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COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS REGULATIONS 1985 - REG 10

COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS REGULATIONS 1985 - REG 10

10 .         Matters prescribed (Act s. 25D(2))

                Section 25D(1) of the Act does not apply in respect of the matters set out in the Table.

Table

Item

Section of Act

Description of matter

1.

11(3C)(b)

Application for an order that a landlord comply with a request made under section 11(3B) of the Act.

2.

12(1)(b)

Application for approval for proportion of operating expenses of a landlord payable by a tenant under a retail shop lease to be greater than the relevant proportion.

3.

12(1e)

Application for approval for contribution towards the operating expenses of a landlord payable by a tenant under a retail shop lease to exceed the amount calculated under section 12(1e)(b) of the Act.

4.

12A(3)(e)(ii)

Submission of a scheme of repayment for approval under section 12A(4) of the Act.

5.

12B(3)(e)(ii)

Submission of a scheme of repayment for approval under section 12B(4) of the Act.

6.

13(3)(a)

Application for approval for variation of the period during which an option to renew a lease is exercisable.

7.

13(7)

Application to approve of the inclusion in a retail shop lease of a provision under which a landlord may determine the lease at a time that is before the day set out in section 13(6)(aa) or (ab) of the Act, as is relevant.

8.

13(7b)

Application for an order that an option of renewal does not arise under section 13(1) of the Act.

9.

13A(3)

Application to determine that there are bona fide commercial reasons for an inconsistency referred to in section 13A(1)(a) of the Act.

10.

14A(3)

Application for the approval of the inclusion in a retail shop lease of a provision about the relocation of a tenant’s business to be in a form other than a form prescribed for the purposes of section 14A of the Act.

11.

15F(6)

Application for an interim order pending final determination of an unconscionable conduct application under section 15F(1) of the Act.

12.

16D(6)

Application for an interim order pending final determination of a misleading or deceptive conduct application under section 16D(1) of the Act.

13.

16(1)

Referral of a question between the parties to a lease which a party believes to be a question arising under the lease, but only if urgent relief in the form of an order for a party to the lease to do, or refrain from doing, something is sought in conjunction with the referral.

14.

27(3)(b)

Application for a matter before the Tribunal to be transferred to a court.

        [Regulation 10 inserted: Gazette 23 Mar 2012 p. 1365‑6; amended: Gazette 30 Nov 2012 p. 5837-9.]

        [Heading inserted: Gazette 30 Nov 2012 p. 5839.]