RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 51

RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 51

51—Confidentiality of turnover information

If a retail shop lease requires the lessee to provide information to the lessor about the turnover of the business of the lessee, the lessor must not divulge or communicate information provided by the lessee except—

            (a)         with the consent of the lessee; or

            (b)         in a document giving aggregate turnover information about a retail shopping centre in a manner that does not disclose information about the turnover of an individual lessee's business; or

            (c)         to a court or arbitrator, or for the purposes of a mediation or valuation for the purposes of this Act or the lease; or

            (d)         in compliance with a requirement made by or under an Act; or

            (e)         to the lessor's professional advisers (such as legal or financial advisers), or to the proper officer of a financial institution for the purpose in good faith of enabling the lessor to obtain financial accommodation; or

            (f)         in good faith to a prospective purchaser of the retail shop or the building of which it forms part.

Maximum penalty: $15 000.