Retail Leases Act 1994 (NSW)
Tobacco Legislation (Closure Orders) Amendment Bill 2025
Public Health (Tobacco) Amendment (Illicit Tobacco) Bill 2025 [Non-government Bill— Ms K A Sloane, MP]
An Act to make provision with respect to the leasing of certain retail shops and the rights and obligations of lessors and lessees of those shops, and for other purposes.
This Act applies to leases of retail shops, with certain limitations. To understand those limitations—
* see the definition of
retail shop in section 3 for the shops to which this Act applies,* see sections 5 and 6B for the retail shops that are excluded from the operation of this Act,
* see sections 6, 6A and 84B for the leases that are excluded from the operation of this Act.
This Act may be cited as the Retail Leases Act 1994.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) car parking spaces, or
(b) storage areas not attached to the retail shop premises where the business of the shop is or is to be carried on.
(a) are used, or proposed to be used, wholly or predominantly for the carrying on of one or more of the businesses prescribed for the purposes of this paragraph (whether or not in a retail shopping centre), or
(b) are used, or proposed to be used, for the carrying on of any business (whether or not a business prescribed for the purposes of paragraph (a)) in a retail shopping centre.
Sections 5 and 6B limit the retail shops to which this Act applies.
Clause 17 of Schedule 3 provides that the businesses specified in Schedule 1 are taken to be prescribed for the purposes of paragraph (a) of this definition until regulations prescribing businesses and repealing Schedule 1 are made.
(a) whether or not the right is a right of exclusive occupation, and
(b) whether the agreement is express or implied, and
(c) whether the agreement is oral or in writing, or partly oral and partly in writing.
Sections 6, 6A and 84B limit the retail shop leases to which this Act applies.
(a) at least 5 of the premises are used wholly or predominantly for the carrying on of one or more listed businesses,
(b) the premises are all owned by the same person, or have (or would if leased have) the same lessor or the same head lessor, or comprise lots within a single strata plan under the Strata Schemes Development Act 2015,
(c) the premises are located in the one building or in 2 or more buildings that are either adjoining or separated only by common areas or other areas owned by the owner of the retail shops,
(d) the cluster of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade.
(a) for the purposes of a valuation under this Act relating to a retail specialty shop in a retail shopping centre having both—
(i) 20 or more retail specialty shops, and
(ii) a total of lettable areas of retail specialty shops that exceeds 1,000 square metres,
a valuer having not less than 5 years’ experience in valuing retail specialty shops in shopping centres of that kind, or
(b) for the purposes of a valuation under this Act relating to any other retail specialty shop or any other retail shop, a valuer having not less than 5 years’ experience in valuing retail shops.
Part 9 contains other provisions that affect the interpretation of this Act.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to the lessor or the lessee, in the context of a provision that has application to a proposed retail shop lease, includes a reference to the proposed lessor or proposed lessee.
In this Act,
(a) a lessor’s outgoings on account of expenses attributable to the management, operation, maintenance or repair of the retail shop building or land,
(b) a lessor’s outgoings on account of rates, taxes, levies, premiums or charges payable by the lessor because the lessor is the owner or occupier of the retail shop building or land or is the supplier of a taxable supply (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth) in respect of the retail shop building or land,
(c) fees charged by a lessor for services provided by the lessor in connection with the management, operation, maintenance or repair of the retail shop building or land.
In this section,
This Act applies to and in respect of an agreement to lease in the same way as it applies to and in respect of a lease.
When a lease (the
(a) a lessor’s disclosure statement given for the agreement to lease is deemed to have been given for the resulting lease, and
(b) a separate lessor’s disclosure statement is not required or permitted to be given for the resulting lease.
Notes included in this Act except where occurring in Schedules 2 and 2A are explanatory notes and do not form part of this Act.
This Act does not apply to any of the following—
(a) shops that have a lettable area of 1,000 square metres or more,
(b) shops that are used wholly or predominantly for the carrying on of a business by the lessee on behalf of the lessor,
(c) any shop within premises where the principal business carried on on those premises is the operation of a cinema, bowling alley or skating rink and the shop is operated by the person who operates the cinema, bowling alley or skating rink,
(d) premises used only for any one or more of the purposes listed in Schedule 1A (Excluded uses),
(e) premises of a class or description prescribed by the regulations as exempt from this Act.
This Act does not apply to any of the following leases of retail shops—
(a) (Repealed)
(b) leases for a term of 25 years or more (with the term of a lease taken to include any term for which the lease may be extended or renewed at the option of the lessee),
(c) leases entered into before the commencement of this section,
(d) leases entered into under an option granted or agreement made before the commencement of this section,
(e) any other lease of a class or description prescribed by the regulations as exempt from this Act.
This Act does not apply to any lease referred to in this section that is assigned to another person after the commencement of this section.
Part 9A provides for certain exemptions regarding premises at airports.
Subject to subsection (2), this Act does not apply to a lease of a retail shop for a term of less than 6 months without any right for the lessee to extend the lease (whether by means of an option to extend or renew the lease or otherwise).
If the lessee has been in possession or entitled to be in possession of the retail shop without interruption for more than one year (whether by means of a series of 2 or more leases or by means of an extended or renewed lease or leases, or by any combination of those means), this Act applies to—
(a) the lease on and from the day on which the lessee has been in possession or entitled to be in possession of the shop for more than one year, and
(b) any succeeding lease or leases of the shop to the lessee, where possession or entitlement to possession is not interrupted.
Sections 11–12A do not apply to the lease referred to in subsection (2) (a), but apply to any succeeding lease referred to in subsection (2) (b).
(Repealed)
The regulations may provide that, if this Act applies to a lease because of subsection (2), specified provisions of this Act (other than section 11 and Part 2A) do not apply to or in respect of the lease or apply with prescribed modifications.
The regulations may provide that interruptions for a prescribed period or of a prescribed kind are to be disregarded for the purposes of this section.
For the purposes of subsection (1), a provision for holding over by the lessee at the end of the term of the lease does not confer a right on the lessee to extend the lease if it operates at the discretion of each of the lessee and the lessor.
This section has effect in relation to a lease whether or not it is assigned to another person, but if it is assigned the period of possession or entitlement to possession by the assignee is taken to include any period of possession or entitlement to possession by the assignor and any previous assignor.
This Act does not apply to a retail shop that is a stall in a market unless the market is a permanent retail market.
A
A stall in a permanent retail market is not a retail shop to which this Act applies unless it satisfies the definition of
The regulations may make provision for or with respect to modifying the operation of this Act in its application to a retail shop in a permanent retail market.
Regulations under this section may include provision for a mandatory code of conduct for lessors and lessees under leases of retail shops in a permanent retail market (including provision for sanctions for non-compliance with the mandatory code).
