(1) A lessor must not, whether directly or indirectly, disclose to anyone else
information obtained by the lessor about the turnover of the lessee’s
business without the lessee’s agreement.
Penalty—
Maximum
penalty—60 penalty units.
(2) However, the lessor may disclose
information—
(a) in a document giving the aggregate turnover of businesses,
or a class of business, in the retail shopping centre in which the leased shop
is situated if the disclosure is made in a way that does not disclose
information about the turnover of an individual lessee’s business; or
(b)
specifying the turnover of the lessee’s business to—
(i) a prospective
purchaser or mortgagee of the retail shopping centre in which the leased shop
is situated; or
(ii) a professional adviser to, or properly appointed agent
of, a prospective purchaser or mortgagee mentioned in subparagraph (i) ; or
(3) A person who is given information under
subsection (2) (b) (i) or (ii) —
(a) may use the information only to enable
the prospective purchaser or mortgagee to make a decision whether to purchase
the lessor’s interest in, or to obtain financial accommodation on the
security of, the retail shopping centre; and
(b) must not, whether directly
or indirectly, disclose the information to anyone else without the lessee’s
agreement.
Penalty—
Maximum penalty—60 penalty units.
(4) A
person who is given information under subsection (2) (b) (iii) —
(a) may use
the information only to determine the lessee’s rent on the basis of the
turnover of the lessee’s business carried on in the leased shop or to advise
the lessor on the centre’s trading performance; and
(b) must not, whether
directly or indirectly, disclose the information to anyone else without the
lessee’s agreement.
Penalty—
Maximum penalty—60 penalty units.
(5) If a person discloses information in contravention of subsection (1) , (3)
or (4) and the lessee suffers loss or damage because of the disclosure, the
lessee is entitled to the reasonable compensation for the loss or damage
agreed between the lessor and lessee or, failing agreement, decided by way of
the dispute resolution process.
(6) An agreement under the lease about the
disclosure of turnover information or the amount of compensation is not an
agreement for the purposes of subsection (1) , (3) (b) , (4) (b) or (5) .
