statement. 30
s 11 13 s 12
Retail Shop Leases Amendment Bill 2005
Clause 11 Amendment of s 22B (Assignor's and prospective 1
assignee's disclosure obligations to each other) 2
Section 22B(2), `If asked by the assignor, the'-- 3
omit, insert-- 4
`The'. 5
Clause 12 Replacement of s 22C (Lessor's and prospective 6
assignee's disclosure obligations to each other) 7
Section 22C-- 8
omit, insert-- 9
`22C Lessor's and prospective assignee's disclosure 10
obligations to each other 11
`(1) At least 7 days before an assignment of a retail shop lease is 12
entered into (the disclosure period), the lessor must give the 13
prospective assignee a disclosure statement and a copy of the 14
lease. 15
`(2) The lessor is taken to have given the disclosure statement to 16
the prospective assignee within the disclosure period if-- 17
(a) the prospective assignee-- 18
(i) is a major lessee; and 19
(ii) gives the lessor written notice stating that the 20
prospective assignee-- 21
(A) has received appropriate financial and legal 22
advice about the assignment; and 23
(B) waives the entitlement to receive the 24
disclosure statement within the disclosure 25
period; and 26
(b) the lessor gives the disclosure statement to the 27
prospective assignee before the prospective assignee 28
enters into the assignment. 29
(3) The prospective assignee must give a disclosure statement to 30
the lessor before the assignment is entered into. 31
s 13 14 s 15
Retail Shop Leases Amendment Bill 2005
Clause 13 Replacement of s 22D (Financial, and legal advice 1
certificates) 2
Section 22D-- 3
omit, insert-- 4
`22D Financial and legal advice reports 5
`(1) A prospective lessee of a retail shop who is not a major lessee 6
must, before entering into the lease, give the lessor-- 7
(a) a financial advice report; and 8
(b) a legal advice report. 9
`(2) A prospective assignee of a retail shop lease who is not a 10
major lessee must, before entering into the assignment, give 11
the lessor-- 12
(a) a financial advice report; and 13
(b) a legal advice report.'. 14
Clause 14 Amendment of s 24 (Lessee's obligations to make 15
particular payments) 16
(1) Section 24(1)-- 17
insert-- 18
`(c) the lessor's reasonable legal or other expenses incurred 19
in responding to a request by the lessee for-- 20
(i) a variation of the lease, including, for example, a 21
rent concession; or 22
(ii) the lessor's consent to the lessee entering into a 23
sublease or licence with another person in relation 24
to the leased shop.'. 25
(2) Section 24(4), `section 48(2)'-- 26
omit, insert-- 27
`section 48'. 28
Clause 15 Amendment of s 27 (Timing and bases of rent reviews) 29
(1) Section 27(5)(e) and (f)-- 30
s 15 15 s 15
Retail Shop Leases Amendment Bill 2005
renumber as section 27(5)(f) and (g). 1
(2) Section 27(5)-- 2
insert-- 3
`(e) if the rent is determined as a base rent plus an amount 4
equal to a percentage of the turnover of the lessee's 5
business--the average rental paid over the previous year 6
of the lease;'. 7
(3) Section 27(5)(g), as renumbered, `(e)'-- 8
omit, insert-- 9
`(f)'. 10
(4) Section 27(6), `above a stated amount'-- 11
omit. 12
(5) Section 27(9)-- 13
renumber as section 27(11). 14
(6) Section 27(7), `(9)'-- 15
omit, insert-- 16
`(11)'. 17
(7) Section 27(8)-- 18
omit, insert-- 19
`(8) Subsections (2) to (7) do not apply if-- 20
(a) the lessee is a major lessee; and 21
(b) before the lessee entered into the lease the lessee gave 22
the lessor a written notice stating that the lessee received 23
appropriate financial and legal advice about the lease; 24
and 25
(c) the lease provides for the timing and basis for each 26
review of the lease. 27
`(9) To remove any doubt, it is declared that neither of the 28
following is a rent review-- 29
(a) an adjustment of the rent merely to enable the lessor to 30
recover GST from the lessee; 31
(b) a rent concession. 32
s 16 16 s 16
Retail Shop Leases Amendment Bill 2005
`(10) Nothing in this section prevents a retail shop lease limiting the 1
amount by which the rent payable under the lease may be 2
increased.'. 3
Clause 16 Insertion of new pt 6, div 4, sdiv 2 4
After section 27-- 5
insert-- 6