This Act operates despite the provisions of a lease. A provision of a lease is void to the extent that the provision is inconsistent with a provision of this Act. A provision of any agreement or arrangement between the parties to a lease is void to the extent that the provision would be void if it were in the lease.
For the purposes of this Act, a retail shop lease is considered to have been entered into when a person enters into possession of the retail shop as lessee under the lease or begins to pay rent as lessee under the lease (whichever happens first).
However, if both parties execute the lease before the lessee enters into possession under the lease or begins to pay rent under the lease, the lease is considered to have been entered into as soon as both parties have executed the lease.
Therefore, if the lessee starts to pay rent as lessee or enters into possession as lessee, the lease is considered to have been entered into even if neither party has executed the lease at that time. Money paid in advance (purportedly as rent) as a deposit to secure premises for a proposed lease does not constitute rent paid as lessee under the lease.
A person must not, as lessor or on behalf of the lessor, offer to enter into a retail shop lease, invite an offer to enter into a retail shop lease or indicate by written or broadcast advertisement that a retail shop is for lease, unless—
(a) the person has in his or her possession a copy of the proposed retail shop lease (in written form, but not necessarily including particulars of the lessee, the rent or the term of the lease) for the purpose of making the lease available for inspection by a prospective lessee, and
(b) the person makes—
(i) a copy of the proposed lease, and
(ii) if the regulations so provide—a copy of a retail tenancy guide prescribed by or identified in the regulations,
available to any prospective lessee as soon as the person enters into negotiations with the prospective lessee concerning the lease.
Maximum penalty—50 penalty units.
The copy of the retail tenancy guide to be made available to a prospective lessee may be or be a copy of—
(a) the officially printed guide, or
(b) a version of the guide printed from a website of a government department or authority or from a website identified in the regulations.
A party to a retail shop lease is liable to pay another party to the lease (
The giving of a lessor’s disclosure statement to a prospective lessee under a retail shop lease is considered to be the making of a representation by the lessor to the lessee as to the information in the disclosure statement.
The making of a representation by a prospective lessee in a lessee’s disclosure statement given to a prospective lessor under a retail shop lease that the prospective lessee has sought independent advice, or as to statements or representations relied on by the prospective lessee in entering the lease, is considered to be the making of a representation by a lessee to the lessor.
This section extends to apply to a statement or representation made before the commencement of this section.
At least 7 days before a retail shop lease is entered into, the lessor must give the lessee a disclosure statement for the lease (the
(a) the lessor’s disclosure statement is to be in writing and is to be in or to the effect of Parts A and B of the form in Schedule 2 (the
prescribed form ),(b) the lessor’s disclosure statement is to include Part B of the prescribed form for the purposes of Part B being completed by the lessee and provided to the lessor as the lessee’s disclosure statement (under section 11A),
(c) the lessor’s disclosure statement must contain the information and be accompanied by the material that is required to complete or accompany Part A of the prescribed form (but only to the extent that is relevant to the lease concerned),
(d) the form of the lessor’s disclosure statement is not required to comply strictly with the prescribed form (including its layout) so long as it is substantially to the same effect as the prescribed form.
Maximum penalty—50 penalty units.
Because the lessor’s disclosure statement need only include information relevant to the lease, if the retail shop is not in a retail shopping centre the disclosure statement need not include information that is relevant only to shops in retail shopping centres.
If a lessee was not given a disclosure statement as required by subsection (1) or if the disclosure statement that was given to the lessee was incomplete or contained information that at the time it was given was materially false or misleading, the lessee may terminate the lease by notice in writing to the lessor at any time within 6 months after the lease was entered into, unless subsection (3) prevents termination.
If the lessee terminates the lease in accordance with this section, the lessee is entitled to recover compensation from the lessor for costs reasonably incurred by the lessee in connection with the lessee entering into the lease, including compensation for expenditure by the lessee in connection with the fit-out of the retail shop.
The lessee cannot terminate the lease under this section on the ground that the disclosure statement is incomplete or contains information that is materially false or misleading if—
(a) the lessor has acted honestly and reasonably and ought reasonably to be excused for the failure concerned, and
(b) the lessee is in substantially as good a position as the lessee would have been if the failure had not occurred.
If a lease is entered into by way of the renewal of a lease, a written statement (a
The termination of a lease under this section does not affect any right, privilege, obligation or liability acquired, accrued or incurred under the lease in respect of any period before its termination.
A lessor’s disclosure statement may be amended with the agreement in writing of the lessor and the lessee before or after the lease is entered into and any such amendment has effect from the date specified in the agreement (which can be a date before the agreement is made).
The Tribunal also has power to order the rectification of a lessor’s disclosure statement. See section 72AB.
No later than 7 days after receiving the lessor’s disclosure statement from the lessor (or within such longer period as may be agreed with the lessor), the lessee must give the lessor a statement in writing (as the
Maximum penalty—50 penalty units.
If a lease is entered into by way of the renewal of a lease, a written statement (a
(Repealed)
The regulations may prescribe additional matters to be included in the form of lessee’s disclosure statement for the purposes of this section.
A provision of a retail shop lease that requires the lessee to pay or contribute towards the cost of providing any finishes, fixtures, fittings, equipment or services in or for the shop is void unless the liability to make the payment or contribution was disclosed in a disclosure statement given to the lessee in accordance with this Part.
To remove doubt, this section does not apply to outgoings.
The lessee under a retail shop lease is not liable to pay any amount to the lessor in respect of any outgoings unless the liability to pay the amount was disclosed in the lessor’s disclosure statement for the lease.
If the lessor’s disclosure statement provided an estimate of the amount of any outgoing and the estimated amount is less than the actual amount, the following provisions apply—
(a) if there was no reasonable basis for the estimate when the lessor’s disclosure statement was given, the lessee’s liability for any payment in respect of the outgoing is to be determined on the basis of the amount estimated (instead of the actual amount) and is to be reduced accordingly,
(b) if the lessee’s liability to pay an amount (the
actual amount ) in respect of an outgoing is reduced because there was no reasonable basis for an estimate of the outgoing, any liability of the lessee in respect of any subsequent increase in the outgoing is to be reduced in the same proportion as the actual amount was reduced.
This section does not apply to an outgoing in the nature of a tax, rate or levy that is imposed by or under an Act after the lessor’s disclosure statement is given and that was not an outgoing of the lessor when the lessor’s disclosure statement was given.
A lessee is entitled to recover from the lessor any amount paid to the lessor that the lessee was not liable to pay because of this section.
Costs associated with the advertising or promotion of a retail shop or retail shopping centre, or of any business carried on there, are not outgoings for the purposes of this section.
This section applies if a lessee of a retail shop is liable to pay an amount for, or associated with, any works carried out by or on behalf of the lessor (before or after the lease is entered into) to enable the proposed fit-out of the shop by the lessee.
