RETAIL LEASES ACT 2003 - SECT 121 Notification of amount of land tax
RETAIL LEASES ACT 2003 - SECT 121
Notification of amount of land tax(1) Despite anything to the contrary in this Act, section 50 of this Act does not apply to—
S. 121(1)(a) amended by No. 82/2005 s. 44(1).
(a) a retail premises lease entered into before the commencement of this section; or
S. 121(1)(b) amended by No. 82/2005 s. 44(1).
(b) an assignment of such a retail premises lease.
S. 121(2) amended by No. 82/2005 s. 44(2).
(2) If—
S. 121(2)(a) amended by No. 82/2005 s. 44(1).
(a) section 50 of this Act does not apply to a retail premises lease or an assignment of a retail premises lease; and
S. 121(2)(b) amended by Nos 82/2005 s. 44(1)(2), 88/2005 s. 117(Sch. 2 item 5).
(b) the tenant is liable under the retail premises lease to pay an amount in respect of tax under the Land Tax Act 2005 for which the landlord or head landlord is liable; and
S. 121(2)(c) amended by No. 82/2005 s. 44(2).
(c) the landlord or head landlord receives an assessment of that tax on or after the commencement of this section—
within 21 days of receiving the assessment, the landlord or head landlord must give written notice to the tenant of the amount of the assessment.
Penalty: 10 penalty units.
S. 121(3) amended by No. 82/2005 s. 44(2)(3).
(3) A landlord or head landlord is not required to give notice to a tenant under subsection (2) if an estimate of the amount of land tax which the tenant is liable to pay has been given to the tenant as required by section 46 of this Act, section 20A of the Retail Tenancies Reform Act 1998 or section 14A of the Retail Tenancies Act 1986 .
Pt 15 (Heading and ss 122, 123) repealed by No. 28/2007 s. 3(Sch. item 58), new Pt 15 (Heading and s. 122) inserted by No. 26/2020 s. 8
Part 15—Transitional provisions—Retail Leases Amendment Act 2020
New s. 122 inserted by No. 26/2020 s. 8.