`Subdivision 2 Current market rent 7
`27A Lessee may require early determination of current 8
market rent 9
`(1) This section applies if a retail shop lease provides for an 10
option on the lessee's part to renew or extend the lease at the 11
current market rent of the leased shop. 12
`(2) Unless the current market rent has already been agreed 13
between the lessor and lessee, the lessee may, by written 14
notice given to the lessor in the early determination period, 15
ask for the current market rent to be determined. 16
`(3) Sections 28(2) and (3) and 29 apply to the determination. 17
`(4) The current market rent must be determined as at the date the 18
request is made under subsection (2). 19
`(5) The rent payable under the renewal or extension is the current 20
market rent determined under this section. 21
`(6) Despite any other provision of this Act or the lease, the last 22
day on which the option mentioned in subsection (1) may be 23
exercised is the earlier of the following-- 24
(a) 21 days after the lessee receives written notice of the 25
current market rent determined under this section; 26
(b) the day the lease ends. 27
`(7) In this section-- 28
early determination period means-- 29
(a) for a lease of not more than 1 year, the period-- 30
(i) starting 3 months before the option expiry day; and 31
s 17 17 s 18
Retail Shop Leases Amendment Bill 2005
(ii) ending 1 month before the option expiry day. 1
(b) for a lease of more than 1 year, the period-- 2
(i) starting 6 months before the option expiry day; and 3
(ii) ending 3 months before the option expiry day. 4
option expiry day means the last day on which the option to 5
renew or extend the lease may, under the lease, be exercised.'. 6
Clause 17 Insertion of new s 28A 7
After section 28-- 8
insert-- 9
`28A Parties' submissions to specialist retail valuer 10
`(1) For section 28, the lessor and lessee may each make a written 11
submission to the specialist retail valuer about the current 12
market rent of the retail shop. 13
`(2) A submission must be made within the reasonable period 14
decided by the valuer (the submission period). 15
`(3) A party making a submission must give a copy of it to the 16
other party within the submission period. 17
`(4) A party who receives a copy of a submission may give the 18
valuer a written response to it. 19
`(5) The response must be given within the reasonable period 20
decided by the valuer.'. 21
Clause 18 Amendment of s 29 (Matters to be considered by 22
specialist retail valuers) 23
(1) Section 29(c)(i) and (ii)-- 24
renumber as section 29(c)(ii) and (iii). 25
(2) Section 29(c)-- 26
insert-- 27
`(i) the terms and conditions of the lease; and'. 28
s 19 18 s 21
Retail Shop Leases Amendment Bill 2005
Clause 19 Amendment of s 31 (Requirements of determination) 1
Section 31(1)-- 2
omit, insert-- 3
`(1) The specialist retail valuer's determination of the current 4
market rent must-- 5
(a) be in writing; and 6
(b) identify the location of the leased shop; and 7
(c) state the matters taken into consideration in making the 8
determination; and 9
(d) state detailed reasons for the determination.'. 10
Clause 20 Amendment of s 32 (Valuer to give determination to 11
lessor and lessee) 12
(1) Section 32(b) and (c)-- 13
renumber as section 32(d) and (e). 14
(2) Section 32-- 15
insert-- 16
`(b) the submission period mentioned in section 28A ends; 17
(c) if a submission is made to the valuer under section 18
28A--the period mentioned in section 28A(5) ends;'. 19
Clause 21 Replacement of s 34 (Parties to share cost of 20
determination) 21
Section 34-- 22
omit, insert-- 23
`34 Parties to share cost of determination 24
`The lessor and lessee must each pay to the specialist retail 25
valuer one-half of the valuer's fee for determining the current 26
market rent of the retail shop under this subdivision.'. 27
s 22 19 s 23
Retail Shop Leases Amendment Bill 2005
Clause 22 Amendment of s 37 (Requirements when lessee to pay 1
lessor's outgoings) 2
Section 37(5)(a)-- 3
omit, insert-- 4
`(a) be prepared by a registered auditor in accordance with 5
auditing standards generally accepted in the Australian 6
accounting profession; and'. 7