The maximum amount of the costs of the works, or a basis or formula with respect to those costs, is to be agreed in writing by the lessor and lessee before the lease is entered into.
The lessee is not liable to pay an amount in respect of the works that is more than the agreed maximum amount.
(Repealed)
If a prospective lessor of a retail shop in a retail shopping centre requires a particular standard of construction for fit-outs to be carried out by the lessee, the relevant information relating to the standard must be contained in a tenancy fit-out statement (which may be described as a tenancy fit-out guide)—
(a) accompanying the lessor’s disclosure statement, or
(b) accompanying or included in the lease or any agreement for the lease of the shop.
The lessee is not liable to carry out any fit-out of the kind referred to in subsection (1) to the extent that it is not covered by the tenancy fit-out statement.
This section does not affect the operation of section 38.
A person must not, as lessor or on behalf of the lessor, seek or accept the payment of key-money or lease preparation expenses in connection with the granting of a retail shop lease and any provision of a retail shop lease is void to the extent that it requires or has the effect of requiring the payment of key-money or lease preparation expenses in connection with the granting of the lease.
If a person contravenes this section—
(a) the person is guilty of an offence and liable to a penalty not exceeding 100 penalty units, and
(b) (whether or not the person is convicted of an offence under paragraph (a)) the lessee is entitled to recover from the lessor as a debt any payment made or the value of any benefit conferred by the lessee and accepted by or on behalf of the lessor in contravention of this section.
This section does not prevent a lessor—
(a) (Repealed)
(b) from receiving payment of rent in advance, or
(c) from securing performance of the lessee’s obligations under the lease by requiring the provision of a security bond or other bond or a guarantee from the lessee or any other person (such as a requirement that the directors of a company that is the lessee guarantee performance of the company’s obligations under the lease), or
(d) from seeking and accepting payment for goodwill of a business from a purchaser of the business, but only to the extent that the goodwill is attributable to the conduct of the business by the lessor, or
(e) from seeking and accepting payment for plant, equipment, fixtures or fittings that are sold by the lessor to the lessee in connection with the granting of the lease, or
(f) from seeking and accepting payment for the grant of a franchise in connection with the granting of the lease.
This section does not prevent a person, as lessor or on behalf of the lessor, from requiring payment by a prospective lessee or the lessee of a reasonable sum in respect of lease preparation expenses incurred in connection with making an amendment to a proposed lease that was requested by or on behalf of the prospective lessee or the lessee, other than—
(a) an amendment to insert or vary the particulars of the lessee, the rent or the term, or
(b) an amendment to remedy a failure by or on behalf of the lessor to include or omit a term of the proposed lease that was, at the time of the failure to include or omit, agreed between the lessor and the proposed lessee or lessee to be included in or omitted from the proposed lease, or
(c) an amendment requested before the lessor is given a lessee’s disclosure statement under section 11A.
If a prospective lessee or the lessee is liable to pay a reasonable sum referred to in subsection (4), the lessor must provide the prospective lessee or lessee with a copy of any account presented to the lessor in respect of those expenses. The prospective lessee or lessee is not required to make any such payment until the lessor has complied with this requirement.
A retail shop lease is taken to include a provision to the effect that the lessor must provide the lessee with an executed copy of the lease within 3 months after the lease is returned to the lessor or the lessor’s lawyer or agent following its execution by the lessee.
That 3-month period is to be extended for any delay attributable to the need to obtain any consent from a head lessor or mortgagee (being delay not due to any failure by the lessor to make reasonable efforts to obtain consent).
If a retail shop lease is for a term of more than 3 years or if the parties to the lease have agreed that the lease is to be registered, the lessor must lodge the lease for registration in accordance with the Real Property Act 1900 within 3 months after the lease is returned to the lessor or the lessor’s lawyer or agent following its execution by the lessee.
Maximum penalty—50 penalty units.
The 3-month period within which a lease must be lodged for registration is to be extended for any delay attributable to—
(a) the need to obtain any consent from a head lessor or mortgagee (being delay not due to any failure by the lessor to make reasonable efforts to obtain consent), or
(b) requirements arising under the Real Property Act 1900 that are beyond the control of the lessor.
For the purposes of this section, the term of a retail shop lease includes any term for which the lease may be extended or renewed at the option of the lessee.
For example, a retail shop lease is for a term of more than 3 years if it is for a term of 1 year with an option to renew for a further term of greater than 2 years.
This section does not affect the operation of the Real Property Act 1900.
In this Part—
(a) the Secretary, or
(b) a person appointed by the Secretary to be an authorised officer—
(i) for the purposes of this Part generally, or
(ii) for the purposes of a particular provision of this Part in which the expression is used.
(a) proceedings in a court (other than a prosecution) or before the Tribunal in relation to any matter which, under the terms or conditions of a lease, could, but for this Part, have given rise to a claim in relation to a security bond deposited or paid in accordance with those terms or conditions, or
(b) mediation of a retail tenancy dispute concerning such a claim.
(a) was (before or after the lease became, or the proposed lease becomes, binding on the parties) deposited with or paid to—
(i) the lessor, or
(ii) another person, in accordance with the directions of the lessor or the terms or conditions of the lease or proposed lease, or
(iii) another person acting on behalf of the lessor, and
(b) was so deposited or paid in such a way that the effect is to secure, otherwise than by payment of rent in advance, the lessor against any failure by a lessee to comply with any terms or conditions (irrespective of whether those terms or conditions are related to payment of rent or not) applying to or in connection with the lease or proposed lease.
An amount of money deposited with or paid to a person as referred to in paragraph (a) (ii) or (iii) of the definition of
For the purposes of the definition of
(a) money is deposited or paid as referred to in that definition in relation to a proposed lease, and
(b) a lease between the parties, and of the premises, to which the proposal relates is entered into,
the lease entered into is taken to be the lease proposed at the time the money is deposited or paid, whether or not the lease entered into differs from the lease proposed at that time.
A retail shop lease is taken to include a provision to the effect that the lessor is not entitled to unreasonably refuse to accept a guarantee from an authorised deposit-taking institution in satisfaction of any requirement to provide a security bond or other bond or a third party guarantee for the performance of the lessee’s obligations under the lease.
Security provided otherwise than in the form of a security bond is not otherwise subject to the requirements of this Part (except section 16BA).
A lessor who receives a bank guarantee for a lease must return the original bank guarantee to the lessee within 2 months (the
Maximum penalty—50 penalty units.
A lessor is not required to return a bank guarantee if it has expired or been cancelled.
The maximum return period does not run for any period during which the matter of the lessor’s entitlement to claim or realise the bank guarantee is the subject of proceedings pending in a court or the Tribunal.
