South Australian Consolidated Acts

LANDLORD AND TENANT ACT 1936 - SECT 68

68—Power of Tribunal to act in any matter

        (1)         Subject to this Part, an action for relief under this section may be commenced by application to the Tribunal by any party (or former party) to a commercial tenancy agreement to which this Part applies or to a related guarantee.

        (2)         Upon an application under subsection (1), the Tribunal may, as the case requires—

            (a)         conciliate between the parties and attempt to achieve settlement of any matter by agreement; or

            (b)         by order—

                  (i)         restrain any action in breach of the agreement or a related guarantee, or in breach of any law; or

                  (ii)         require any action in performance of the agreement or a related guarantee, or to ensure compliance with any law; or

            (c)         order the payment of any amount payable under the agreement or a related guarantee; or

            (d)         order the payment of compensation for loss or damage caused by any breach of the agreement or a related guarantee; or

            (da)         grant relief from the operation of any provision of the agreement or a related guarantee; or

            (db)         where rights of occupation conferred by a commercial tenancy agreement have been forfeited or have otherwise terminated for a reason other than the expiration of the term of the agreement—order reinstatement of those rights on such terms as may be just; or

            (e)         authorise payment of the rent under the agreement into the Tribunal until the agreement has been performed or an application for compensation has been determined; or

            (f)         where appropriate, order that the rent paid into the Tribunal be paid out towards the cost of remedying the breach or towards the amount of the compensation; or

            (g)         upon a termination of the agreement, order the tenant to surrender possession of the premises to the landlord; or

            (h)         make such other order as the Tribunal thinks fit.

        (3)         Where the Tribunal exercises its power of conciliation on an application under subsection (1)—

            (a)         nothing said or done during the course of the conciliation proceedings shall subsequently be given in evidence before the Tribunal; and

            (b)         a member of the Tribunal who acted in the conciliation proceedings shall not be disqualified from constituting the Tribunal in other proceedings that may subsequently occur in relation to the application; and

            (c)         if the proceedings are settled, the Tribunal may embody the terms of the settlement in an order.

        (4)         The Tribunal may make an order under subsection (2) in the nature of an injunction or order for specific performance.

        (5)         The Tribunal may, in relation to the determination of an application under subsection (1), make such ancillary or incidental orders as the Tribunal considers appropriate in the circumstances.

"Division 5—Commercial Tenancies Fund