Clause 23 Amendment of s 40 (Sinking fund for major maintenance 8
and repairs) 9
(1) Section 40(1)-- 10
omit, insert-- 11
`(1) This section applies if a lessee under a retail shop lease is 12
required to pay amounts (maintenance amounts) into a 13
sinking fund for major maintenance of, or repairs to-- 14
(a) the buildings, plant and equipment of, and areas used in 15
association with, the retail shopping centre in which the 16
leased shop is situated; or 17
(b) the building in which the leased shop is situated and the 18
plant and equipment of, and areas used in association 19
with, the building; or 20
(c) the leased shop and the plant and equipment of, and 21
areas used in association with, the leased shop.'. 22
(2) Section 40(2), `for the retail shopping centre'-- 23
omit. 24
(3) Section 40(6)-- 25
omit, insert-- 26
`(6) The total payments into the sinking fund by all lessees of the 27
retail shops to which the fund relates for any year must not be 28
more than 5% of the total of the lessor's estimated outgoings 29
for the retail shops for the year.'. 30
(4) Section 40(7), `lessees of retail shops in the retail shopping 31
centre'-- 32
s 24 20 s 26
Retail Shop Leases Amendment Bill 2005
omit, insert-- 1
`a lessee of a retail shop'. 2
Clause 24 Replacement of s 42 (Compensation provisions implied 3
in certain leases) 4
Section 42-- 5
omit, insert-- 6
`42 Compensation provisions implied in particular 7
leases 8
`(1) A retail shop lease is taken to include sections 43, 43A and 44. 9
`(2) However, subsection (1) does not apply to a lease for-- 10
(a) a periodic tenancy; or 11
(b) a tenancy at will, other than a tenancy at will created by 12
the lessee holding over under the lease or with the 13
lessor's consent.'. 14
Clause 25 Amendment of s 43 (When compensation is payable) 15
(1) Section 43, heading, after `payable'-- 16
insert-- 17
`by lessor'. 18
(2) Section 43(1)(a)-- 19
omit. 20
(3) Section 43(1)(b) to (g)-- 21
renumber as section 43(1)(a) to (f). 22
Clause 26 Insertion of new s 43A 23
After section 43-- 24
insert-- 25
`43A When compensation is payable by other parties 26
`(1) This section applies if a following person (the disclosing 27
person), or a person acting under the authority of the 28
disclosing person, makes a false or misleading statement or 29
s 27 21 s 28
Retail Shop Leases Amendment Bill 2005
representation in a disclosure statement given to someone else 1
(the affected person) under section 22A, 22B or 22C-- 2
(a) the lessee under a retail shop lease; 3
(b) the assignor or assignee of a retail shop lease. 4
`(2) The disclosing person is liable to pay to the affected person 5
reasonable compensation for loss or damage suffered by the 6
affected person because of the false or misleading statement 7
or representation.'. 8
Clause 27 Amendment of s 44 (Amount of compensation) 9
Section 44(1A)-- 10
omit. 11
Clause 28 Replacement of s 46 (Options to renew leases) 12
Section 46-- 13
omit, insert-- 14
`46 Lessor's notice about when option to renew or 15
extend must be exercised 16
`(1) This section applies if a retail shop lease provides for an 17
option on the lessee's part to renew or extend the lease. 18
`(2) At least 2 months, but not longer than 6 months, before the 19
option date, the lessor must give the lessee written notice of 20
the option date. 21
Maximum penalty--40 penalty units. 22
`(3) In this section-- 23
option date means the date stated in the lease as the date by 24
which the lessee, if the lessee intends to exercise the option, 25
must exercise it. 26
`46AA Renewing lease if no option or other agreement 27
`(1) This section applies if a retail shop lease-- 28
(a) does not provide for an option on the lessee's part to 29
renew or extend the lease; and 30
s 29 22 s 29
Retail Shop Leases Amendment Bill 2005
(b) is not the subject of an agreement for its renewal or 1
extension. 2
`(2) The lessor must, by written notice given to the lessee within 3
the notice period-- 4
(a) offer the lessee a renewal or extension of the lease on 5
terms, including terms about rent, stated in the notice; or 6
(b) tell the lessee that the lessor does not intend to offer the 7