A lessor who is unable to return an original bank guarantee is able to satisfy the requirement under this section or an order of the Tribunal to return the bank guarantee by providing any consent or release necessary to have the bank guarantee cancelled.
A lessor is liable to pay to the lessee compensation for—
(a) any loss or damage suffered by the lessee as a result of any failure by the lessor to return a bank guarantee in compliance with this section or an order of the Tribunal, and
(b) reasonable costs incurred by the lessee in connection with the cancellation of a bank guarantee because the lessor was unable to return the original bank guarantee in compliance with this section or an order of the Tribunal.
In this section,
This section applies where a lessor receives a security bond for a lease or a proposed lease on or after the commencement of this section.
The lessor must deposit with the Secretary an amount of money equivalent to the amount of the security bond not later than 20 business days (or, where some other period is prescribed for the purposes of this subsection, that other period) after—
(a) the date of receipt of the security bond, or
(b) the date on which the lease became, or the proposed lease becomes, binding on the parties,
whichever is the later.
If a lessor’s agent receives on behalf of the lessor a security bond for a lease or proposed lease, subsection (2) extends to require the agent to deposit with the Secretary an amount of money equivalent to the amount of that security bond and so extends as if a reference in that subsection to a lessor were a reference to the agent.
The Secretary may, without affecting the obligation imposed on a lessor or lessor’s agent under this section, refuse to accept any amount tendered for deposit under subsection (2) that is not accompanied by a notification in or to the effect of the approved form duly completed.
If a security bond that is (pursuant to section 82) exempt from the operation of subsection (2) subsequently ceases to be exempt, this section applies to the bond as if it had been received when it ceased to be exempt.
The Secretary, by instrument in writing, may, in any particular case or class of cases, extend the period prescribed by or under subsection (2).
Subsection (2) has effect despite the terms of a lease, any rule of law or the provisions of any other Act.
If a lessor under a lease or proposed lease to which this Act does not apply received a deposit or payment of money as a security bond and this Act subsequently becomes applicable to the lease (because of the operation of section 6A or for any other cause) this Part then applies to the security bond and the
The lessor, or the lessor’s agent, must deposit with the Secretary within 3 months after the relevant day an amount of money equivalent to the current balance of the amount deposited or paid.
The
(a) any amount that—
(i) has been deducted by way of fees or charges by an authorised deposit-taking institution, or
(ii) has been refunded or become refundable, or
(iii) has become the property of the lessor, or
(iv) has become subject to prescribed proceedings, or
(v) is payable to the lessee by way of interest earned,
before or during the period referred to in subsection (2), or
(b) any amount of a kind prescribed by the regulations.
The Secretary may, without affecting the obligation imposed on a lessor under subsection (2), refuse to accept any amount tendered for deposit under that subsection that is not accompanied by a notification in or to the effect of the approved form duly completed.
If a security bond that is (pursuant to section 82) exempt from the operation of subsection (2), subsequently ceases to be exempt, section 16C applies to the bond as if it had been received when it ceased to be exempt, and this section ceases to apply to the bond.
The Minister, by instrument in writing, may, generally or in any particular case or class of cases, extend the period prescribed by subsection (2).
Subsection (2) has effect despite the terms of a lease, any rule of law or the provisions of any other Act.
No one (other than the Secretary) is, in respect of any period after the date that an amount of money equivalent to the amount of a security bond is deposited with the Secretary, entitled to receive interest in respect of the bond.
(Repealed)
If, but for this Part, a lessor or lessee would have a claim against a security bond under the terms and conditions of a lease for an amount that cannot be recovered under any other provision of those terms and conditions—
(a) the lessor may recover from the lessee as a debt an amount equivalent to the amount of the claim that the lessor would have had against that security bond, and
(b) the lessee may recover from the lessor as a debt an amount equivalent to the amount of the claim that the lessee would have had against that security bond.
In this Division, a reference to an amount of money, in relation to a lease, is a reference to an amount of money equivalent to the amount of money, or part of the amount of money, as the case may require, held on deposit by the Secretary in respect of that lease.
An application to the Secretary to pay out an amount of money in respect of a lease may be made—
(a) jointly by the lessor and the lessee, or
(b) by the lessor alone, or
(c) by the lessee alone.
An application is to be in or to the effect of the approved form and may be made at any time.
An application by the lessor alone and an application by the lessee alone may, at the discretion of the Secretary, be treated as having been made jointly by the lessor and the lessee, if the applications are substantially the same.
If an application under section 16G—
(a) is made jointly by a lessor and a lessee under a lease, or
(b) is made by a lessor under a lease who, in that application, directs the Secretary to pay out an amount of money to the lessee, or
(c) is made by a lessee under a lease who, in that application, directs the Secretary to pay out an amount of money to the lessor,
the Secretary must pay out an amount of money as directed in that application.
If an application under section 16G is made by a lessor alone under a lease who, in that application, directs the Secretary to pay out an amount of money to the lessor, the Secretary must give notice in writing of the receipt of the application to the lessee.
If an application under section 16G is made by a lessee alone under a lease who, in that application, directs the Secretary to pay out an amount of money to the lessee, the Secretary must give notice in writing of the receipt of the application to the lessor.
If a lessee to whom notice has been given under subsection (2)—
(a) does not, within 14 days (or, where some other period is prescribed for the purposes of this subsection, that period) after service on the lessee of the notice or the date of posting of the notice, as the case may be, notify the Secretary in writing that the lessee has commenced prescribed proceedings in relation to an amount of money referred to in the notice, or
(b) does so notify the Secretary, but those proceedings are discontinued,
the Secretary must pay out that amount to the lessor.
If a lessor to whom notice has been given under subsection (3)—
(a) does not, within 14 days (or, where some other period is prescribed for the purposes of this subsection, that period) after service on the lessor of the notice or the date of posting of the notice, as the case may be, notify the Secretary in writing that the lessor has commenced prescribed proceedings in relation to an amount of money referred to in the notice, or
(b) does so notify the Secretary, but those proceedings are discontinued,
the Secretary must pay out that amount to the lessee.
(Repealed)
If conflicting applications are received, the Secretary may disregard the later or latest application received.
Without limiting subsection (7), the regulations may provide that the Secretary need not give notice under subsection (2) or (3) in such circumstances as may be prescribed.
The Secretary may in any particular case extend the period prescribed by or under subsection (4) or (5).
