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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Retail Tenancies Reform (Rent Review) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Rent review 2
4. Transitional provisions 2
ENDNOTES 4
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PARLIAMENT OF VICTORIA
Initiated in Council on 26 September 2001 by the Hon. C. A. Furletti
Circulated in lieu of Legislative Council Circulation 27 September
2001
A BILL
to amend the Retail Tenancies Reform Act 1998 to clarify the basis
on which a rent review may be made during the term of a retail
premises lease.
Retail Tenancies Reform (Rent Review)
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 to clarify the basis
on which a rent review may be made during the
5 term of a retail premises lease.
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Retail Tenancies Reform (Rent Review) Act 2001
s. 2
Act No.
2. Commencement
This Act is deemed to have come into operation
on 1 July 1998.
3. Rent review
See:
5 In section 12(2) of the Retail Tenancies Reform Act No.
Act 1998, for paragraph (a) substitute-- 14/1998.
Reprint No. 1
"(a) a fixed percentage of the rent payable in as at
1 July 1998
respect of a specified year or other period;". and
amending
Act Nos
52/1998,
85/1998,
73/2000,
27/2001 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Transitional provisions
10 In section 52 of the Retail Tenancies Reform
Act 1998, after sub-section (2) insert--
"(2A) The amendment of section 12(2) made by
section 3 of the Retail Tenancies Reform
(Rent Review) Act 2001 has no effect on--
15 (a) a proceeding determined by the
Tribunal before the passing of that Act;
or
(b) a proceeding commenced in the
Tribunal before the passing of that Act
20 and the hearing of which had been
concluded before that passing; or
(c) any appeal from an order of the
Tribunal made in a proceeding on
which (by virtue of paragraph (a) or
25 (b)) that amendment has no effect,
whether the appeal is commenced (or
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Retail Tenancies Reform (Rent Review) Act 2001
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Act No.
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
5 section 12(2) had not been amended by the
Retail Tenancies Reform (Rent Review)
Act 2001.
(2B) Subject to sub-section (2A), a provision in a
retail premises lease entered into before the
10 passing of the Retail Tenancies Reform
(Rent Review) Act 2001 that uses a fixed
percentage of the rent payable in respect of a
specified year or other period (whether or
not referred to as the base rent) as the basis
15 or formula on which a rent review is to be
made has, and is deemed always to have had,
the same effect as it would have had if
section 12(2) of this Act had been enacted as
amended by section 3 of the Retail
20 Tenancies Reform (Rent Review) Act
2001.".
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Retail Tenancies Reform (Rent Review) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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