lessee a renewal or extension of the lease. 8
`(3) An offer made under subsection (2)(a) can not be revoked-- 9
(a) until 1 month after it is made; or 10
(b) if the lessee accepts the offer within 1 month after it is 11
made. 12
`(4) If the lessor does not comply with subsection (2), the term of 13
the lease is extended until 6 months after the lessor gives the 14
notice (the extended period). 15
`(5) The lessee may terminate the lease before the extended period 16
ends by giving at least 1 month's written notice of termination 17
to the lessor. 18
`(6) In this section-- 19
notice period means the period that is-- 20
(a) for a lease of not more than 1 year--at least 3 months, 21
but not longer than 6 months, before the lease is to end; 22
or 23
(b) for a lease of more than 1 year--at least 6 months, but 24
not longer than 1 year, before the lease is to end.'. 25
Clause 29 Replacement of s 46C (Relocating lessee's business) 26
Section 46C-- 27
omit, insert-- 28
s 29 23 s 29
Retail Shop Leases Amendment Bill 2005
`Subdivision 1 Relocating lessee's business 1
`46C Provisions implied in retail shop lease 2
`A retail shop lease is taken to include sections 46D to 46G if 3
the lease states that if-- 4
(a) the lessor proposes refurbishing, redeveloping or 5
extending the building in which the leased shop is 6
situated during the term of the lease or any renewal of it; 7
and 8
(b) the works mentioned in paragraph (a) can not be carried 9
out practicably without vacant possession of the leased 10
shop; 11
the lessor may take action requiring the lessee to relocate the 12
lessee's business (relocation action). 13
`46D How lessor takes relocation action 14
`(1) The lessor takes relocation action by giving the lessee a 15
written notice (a relocation notice) under this section. 16
`(2) A relocation notice must state each of the following-- 17
(a) sufficient details of the proposed refurbishment, 18
redevelopment or extension to indicate a genuine 19
proposal that-- 20
(i) is to be carried out within a reasonably practicable 21
time after the lessee's business is relocated; and 22
(ii) can not be carried out practicably without vacant 23
possession of the leased shop; 24
(b) details of the alternative comparable retail shop to be 25
made available to the lessee; 26
(c) the day by which the lessee must vacate the leased shop 27
(the relocation day). 28
`(3) The relocation notice must be given at least 3 months before 29
the relocation day. 30
s 29 24 s 29
Retail Shop Leases Amendment Bill 2005
`46E Termination notice by lessee or deemed acceptance 1
`(1) Within 1 month after receiving the relocation notice, the 2
lessee may give the lessor a written notice terminating the 3
lease. 4
`(2) If the lessee gives notice under subsection (1), the lease 5
terminates-- 6
(a) on the day agreed between the lessor and lessee; or 7
(b) if there is no agreement--3 months after the relocation 8
notice is given. 9
`(3) If the lessee does not give notice under subsection (1), the 10
lessee is taken to have accepted the lessor's offer of a lease of 11
the alternative retail shop mentioned in the relocation notice, 12
or an alternative retail shop agreed between the lessor and 13
lessee, on the terms and conditions-- 14
(a) agreed between the lessor and lessee; or 15
(b) if there is no agreement--as provided under section 46F. 16
`46F Terms and conditions of new lease 17
`(1) Unless the lessor and lessee agree otherwise, the terms and 18
conditions of the lease mentioned in section 46E(3) (the new 19
lease) are the same as the terms and conditions of the existing 20
lease. 21
`(2) However-- 22
(a) the term of the new lease is taken to be the same as the 23
remaining term of the existing lease; and 24
(b) the rent for the alternative retail shop is taken to be the 25
same as the rent for the existing leased shop, adjusted to 26
take into account the difference in the commercial 27
values of the shops when the lessee's business is 28
relocated. 29
30
Note--
31
This section and section 46G do not prevent the lessee from accepting
32
other arrangements when the details of the relocation are negotiated.