If a lessor or lessee under a lease has, within the period prescribed by or under section 16H (4) or (5), commenced prescribed proceedings in relation to the lease and judgment in the proceedings has been entered in or given by a court or a court or the Tribunal has made an order in those proceedings for the payment of money—
(a) the Secretary must—
(i) on being served with or obtaining a copy of that judgment or order, and
(ii) on being satisfied that the judgment or order has not been satisfied and no steps to enforce the judgment or order have been taken under any other Act,
pay out an amount of money held by the Secretary on deposit in respect of the lease, as if the Secretary were the person obliged to pay under the judgment or order, or
(b) where the Secretary is satisfied that—
(i) the judgment has been entered or given, or the order made, and
(ii) that judgment or order has been satisfied (other than as provided in paragraph (a)),
the Secretary must pay out that amount of money to the person obliged to pay under the judgment or order.
If mediation of a retail tenancy dispute about a security bond has been successful, the Secretary must pay out in conformity with the resulting agreement an amount of money held by the Secretary on deposit in respect of the lease concerned, and for that purpose the Secretary is entitled to require—
(a) a copy of a certificate issued under section 16N (3) setting out the terms of the resulting agreement, or
(b) a notice in writing, in a form approved by the Secretary, that is signed by the parties and sets out the terms of the resulting agreement.
For all purposes, money paid out by the Secretary under subsection (1) is taken to be money paid by the person against whom the judgment was obtained or the order was made.
This section applies where, in respect of a lease, the Secretary would, but for this section, be required to pay out an amount of money and that amount of money is in excess of the amount of money held on deposit by the Secretary in respect of the lease.
The Secretary—
(a) must refuse to pay out the money, and
(b) must treat applications for payment out of the money as having been withdrawn, and
(c) must inform the applicants accordingly.
This section has effect despite any other provision of this Part.
The Secretary may, after receiving notice of a judgment or order relating to a security bond, pay out money in respect of the judgment or order no earlier than the expiry of the period within which any right of appeal against the judgment or order must be exercised but must not pay money out if an appeal has been lodged.
If an appeal has been lodged, the Secretary must not pay out money in respect of the judgment or order unless satisfied that the appeal has been withdrawn or dismissed.
A payment of money by the Secretary in respect of a judgment or order does not prevent an appeal being lodged.
If prescribed proceedings have not been commenced in relation to an amount of money held by the Secretary within the period prescribed by or under section 16H (4) or (5)—
(a) a lessor or a lessee may, at any time before a payment is made in accordance with an application made by the lessor or lessee, withdraw the application, and
(b) for the purposes of this section, the application is thereupon taken never to have been made.
(Repealed)
If the Secretary is required to pay out an amount of money to a person under this Part, the Secretary may, instead of paying out the money to that person, pay out or apply the money in accordance with that person’s directions.
For the purposes of this Act, a court or the Tribunal is authorised to issue—
(a) a copy of any entry of a judgment or a copy of an order, in each case certified by the proper officer to be a true copy of the entry or order, and
(b) where proceedings have been discontinued, a certificate to that effect signed by the proper officer.
If a mediation of a retail tenancy dispute about a security bond is successful, the mediator or the Registrar may issue a certificate setting out the resulting agreement.
The certificate may be used for the purposes of section 16I.
No claim other than a claim provided in this Part lies against the Secretary in respect of security bonds deposited with the Secretary.
This Part applies notwithstanding the terms of any agreement, any rule of law or the provisions of any other Act.
A lessor, or the lessor’s agent, receiving money deposited or paid as a security bond must, at the time of receiving the money, give or cause to be given to the person making the deposit or payment a receipt for the money.
A receipt given under subsection (1) must contain the following particulars—
(a) the names of the lessor and lessee,
(b) a sufficient identification of the retail shop concerned,
(c) the amount of money received,
(d) the date the money was received,
(e) such other particulars as are prescribed for the purposes of this subsection.
A lessor, or the lessor’s agent, must keep or cause to be kept, in the manner (if any) and for such term (if any) as are prescribed, a copy of each receipt given under this section.
Clause 24 of Schedule 3 provides that, until regulations are made for the purposes of section 16O (3), regulations are taken to include a provision referred to in that clause.
(Repealed)
Any person who contravenes, whether by act or omission, any provision of this Part is guilty of an offence against this Act.
Any person who is guilty of an offence under this Part (other than under section 16BA (1) or 16WA (3)) is, on conviction, liable to a penalty not exceeding 20 penalty units.
This section does not apply to the Secretary or a person acting for or on behalf of the Secretary.
If a corporation contravenes any provision of this Part or regulations made for the purposes of this Part, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.
Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
This section does not apply to a person in the person’s capacity as a director of, or as a person concerned in the management of, a corporation constituted by or under an Act.
Despite anything in any Act, proceedings for an offence against this Part or regulations made for the purposes of this Part may be brought—
(a) in the case of an offence in relation to a security bond for a lease or a proposed lease—at any time before the expiration of the period of 3 years that next succeeds—
(i) the commission of the offence, or
(ii) the termination of the lease,
whichever is the later, or
(b) in any other case—at any time before the expiration of the period of 3 years that next succeeds the commission of the offence.
The following accounts are to be established in accordance with law—
(a) a Retail Leases Security Bonds Trust Account (referred to in this Division as the
Trust Account ),(b) a Retail Leases Security Bonds Interest Account (referred to in this Division as the
Interest Account ).
There is to be paid into the Trust Account all security bonds deposited with the Secretary in accordance with Division 2.
There is payable from the Trust Account—
(a) security bonds authorised to be paid out under section 16H or 16I, and
(b) any other payments authorised by or under this or any other Act to be made from that account.
There is to be paid into the Interest Account all interest received on investments of money in the Trust Account.
There is payable from the Interest Account—
(a) the costs of, or the expenses incurred in, the administration of this Act, and
(b) any other payments authorised by or under this or any other Act to be made from that account.
There is payable from the Interest Account such contributions as are agreed annually by the Minister and the Treasurer for payment to the Consolidated Fund.
Contributions referred to in subsection (3) are to be paid in the manner determined by the Treasurer.
(Repealed)
Any money received, invested or paid out by an agent of the Secretary for the purposes of this Part is taken to have been received, invested or paid out, as the case may be, by the Secretary.
Any money received by an agent of the Secretary for the purposes of this Part is taken to have been received by the Secretary on the day that it is received by the agent.
The Secretary may establish an
(a) to deposit a security bond with the Secretary,
(b) to make a claim for the payment of a security bond,
(c) to make a payment of an amount of a security bond,
(d) to give any notice or receipt authorised or required to be given under this Part,
(e) to do or facilitate the doing of any other thing authorised or required under this Part.
Use of the online retail bond service is subject to any terms and conditions imposed by the Secretary.
A lessor, lessor’s agent or any other person must not require a lessee or another person to use the online rental bond service.
Maximum penalty—50 penalty units.
For the purposes of, but without affecting the generality of, section 82, a class of security bond may be described by reference to a class of lease or a class of premises in respect of which security bonds are deposited or paid.
