(1) An agreement under a retail shop lease or under an assignment of a
retail shop lease about compensation payable under this division is void to
the extent it limits the amount of compensation.
(2) However, a provision of
a retail shop lease may limit a claim for compensation for an
anticipated disturbance that occurs within 1 year from the date the lease is
entered into if, before the lease is entered into, the lessor gives the lessee
a written notice.
(3) The notice must include the following particulars—
(b) a statement assessing the likelihood of the
anticipated disturbance occurring, including an indication of the basis on
which the assessment was reached;
(c) a statement of the timing, duration and
effect of the anticipated disturbance, so far as they can be predicted.
(4) A
notice that includes a general statement to the effect that an
anticipated disturbance may occur without setting out the particulars referred
to in subsection (3) is not a notice for the purpose of subsection (2) .
(5)
In this section—
"anticipated disturbance" means an action or omission in relation to which a
lessor is liable to pay the lessee compensation under section 43(1) (a) to
(e) .