s 29 25 s 29
Retail Shop Leases Amendment Bill 2005
`46G Lessee's entitlement to relocation costs 1
`(1) The lessee is entitled to payment by the lessor of the lessee's 2
reasonable costs of relocation, including, but not limited to-- 3
(a) the costs of the following-- 4
(i) dismantling and reinstalling any fixtures and 5
fittings; 6
(ii) modifying or replacing any fixtures and fittings to 7
the standard existing immediately before the 8
relocation; and 9
(b) legal costs. 10
`(2) If the lessor and lessee can not agree on the amount to which 11
the lessee is entitled under subsection (1), the amount must be 12
decided under the dispute resolution process. 13
`Subdivision 2 Demolishing building in which 14
lessee's business is situated 15
`46H Provisions implied in retail shop lease 16
`A retail shop lease is taken to include sections 46I to 46K if 17
the lease provides for its termination by the lessor if the 18
building in which the leased shop is situated is to be 19
demolished, requiring vacant possession of the leased shop. 20
`46I How lessor terminates the lease 21
`(1) The lessor terminates the lease by giving the lessee a written 22
notice (a lessor's termination notice) under this section. 23
`(2) A lessor's termination notice must state-- 24
(a) sufficient details of the proposed demolition to indicate 25
a genuine proposal to demolish the building within a 26
reasonably practicable time after the lease is terminated; 27
and 28
(b) the day on which the lease terminates (the termination 29
day). 30
s 29 26 s 29
Retail Shop Leases Amendment Bill 2005
`(3) The notice must be given at least 6 months before the 1
termination day. 2
`46J Termination by lessee 3
`(1) If the lessor gives the lessee a lessor's termination notice, the 4
lessee may terminate the lease earlier than the termination day 5
by giving the lessor written notice of an earlier termination 6
day (the lessee's termination notice). 7
`(2) The lessee's termination notice must be given at least 7 days 8
before the earlier termination day. 9
`46K Compensation payable by lessor 10
`(1) The lessor is liable to pay to the lessee reasonable 11
compensation for loss or damage suffered by the lessee-- 12
(a) because of the early termination of the lease, if the 13
demolition is not carried out, or is not carried out within 14
a reasonably practicable time after the termination day; 15
and 16
(b) for the fit out of the retail shop to the extent the fit out 17
was not provided by the lessor, whether or not the 18
demolition is carried out. 19
`(2) However, subsection (1)(a) does not apply if the lessor proves 20
that when the lessor's termination notice was given there was 21
a genuine proposal to demolish the building within a 22
reasonably practicable time after the termination day. 23
`(3) The amount of the compensation payable is the amount-- 24
(a) agreed between the lessor and lessee; or 25
(b) if there is no agreement, decided under the dispute 26
resolution process. 27
`(4) In this section-- 28
fit out includes the provision or installation of finishes, 29
fixtures, fittings, equipment and services. 30
`Subdivision 3 Other general provisions'. 31
s 30 27 s 32
Retail Shop Leases Amendment Bill 2005
Clause 30 Insertion of new s 50A 1
Part 6-- 2
insert-- 3
`50A Release of assignor from lease 4
`(1) This section applies to the assignment of a retail shop lease 5
if-- 6
(a) the lessor, assignor and assignee (each a disclosing 7
person) of the lease have each complied with sections 8
22B and 22C, or any order mentioned in section 22E(2) 9
and imposed on the disclosing person; and 10
(b) each disclosure statement given under the sections or 11
order by the disclosing person is not a defective 12
statement. 13
`(2) When the assignment is entered into the assignor is released 14
from any liability under the lease to which the assignor would 15
otherwise be subject if there is any default by the assignee.'. 16
Clause 31 Amendment of s 56 (Chief executive to act on dispute 17
notice) 18
(1) Section 56(1), `Within 7 days'-- 19
omit, insert-- 20
`As soon as practicable'. 21
(2) Section 56(2)-- 22
omit, insert-- 23
`(2) The mediation conference date must be at least 7 days after 24
the notice is given.'. 25
Clause 32 Amendment of ss 63 and 64 26