For the purposes of, but without affecting the generality of, subsection (1), a class of lease may be described by reference to periods of continuous occupancy of premises under leases or by reference to terms or conditions of leases.
For the purposes of this Part and regulations made in connection with security bonds, where the same lessee continuously occupies the same retail shop under a series of leases from the same lessor, those leases are taken to be one lease.
The annual report of the Department is to include a report of the security bond scheme under this Part.
Any notice, summons, writ or other proceeding relating to or connected with this Part to be served on the Secretary may be served—
(a) by being left at an office of the Department with a person apparently employed there, or
(b) in the case of a notice, by posting it addressed to the Secretary at an office of the Department, or
(c) in a manner authorised by the Secretary for electronic service.
A letter giving a notice in writing to a lessor or lessee by post under Division 3 is taken to be properly addressed if it is addressed to that lessor or lessee at his or her last known address according to the records of the Secretary.
This section does not affect the generality of section 81A.
Any charge, fee or money due to the Secretary in connection with this Part may be recovered as a debt or liquidated demand in a court of competent jurisdiction.
The regulations may make provision for or with respect to the scheme provided by this Part, including (without limiting the foregoing) the manner in which money is to be deposited with or paid by the Secretary.
Without affecting the generality of section 85, wherever a provision of this Part requires a form to be prescribed or a document to be in writing, the regulations may prescribe—
(a) a form to be used for that purpose, and
(b) where that form or document is required to be lodged with or served on or sent to any person—the manner of lodgment, service or sending, and
(c) particulars or information to be provided by a person completing that form or document.
(Repealed)
This section applies to a retail shop lease if—
(a) the liability of the lessee to pay rent under the lease commences on the lessee entering into possession of the retail shop (whether or not the lessee is required to enter into possession by a specified date), and
(b) the lessor has fitout obligations under the lease (that is, the lessor is required to provide any finishes, fixtures, fittings, equipment or services before the lessee enters into possession of the shop).
A retail shop lease to which this section applies is taken to provide that—
(a) the lessee is not liable to pay rent, or any other amount payable under the lease by the lessee (such as an amount payable in respect of outgoings), in respect of any period before the lessor has substantially complied with the lessor’s fitout obligations, and
(b) the lessor is not entitled to deny the lessee possession of the retail shop merely because the lessor has not complied with the lessor’s fitout obligations under the lease.
In this section—
Turnover rent (rent determined by reference to the lessee’s turnover) is not base rent because turnover rent is not a specified amount of money (it varies according to the lessee’s turnover).
A retail shop lease must not provide for a change to base rent less than 12 months after the lease is entered into and must not provide for a change to that rent less than 12 months after any previous change to that rent. This subsection does not apply to a change to base rent by a specified amount or specified percentage.
For example, subsection (2) prevents a lease providing for an increase to current market rent more than once in 12 months. It does not prevent a lease providing for the rent to increase by $100 every 6 months. Nor does it prevent a lease providing for the rent to be increased to current market rent after 12 months and then to be increased by 2% every 6 months after that.
A provision of a retail shop lease is void to the extent that it—
(a) reserves or has the effect of reserving to one party a discretion as to which of 2 or more methods of calculating a change to base rent is to apply on a particular occasion of a change to that rent, or
(b) provides for a method of calculating a change to the base rent but reserves or has the effect of reserving to one party a discretion as to whether or not the base rent is to be changed in accordance with that method on a particular occasion, or
(c) provides for base rent to change on a particular occasion in accordance with whichever of 2 or more methods of calculating the change would result in the higher or highest rent.
If a retail shop lease provides for a change to base rent in a way that has the potential to cause that rent to decrease (such as a provision for the rent to change to current market rent), a provision of the lease is void to the extent that it—
(a) prevents or enables the lessor or any other person to prevent base rent decreasing pursuant to the change, or
(b) limits or specifies, or allows the limitation or specification of, the amount by which the base rent is to decrease.
(Repealed)
For the purposes of any provision of a retail shop lease that relates to the determination of rent or a component of rent by reference to turnover,
(a) the amount of losses incurred in the resale or disposal of merchandise reasonably and properly purchased from customers as trade-ins in the usual course of business,
(b) the amount of deposits and instalments received on account of lay-bys, hire purchase or credit sales, and which are refunded to customers,
(c) the amount of a refund on a transaction when the proceeds of the transaction have been included as part of turnover,
(d) the amount of any service, finance or interest charges payable to any financier in connection with provision of credit to customers (other than commissions on credit or store cards),
(e) the price of merchandise exchanged between shops of the lessee if the exchange is made solely for the convenient operation of the business of the lessee and not for the purpose of concluding a sale made at or from the shop to which the lease relates,
(f) the price of merchandise returns to shippers, wholesalers or manufacturers,
(g) the proceeds of sale of the lessee’s fixtures and fittings after their use in the conduct of business at or from the retail shop to which the lease relates,
(h) the amount of discounts allowed to customers in the normal course of business,
(i) the amount of uncollected credit accounts that are written off,
(j) the amount paid or payable by the lessee as GST,
(k) the amount of delivery charges,
(l) the amount received from the sale of lottery tickets and similar tickets (other than commission on those sales),
(m) the amount of revenue from online transactions, other than online transactions where the goods or services concerned are delivered or provided from or at the retail shop (or the retail shopping centre of which the shop forms part) or where the transaction takes place while the customer is at the retail shop (whether or not the goods or services concerned are delivered from or at the retail shop).
The lease is taken to provide for any underpayment or overpayment of rent (resulting from actual turnover differing from projected or presumed turnover) to be adjusted within 1 month after the lessee requests the lessor in writing for such an adjustment and provides the lessor with such information as the lessor may reasonably require to make the adjustment.
The lessee may make a request for such an adjustment only once in the first 12 months of the lease term and thereafter only at intervals of not less than 12 months following the first request for an adjustment under the lease. This subsection does not prevent the lease providing for, or the parties otherwise agreeing to, more frequent adjustments than are provided for by this section.
For the purposes of this section, the concept of “turnover” includes gross takings, gross receipts, gross income and similar concepts.
Nothing in this Act prevents a retail shop lease from providing for the payment of a special rent (in addition to any other rent) to cover the cost of fitout, fixtures, fittings and equipment installed or provided by the lessor at the lessor’s expense.
(Repealed)
The lessee under a retail shop lease is not liable to pay any amount to the lessor in respect of any outgoings except in accordance with provisions of the lease that specify—
(a) the outgoings that are to be regarded as recoverable, and
(b) how the amount of those outgoings will be determined and how they will be apportioned to the lessee, and
(c) how those outgoings or any part of them may be recovered by the lessor from the lessee.
A lessee has no liability in respect of outgoings unless the liability was disclosed in the lessor’s disclosure statement. See section 12A.
