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PARLIAMENT OF VICTORIA
Retail Tenancies Reform (Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. 1998 Act deemed to have been enacted as amended by section 4 2
4. Rent review 2
5. Transitional provisions 2
ENDNOTES 4
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PARLIAMENT OF VICTORIA
Initiated in Council 9 October 2001
A BILL
to amend the Retail Tenancies Reform Act 1998 with respect to the
basis or formula on which a rent review may be made during the term
of a retail premises lease.
Retail Tenancies Reform (Amendment)
Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Retail
Tenancies Reform Act 1998 with respect to the
basis or formula on which a rent review may be
5 made during the term of a retail premises lease.
1
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Retail Tenancies Reform (Amendment) Act 2001
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. 1998 Act deemed to have been enacted as amended by
5 section 4
See:
In section 2 of the Retail Tenancies Reform Act Act No.
1998, after sub-section (3) insert-- 14/1998.
Reprint No. 1
"(4) This Act is deemed to have been enacted as as at
1 July 1998
amended by section 4 of the Retail and
10 Tenancies Reform (Amendment) Act amending Act
Nos 52/1998,
2001.". 85/1998,
73/2000,
27/2001 and
44/2001.
Law Today:
www.dms.
dpc.vic.
gov.au
4. Rent review
In section 12(2)(a) of the Retail Tenancies
Reform Act 1998, omit "of the base rent".
15 5. Transitional provisions
In section 52 of the Retail Tenancies Reform
Act 1998, after sub-section (2) insert--
"(2A) The amendment of section 12(2)(a) made by
section 4 of the Retail Tenancies Reform
20 (Amendment) Act 2001 has no effect on--
(a) a proceeding determined by the
Tribunal before the passing of that Act;
or
(b) a proceeding commenced in the
25 Tribunal before the passing of that Act
and the hearing of which had been
concluded before that passing; or
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Retail Tenancies Reform (Amendment) Act 2001
s. 5
Act No.
(c) any appeal from an order of the
Tribunal made in a proceeding on
which (by virtue of paragraph (a) or
(b)) that amendment has no effect,
5 whether the appeal is commenced (or
determined) before or after the passing
of that Act--
and any such proceeding or appeal must be
determined in accordance with this Act as if
10 section 12(2)(a) had not been amended by
the Retail Tenancies Reform
(Amendment) Act 2001.
(2B) Subject to sub-section (2A), a provision in a
retail premises lease entered into before the
15 passing of the Retail Tenancies Reform
(Amendment) Act 2001 that uses a fixed
percentage (however expressed) as the basis
or formula on which a rent review is to be
made has, and is deemed always to have had,
20 the same effect as it would have had if the
Retail Tenancies Reform (Amendment)
Act 2001 had been passed before the lease
was entered into.".
25
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Retail Tenancies Reform (Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
4
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