Sections 63(1)(b) and 64(2)(b), `4 months'-- 27
omit, insert-- 28
`1 year'. 29
s 33 28 s 36
Retail Shop Leases Amendment Bill 2005
Clause 33 Amendment of s 65 (Chief executive must refer dispute 1
for directions hearing) 2
Section 65(1), `Within 14 days'-- 3
omit, insert-- 4
`As soon as practicable'. 5
Clause 34 Amendment of s 66A (Appointment of tribunal) 6
Section 66A, `Within 14 days'-- 7
omit, insert-- 8
`As soon as practicable'. 9
Clause 35 Replacement of s 70A (Necessary parties) 10
Section 70A-- 11
omit, insert-- 12
`70A Inclusion of parties 13
`(1) The tribunal may order that a person be included as a party to 14
the dispute if the tribunal considers-- 15
(a) the person ought to be bound by, or have the benefit of, 16
an order of the tribunal in the dispute; or 17
(b) the person's interests are affected by the dispute; or 18
(c) for another reason it is desirable the person be included 19
as a party. 20
`(2) The tribunal may make an order under subsection (1) on the 21
application of a party or on the tribunal's own initiative.'. 22
Clause 36 Amendment of s 71 (Limited right of representation) 23
(1) Section 71(1)-- 24
omit, insert-- 25
`(1) At the tribunal's hearing of the retail tenancy dispute, a party 26
to the dispute may, with the tribunal's leave, be represented 27
by an approved agent if the party, as early as practicable 28
before the hearing, gives written notice of the representation 29
to-- 30
s 37 29 s 38
Retail Shop Leases Amendment Bill 2005
(a) each other party to the hearing; and 1
(b) the chief executive.'. 2
(2) Section 71(2)-- 3
omit. 4
(3) Section 71(3), `In addition, if'-- 5
omit, insert-- 6
`If'. 7
(4) Section 71(3)-- 8
renumber as section 71(2). 9
Clause 37 Insertion of new s 82A 10
Part 8, division 5-- 11
insert-- 12
`82A Tribunal must attempt to conciliate 13
`(1) The tribunal must not make an order for the retail tenancy 14
dispute, including an order mentioned in section 83(3), unless 15
the tribunal has brought, or taken all reasonable steps to try to 16
bring, the parties to the dispute to a settlement acceptable to 17
all the parties. 18
`(2) For bringing the parties to the settlement, the tribunal may 19
adjourn the hearing of the dispute to enable the parties to 20
reach a mediation agreement for the dispute. 21
`(3) If a mediation agreement is reached, the tribunal must, to the 22
extent permitted under this division, make an order giving 23
effect to the agreement.'. 24
Clause 38 Amendment of s 83 (Tribunals' orders) 25
(1) Section 83(1), after `orders'-- 26
insert-- 27
`, including declaratory orders,'. 28
(2) Section 83(2)-- 29
insert-- 30
s 39 30 s 39
Retail Shop Leases Amendment Bill 2005
`(i) with consent of the parties to the dispute--an order to 1
rectify the lease; 2
(j) if the tribunal finds that, in making a determination of 3
current market rent, a specified retail valuer did not 4
comply with section 29--an order that the 5
determination be set aside and a further determination, 6
in compliance with the section, be made.'. 7
Clause 39 Insertion of new s 88A 8
Part 8, division 5-- 9
insert-- 10
`88A Correcting errors 11
`(1) A tribunal may change a decision made by it to correct any of 12
the following-- 13
(a) a clerical error; 14
(b) an error arising from an accidental slip or omission; 15
(c) a material miscalculation of figures; 16
(d) a material error in the description of an entity, thing or 17
matter referred to in the decision; 18
(e) a defect of form. 19
`(2) The change may be made on the tribunal's own initiative or on 20
the written application of a party to the dispute to which the 21
decision relates. 22
`(3) An application under subsection (2) must be-- 23
(a) made within 14 days after the decision is made; and 24
(b) based on something mentioned in subsection (1)(a) to 25
(e) that is of enough significance to have influenced the 26
outcome of the hearing of the dispute. 27
`(4) The tribunal need not conduct a hearing for the application. 28
`(5) The change-- 29
(a) may be made by the tribunal that made the decision or 30
the tribunal legal member; and 31
s 40 31 s 40
Retail Shop Leases Amendment Bill 2005
(b) must be made only on the evidence placed before the 1
tribunal at the hearing of the dispute in which the 2
decision was made. 3
`(6) The making of an application under this section does not, of 4