In this Part, the expression
Costs associated with the advertising or promotion of a retail shop or retail shopping centre, or of any business carried on there, are not outgoings for the purposes of this section.
An agreement that was made between a lessor and a lessee before the date of commencement of this section (whether or not the agreement is contained in a lease), to the extent to which it provides for the payment by or recovery from the lessee of the amount of any GST payable in respect of the lease, is valid and is taken at all relevant times to have been validly made.
This section has effect despite any other provision of this Act.
A provision in a retail shop lease is void to the extent that it requires the lessee to pay any amount in respect of the capital costs of the building in which the retail shop is located or (in the case of a retail shop in a retail shopping centre) of any building in the retail shopping centre or any areas used in association with any such building.
A provision in a retail shop lease is void to the extent that it requires the lessee to pay any amount in respect of depreciation.
A provision in a retail shop lease is void to the extent that it requires the lessee to pay an amount in respect of interest or other charges incurred by the lessor in respect of amounts borrowed by the lessor.
A provision in a retail shop lease is void to the extent that it requires the lessee to pay an amount in respect of rent and other costs associated with unrelated land.
In this section—
(a) land on which the building or retail shopping centre of which the retail shop forms part is situated, or
(b) land of the lessor used by or for the benefit of the lessees conducting business in that building or retail shopping centre or in connection with trading in that building or retail shopping centre.
If a retail shop lease provides for the establishment of a sinking fund to fund provision for major items of repair or maintenance, the lease is taken to include provision to the following effect—
(a) Any amount paid by the lessee in respect of the lessor’s outgoings on account of those major items of repair or maintenance is to be paid into the sinking fund.
(b) So much of the balance standing to the credit of the sinking fund as remains unexpended from time to time for any purpose for which the sinking fund was established is to be held by the lessor in an account bearing interest.
(c) Amounts paid by the lessee for credit of the sinking fund, and the net interest earned by the lessor on the sinking fund, must not be applied by the lessor for any purpose other than payment of any outgoings for which the sinking fund was established.
(d) The lessor is liable to contribute to the sinking fund any deficiency attributable to a failure by the lessor or any predecessor in title of the lessor to comply with paragraph (c).
Note. The effect of paragraph (d) will be that a purchaser of the shop from the lessor will have to ensure that the sinking fund has been properly administered and maintained by the previous lessor because the incoming lessor will be liable for any shortfall.
(e) The major items of repair or maintenance for which contribution to the sinking fund may be required by the lessee are limited to repair or maintenance of a building, or plant and equipment of a building, in which the retail shop is situated or, in the case of a retail shopping centre, to the buildings, plant and equipment and areas used in association with the retail shopping centre in which the retail shop is situated.
(f) The lessee is not liable to contribute an amount to the sinking fund that is greater than the maximum amount permitted under the Act.
(g) The lessor must keep full and accurate accounts of all money received or held by the lessor in respect of the sinking fund.
(h) The lessor must give the lessee, not later than 3 months after the end of each accounting period of the lessor during the term of the lease, a sinking fund statement containing details of expenditure during the period from the fund on items for which the lessee is required to contribute. The lessor must also provide with the statement a report on the statement prepared by a registered company auditor (within the meaning of the Corporations Act 2001 of the Commonwealth).
(i) A sinking fund statement provided by a lessor to a lessee is to be prepared in accordance with the relevant principles and disclosure requirements of applicable accounting standards made by the Australian Accounting Standards Board, as in force from time to time.
This section applies to the lessor under a retail shop lease that provides for the establishment of a sinking fund to fund provision for major items of repair or maintenance.
The lessor must not establish more than one sinking fund at any one time in respect of retail shop leases for retail shops situated in the same building or retail shopping centre.
The lessor must not require or accept contributions to the sinking fund in respect of any retail shop situated in a retail shopping centre that total an amount that exceeds 5% of the total of the lessor’s estimated outgoings for the year concerned in respect of the retail shopping centre.
The lessor must not require or accept contributions by a lessee to the sinking fund if the amount outstanding to the credit of the sinking fund is more than $250,000.
Maximum penalty—50 penalty units.
This section applies to the lessor under a retail shop lease of a retail shop that provides for the establishment of a sinking fund to fund provision for major items of repair or maintenance.
If the building or retail shopping centre in which the retail shop is located is destroyed or demolished or, in the case of a retail shopping centre, the retail shopping centre ceases to operate, the lessor must repay to each lessee liable to contribute to the sinking fund the amount payable to the lessee.
The amount payable to the lessee is that proportion of the total amount outstanding to the credit of the sinking fund that is equal to the proportion that the lettable area of the lessee’s retail shop bears to the total lettable area of all the shops in respect of which contributions are required to be made to the fund.
In this section—
A provision of a retail shop lease which requires the lessee to pay money to the lessor in respect of outgoings attributable to land tax payable by the lessor is taken to include provision that the liability of the lessee is not to exceed the amount of that liability had the amount of land tax payable by the lessor been assessed on the basis that—
(a) the land concerned was the only land owned by the lessor, and
(b) the land concerned was not subject to a special trust (within the meaning of the Land Tax Management Act 1956), and
(c) the lessor was not a company classified under section 29 of that Act as a non-concessional company.
The
A retail shop lease is taken to include provision to the following effect—
(a) the lessor must give the lessee a written estimate of the outgoings to which the lessee contributes under the lease, itemising those outgoings under the item descriptions used in the list of outgoings in the form of lessor’s disclosure statement that is the prescribed form for the purposes of section 11,
(b) the estimate of outgoings must be given to the lessee in respect of each accounting period of the lessor during the term of the lease and must be given before the lease is entered into and thereafter during the term of the lease at least 1 month before the commencement of the accounting period concerned,
(c) if the shop is in a retail shopping centre, the estimate of outgoings is to include—
(i) a statement of management fees, broken down into the fees to be paid by the lessee towards the administration costs of running the centre and other fees paid to the management company, and
(ii) a statement of cleaning costs to be paid by the lessee, broken down into the costs of consumables and other costs, and
(iii) any other particulars prescribed by the regulations.
A retail shop lease is taken to include provision to the following effect—
(a) The lessor must give the lessee a written statement (an
outgoings statement ) that details all expenditure by the lessor in each accounting period of the lessor during the term of the lease on account of outgoings to which the lessee is required to contribute.(b) If the shop is in a retail shopping centre, the outgoings statement must include a statement of the current gross lettable area of the shopping centre and details of any material change in that gross lettable area during the period to which the outgoings statement relates.
(b1) If the shop is in a retail shopping centre, the outgoings statement is to include—
(i) a statement of total management fees paid in respect of the centre, broken down into the fees paid towards the administration costs of running the centre and other fees paid to the management company, and
(ii) a statement of total cleaning costs paid by the lessor, broken down into the costs of consumables and other costs, and
(iii) any other particulars prescribed by the regulations.
