Retail and Commercial Leases (Miscellaneous) Variation Regulations 2020 (SA)

South Australia

Retail and Commercial Leases (Miscellaneous) Variation Regulations 2020

under the Retail and Commercial Leases Act 1995

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Retail and Commercial Leases Regulations 2010

4            Variation of regulation 4—Exclusions from application of Act

5            Insertion of regulation 8A

8A          Prescribed fee

6            Variation of regulation 12—Retail Shop Leases Advisory Committee

7Variation of regulation 14—Modification of Landlord and Tenant Act

8            Variation of Schedule 1—Form of disclosure statements

Part 1—Preliminary

1—Short title

These regulations may be cited as the Retail and Commercial Leases (Miscellaneous) Variation Regulations 2020.

2—Commencement

These regulations come into operation on the day on which the Retail and Commercial Leases (Miscellaneous) Amendment Act 2019 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Retail and Commercial Leases Regulations 2010

4—Variation of regulation 4—Exclusions from application of Act

1. Regulation 4(1)—delete subregulation (1)

2. Regulation 4(2)—delete "section 4(3)" and substitute:

   section 4(5)

5—Insertion of regulation 8A

After regulation 8 insert:

8A—Prescribed fee

For the purposes of section 20K(4) of the Act, the prescribed fee payable to the Commissioner for a certificate under section 20K(3) of the Act is $200.

6—Variation of regulation 12—Retail Shop Leases Advisory Committee

1. Regulation 12(1)(b)—delete "- South Australia Division"

2. Regulation 12(1)(c)—delete paragraph (c)

3. Regulation 12(1)(e), (f) and (g)—delete paragraphs (e), (f) and (g) and substitute:

   (e)AHA SA Hotels;

   (f)Australian Lottery and Newsagents Association;

   (g)Lease1.com.au Pty Ltd;

   (h)the Law Society of South Australia;

   (i)the Pharmacy Guild of Australia;

   (j)the Real Estate Institute of South Australia Incorporated;

   (k)Savills Australia;

   (l)Scentre Shopping Centre Management (SA) Pty Ltd;

   (m)South Australian Independent Retailers Incorporated;

   (n)South Australian Employers' Chamber of Commerce and Industry Incorporated.

7—Variation of regulation 14—Modification of Landlord and Tenant Act

Regulation 14(1)(b), substituted section 56(3) of Landlord and Tenant Act 1936—delete "$40 000" and substitute:

$100 000

8—Variation of Schedule 1—Form of disclosure statements

1. Schedule 1, Form 1, clause 7—delete clause 7 and substitute:

   7—Consequences of breach

   The legal consequences of a breach of a term of the lease (including the consequences of early termination of the lease by the lessee) as set out in [insert clause numbers or other identification of relevant components of lease] of the lease are as follows:

   [Insert brief description.]

2. Schedule 1, Form 1, Appendix A, clause 5, table—after "local government rates and charges" insert on next line:

   emergency services levy

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 14 May 2020

No 57 of 2020