itself, stop the decision from taking effect according to its 5
terms.'. 6
Clause 40 Replacement of s 91 (Costs) 7
Section 91-- 8
omit, insert-- 9
`91 Costs 10
`(1) This section applies to the costs of either of the following-- 11
(a) a directions hearing for a retail tenancy dispute; 12
(b) a tribunal's hearing of a retail tenancy dispute. 13
`(2) Each party to the dispute must bear the party's own costs 14
unless the relevant entity makes an order for costs under 15
subsection (3) or section 91A. 16
`(3) On application by a party, the relevant entity may make an 17
order for costs if it is satisfied-- 18
(a) the retail tenancy dispute is frivolous or vexatious; or 19
(b) the party has incurred costs because another party (the 20
other party)-- 21
(i) did not give reasonable notice of the other party's 22
intention not to attend a mediation conference held 23
for the dispute; or 24
(ii) sought an adjournment of the hearing without 25
giving reasonable notice; or 26
(iii) contravened a procedural requirement; or 27
(iv) sought the inclusion of the party or another person 28
as a party to the dispute. 29
`(4) If a party files, in a registry of the District Court, a document 30
certified by the chief executive to be a true copy of an order 31
for costs under this section or section 91A, the document may 32
be enforced as an order of the District Court. 33
s 40 32 s 40
Retail Shop Leases Amendment Bill 2005
`(5) If the relevant entity makes an order for costs under this 1
section or section 91A that does not state the amount of the 2
costs, the amount must be decided under the Uniform Civil 3
Procedure Rules 1999 as if the order were an order of the 4
District Court and the hearing were conducted in the District 5
Court. 6
`(6) In this section-- 7
relevant entity means-- 8
(a) if the dispute does not proceed to a tribunal hearing after 9
the directions hearing--the tribunal legal member to 10
whom the dispute was referred for the holding of the 11
directions hearing; or 12
(b) if the dispute proceeds to a tribunal hearing--the 13
tribunal. 14
`91A Payment of costs if offer to settle rejected 15
`(1) This section applies if-- 16
(a) a party to a retail tenancy dispute serves another party to 17
the dispute with a written offer to settle the issues in 18
dispute between the parties; and 19
(b) the other party does not accept the offer while the offer 20
is open; and 21
(c) in the opinion of the tribunal when it hears the dispute, 22
the decision of the tribunal on the issues in dispute is not 23
more favourable to the other party than the offer. 24
`(2) The tribunal may award the party who made the offer the 25
reasonable costs incurred by the party for the hearing after the 26
offer was served. 27
`(3) If a retail tenancy dispute involves more than 2 parties, this 28
section applies only if the acceptance of the offer would have 29
resulted in the settlement of the issues in dispute between all 30
the parties. 31
`(4) In deciding whether a decision is or is not more favourable to 32
a party than an offer, the tribunal must-- 33
(a) take into account any costs it would have awarded on the 34
day the offer was served; and 35
s 41 33 s 43
Retail Shop Leases Amendment Bill 2005
(b) disregard any interest or costs it awarded for any period 1
after the day the offer was served.'. 2
Clause 41 Replacement of s 102 (Appointment of members of 3
tribunal panel) 4
Section 102-- 5
omit, insert-- 6
`102 Appointment of members of tribunal panel 7
`The Governor in Council may appoint as members of a panel 8
of retail shop lease tribunal members (the tribunal panel)-- 9
(a) the number of Australian lawyers of at least 5 years 10
standing the Governor in Council considers necessary; 11
and 12
(b) the number of persons with appropriate retail shop lease 13
experience to represent lessors and lessees under retail 14
shop leases the Governor in Council considers 15
necessary.'. 16
Clause 42 Amendment of s 106 (Composition of retail shop lease 17
tribunals) 18
(1) Section 106, `A'-- 19
omit, insert-- 20
`Subject to subsection (2), a'. 21
(2) Section 106-- 22
insert-- 23
`(2) A tribunal may consist only of a person appointed under 24
section 102(a) if the amount, value or damages in dispute is 25
