RETAIL LEASES ACT 2003 - SECT 67 Confidentiality of turnover information

RETAIL LEASES ACT 2003 - SECT 67

    (1)     A landlord under a retail premises lease must not divulge or communicate to any person any information about the turnover of the tenant's business provided by the tenant in accordance with the lease.

Penalty:     20 penalty units.

    (2)     However, subsection (1) does not prevent the landlord communicating or divulging any information—

        (a)     with the tenant's consent; or

        (b)     in a document giving aggregate turnover information about the retail shopping centre in which the retail premises are located in a way that does not disclose information relating to the turnover of a particular tenant's business; or

S. 67(2)(c) amended by No. 16/2017 s. 41.

        (c)     to a court, the Tribunal or the Small Business Commission, or for the purposes of any dispute resolution or valuation, for the purposes of this Act or the lease; or

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

        (e)     in good faith to any of the following persons in a way that does not disclose information identifying a particular lease or tenant, or relating to a tenant's business—

              (i)     the landlord's professional advisers (such as legal or financial advisers); or

              (ii)     the proper officer of any financial institution for the purpose of enabling the landlord to obtain financial accommodation; or

              (iii)     a prospective purchaser of the retail premises or the building in which the premises are located.