COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Application of Act
- 5 Crown bound
PART II -- Retail shop leases
- 6 Disclosure statement, tenant’s rights if not given by landlord etc.
- 6A Tenant guide, tenant’s rights if not in lease etc.
- 7 Rent based on turnover, provision for in lease is void in some cases
- 8 Turnover figures of tenant, provision in lease requiring is void in some cases
- 9 Key-money or goodwill, provision for in lease is void in some cases
- 10 Tenant’s right to assign lease, landlord’s consent to assignment or sub-lease etc.
- 11 Rent review, provisions for in lease and conduct of etc.
- 11A Information given under s. 11, restrictions on disclosing
- 12 Landlord’s operating expenses etc., effect of provisions in lease for payment by tenant of
- 12A Sinking fund for repairs etc., effect of lease requiring payment by tenant into etc.
- 12B Fund for marketing etc. retail shopping centre, effect of lease requiring payment by tenant into etc.
- 12C Opening hours, provision in lease for is void etc.
- 12D Tenants’ association etc., provision in lease preventing tenant from forming etc. is void etc.
- 13 Tenant entitled to at least 5 year term in some cases etc.
- 13A Head lease modified if inconsistent with lease affected by s. 13(1)
13B. Lease without option to renew etc., parties’ rights under
- 13C Lease with option to renew, when option ceases to be exercisable etc.
- 14 Retail shopping centre shop, lease for deemed to provide for compensation to tenant in some cases
- 14A Relocation of tenant’s business, provision in lease for is void in some cases
- 14B Landlord’s legal costs of lease etc. not claimable from tenant
- 14C Refit etc. of shop, provision in lease requiring tenant to do is void in some cases
- 15 Provision in lease excluding Act etc. is void etc.
PART IIA -- Unconscionable conduct and misleading or deceptive conduct
Division 1 -- Unconscionable conduct
- 15A Terms used
- 15B Application of Division
- 15C Landlord not to engage in unconscionable conduct
- 15D Tenant not to engage in unconscionable conduct
- 15E Conduct that is not unconscionable for s. 15C and 15D
15F. SAT’s powers as to unconscionable conduct
Division 2 -- Misleading or deceptive conduct
- 16A Term used: misleading or deceptive conduct
- 16B Application of Division
- 16C Parties to lease not to engage in misleading etc. conduct
- 16D SAT’s powers as to misleading etc. conduct
Division 3 -- Reference of questions to State Administrative Tribunal
- 16 Party to lease may refer question to SAT
PART III -- Powers and procedure for dealing with matters
PART IV -- Miscellaneous
- 28 Protection from liability for some persons
- 29 Transitional provisions (Sch. 1)
- 30A Small Business Commissioner, functions of
- 30 Regulations
- 31 Review of Act