less than the prescribed amount within the meaning of the 26
Small Claims Tribunals Act 1973.'. 27
Clause 43 Amendment of s 109 (Tribunals' jurisdiction) 28
(1) Section 109(1)(d), after `station'-- 29
insert-- 30
s 44 34 s 45
Retail Shop Leases Amendment Bill 2005
`, if the Petroleum Retail Marketing Franchise Act 1980 1
(Cwlth) applies to the carrying on of the business under a 2
franchise agreement within the meaning of that Act'. 3
(2) Section 109-- 4
insert-- 5
`(4) Despite subsection (1)(b)(i), a tribunal has jurisdiction to hear 6
a retail tenancy dispute about arrears of rent payable under a 7
retail shop lease if the dispute is also about the payment of 8
compensation by the lessor to the lessee under the lease.'. 9
Clause 44 Amendment of s 122 (Review of Act) 10
Section 122(2)-- 11
omit, insert-- 12
`(2) Each review must be carried out within 7 years after the 13
previous review.'. 14
Clause 45 Insertion of new pt 12, div 3 15
Part 12-- 16
insert-- 17
`Division 3 Transitional provision for Retail 18
Shop Leases Amendment Act 2005 19
`129 Application of Act 20
`(1) Subject to subsection (2), this Act, as in force immediately 21
before the commencement, continues to apply to a retail shop 22
lease entered into before the commencement, and any 23
extension or renewal of the lease, as if the 2005 Act had not 24
been enacted. 25
`(2) On and from the commencement, sections 63, 64, 66, 70A, 26
71, 82A, 83, 88A, 91, 91A, 106 and 109, as amended or 27
inserted by the 2005 Act, apply to a lease entered into before 28
the commencement and any extension or renewal of the lease. 29
`(3) This section does not affect the operation of section 8 of the 30
2005 Act. 31
s 46 35 s 46
Retail Shop Leases Amendment Bill 2005
1
Note--
2
The provisions inserted by section 8 of the 2005 Act include relevant
3
provisions for the application of the provisions of this Act mentioned in
4
the section.
`(4) In this section-- 5
2005 Act means the Retail Shop Leases Amendment Act 2005. 6
commencement means the commencement of this section.'. 7
Clause 46 Insertion of new schedule 8
After section 129, as inserted by this Act-- 9
insert-- 10
`Schedule Dictionary 11
section 5'. 12
36
Retail Shop Leases Amendment Bill 2005
Schedule Minor amendments 1
section 3 2
1 Section 25(3)(b), `an approved'-- 3
omit, insert-- 4
`a registered'. 5
2 Part 6, division 4, before section 27-- 6
insert-- 7
`Subdivision 1 Timing and bases of rent reviews'. 8
3 Section 35(1), after `section'-- 9
insert-- 10
`28A or'. 11
4 After section 35-- 12
insert-- 13
`Subdivision 3 Other provisions about rent review'. 14
5 Part 6, division 6, heading, `in retail shopping centres'-- 15
omit. 16
6 Section 64(2), `notice given to the chief executive in the 17
approved form'-- 18
omit, insert-- 19
`written notice given to the chief executive'. 20
7 Section 66(1), `and (3)'-- 21
omit. 22
37
Retail Shop Leases Amendment Bill 2005
Schedule (continued)
8 Section 89(3), `in the approved form'-- 1
omit, insert-- 2
`by written notice'. 3
9 Section 107, `106(a)'-- 4
omit, insert-- 5
`106(1)(a)'. 6
© State of Queensland 2005
AMENDMENTS TO BILL
1
Retail Shop Leases Amendment Bill 2005
Retail Shop Leases Amendment Bill 2005
Amendments agreed to during Consideration
1 Clause 4--
At page 7, lines 31 and 32--
omit, insert--
`Australia.'.
2 Clause 15--
At page 15, line 6, `year'--
omit, insert--
`year, or the stated number of previous years,'.
3 Clause 16--
At page 16, after line 12--
insert--
`(1A) However, this section does not apply if--
(a) the lessee is a major lessee; and
(b) before the lessee entered into the lease the lessee gave
the lessor a written notice stating that the lessee received
appropriate financial and legal advice about the lease;
and
(c) the lease provides for the timing and basis for each
review of the lease.'.
4 Clause 28--
At page 22, after line 15--
insert--
2
Retail Shop Leases Amendment Bill 2005
`(4A) However, subsection (4) applies only if the lessee, by written
notice given to the lessor before the lease would otherwise
expire, asks for the extension.'.
5 Clause 29--
At page 23, line 25, `alternative comparable'--
omit, insert--
`reasonably comparable alternative'.
6 Clause 38--
At page 30, line 4, `specified'--
omit, insert--
`specialist'.
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