Commercial Tenancies (COVID-19 Response) Amendment Regulations 2021 (WA)

426   GOVERNMENT GAZETTE, WA 29 January 2021

CONSUMER PROTECTION

CP301

Commercial Tenancies (COVID-19 Response) Act 2020

Commercial Tenancies (COVID-19 Response)

Amendment Regulations 2021

SL 2021/8

Made by the Governor in Executive Council.

1. Citation

These regulations are the Commercial Tenancies (COVID-19

Response) Amendment Regulations 2021.

2.   Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Commercial Tenancies (COVID-19

Response) Regulations 2020.

4.           Regulation 4AA inserted

After regulation 4 insert:

Act.

4AA. Modified s. 9 of Act applies to certain cases after

emergency period (s. 23)

(1) For the purposes of section 23 of the Act, after the
emergency period, section 9 of the Act applies as if
amended as set out in subregulation (3) to a case where
the grounds for taking prohibited action is a breach
that —

(a)	occurred when the tenant was an eligible tenant in relation to the small commercial lease; and
(b)	is the subject of a dispute that is being dealt with, but is not yet resolved, under Part 5 of the

29 January 2021 GOVERNMENT GAZETTE, WA 427

(2) For the purposes of subregulation (1)(b), a dispute is being dealt with under Part 5 if a party to the dispute has —

(a)	under section 18 of the Act, requested the Commissioner to undertake alternative dispute resolution with the other party in respect of the dispute; or
(b)	under section 16 of the Act, applied to the Tribunal to have the dispute determined by the Tribunal.

(3)	In section 9 delete "cannot take prohibited action during the emergency period" and insert:
cannot take prohibited action after the emergency period

N. HAGLEY, Clerk of the Executive Council.