(c) The outgoings statement is to be prepared in accordance with relevant principles and disclosure requirements of applicable accounting standards made by the Australian Accounting Standards Board, as in force from time to time.
(d) The outgoings statement is to be given to the lessee within 3 months after the end of the accounting period to which it relates.
(e) The outgoings statement is to be accompanied by a report (an
auditor’s report ) on the statement prepared by a registered company auditor (within the meaning of the Corporations Act 2001 of the Commonwealth).(f) The auditor’s report is to include a statement by the auditor as to whether or not the outgoings statement correctly states the expenditure by the lessor during the accounting period concerned in respect of outgoings to which the lessee is required to contribute, and as to whether or not the total amount of estimated outgoings for that period (as shown in the estimate of outgoings given to the lessee) exceeded the total actual expenditure by the lessor in respect of those outgoings during that period.
(g) The outgoings statement may be a composite statement (that is, it may relate to more than one lessee) so long as each lessee to which it relates is able to ascertain from the statement the information required by paragraph (a) that is relevant to that lessee.
(h) The outgoings statement need not be accompanied by an auditor’s report if the statement does not relate to any outgoings other than land tax, water, sewerage and drainage rates and charges, local council rates and charges, insurance and strata levies, and it is accompanied by copies of assessments, invoices, receipts or other proof of payment in respect of all expenditure by the lessor as referred to in paragraph (a).
An auditor preparing a report under subsection (1) (e) or the lessor must ensure that the lessee is given a reasonable opportunity to make a written submission to the auditor on the accuracy of the lessor’s proposed outgoings statement. The auditor need not contact the lessee for the purposes of this subsection if the lessor advises the auditor that the lessor has informed the lessee of the lessee’s opportunity under this subsection.
The auditor must consider any written submissions made pursuant to subsection (2).
A lessee is entitled to withhold payment of contributions for outgoings if—
(a) the lessor has failed to give the lessee a written estimate of outgoings required under section 27 or an outgoings statement required under section 28, and
(b) the lessee has, at or after the expiry of the time when the estimate or statement was required to be given to the lessee, requested the lessor in writing to furnish the estimate or statement to the lessee, and
(c) the lessor’s failure has continued for 10 business days after the request was made.
The lessee must pay the withheld contributions within 28 days after the lessor furnishes the estimate or statement.
The lessor is not entitled to recover interest or late payment charges in respect of contributions withheld in accordance with this section.
The lessee is not in breach of the retail shop lease for acting in accordance with this section.
This section does not affect any other rights that the lessee has in connection with the lessor’s failure to provide the estimate or statement.
The amendments made to section 34A by the 2005 Amending Act do not apply to costs incurred before the commencement of those amendments.
This clause applies to a retail shop lease entered into before the commencement of section 44A as inserted by the 2005 Amending Act.
Section 44A applies to the lease on and from the expiry of the period of 6 months commencing on the date of commencement of that section.
An amendment made by the 2005 Amending Act to section 54 or 55 applies, in relation to a retail shop lease entered into—
(a) before the commencement of that amendment, or
(b) after that commencement but before the relevant day,
as on and from the relevant day, unless the lessor elects to act in conformity with that amendment.
The
Section 55 (3) as inserted by the 2005 Amending Act does not apply where the auditor received the advertising statement before the commencement of that subsection.
Section 55A as inserted by the 2005 Amending Act extends to and in respect of retail shop leases entered into before the commencement of that section, but does not apply in relation to a lessor’s failure referred to in section 55A (1) (a) that occurred before that commencement.
Division 2 of Part 7A of this Act extends to a retail shop lease that was entered into before the commencement of that Division, but does not apply to conduct that occurred before that commencement.
Section 71B as inserted by the 2005 Amending Act extends to a liability or obligation that arose, or conduct that occurred, before the commencement of that section.
The amendments made to section 76A by the 2005 Amending Act extend to unconscionable conduct occurring before the commencement of those amendments, but do not apply in relation to proceedings pending at that commencement.
The amendment made to section 77 by the 2005 Amending Act extends to unconscionable conduct occurring before the commencement of that amendment, but does not apply in relation to proceedings pending at that commencement.
In this Part—
An amendment made by the 2017 amending Act extends to a lease entered into, and a disclosure statement given, before the commencement of the amendment except as otherwise provided by this Schedule.
Section 12A does not apply to a lease entered into before the commencement of that section.
Section 11 (2A) extends to the termination of a lease that was entered into before the commencement of the subsection but does not apply to the termination of a lease that occurs before that commencement.
An amendment made to Schedule 2 or 2A by the 2017 amending Act does not apply to a disclosure statement given before the commencement of the amendment.
The amendment made by the 2017 amending Act that substitutes sections 15 and 16 does not apply to a lease entered into before the commencement of the amendment.
The amendment of section 16G by the 2017 amending Act does not apply to an application made before the commencement of the amendment.
The amendment of section 16H by the 2017 amending Act does not apply to an application made before the commencement of the amendment.
The amendment of section 16K by the 2017 amending Act extends to notice of a judgment or order received before the commencement of the amendment.
The repeal of section 16M does not affect an entitlement to interest under that section in respect of any period before that repeal and that section (and sections 16E (2) and 16V (5)) continue to apply despite their repeal to the payment of interest in respect of any period during which a security bond was held by the Secretary before that repeal.
Section 16BA does not apply to a bank guarantee given in respect of a lease entered into before the commencement of the section.
After the commencement of the amendments that provide for the appointment of specialist retail valuers by the Registrar instead of by the Tribunal, a specialist retail valuer appointed by the Tribunal is taken to have been appointed by the Registrar.
A determination of current market rent completed or pending under and for the purposes of provisions of a lease implied by section 19 (a
(a) the appointment of a specialist retail valuer for the purposes of a section 19 determination is taken to be an appointment for the purposes of a section 31 determination, and
(b) information supplied to a specialist retail valuer for the purposes of a section 19 determination is taken to have been supplied for the purposes of a section 31 determination, and
(c) a pending claim against a specialist retail valuer under section 19A (3) is taken to be a claim under section 31A (3).
A protection from liability conferred by section 32B (5) on a specialist retail valuer appointed by the Registrar extends to a specialist retail valuer appointed by the Tribunal before the commencement of that section.
Sections 6A (4), 16, 21A and 48 (3) as in force before their repeal or substitution by the 2017 amending Act continue to apply to a retail shop lease in force immediately before their repeal or substitution.
An election under section 6A (4) to have the benefit of section 16 cannot be made after the substitution of section 16 by the 2017 amending Act.
Sections 14 and 45 do not apply to the seeking or accepting of payment of expenses incurred in connection with obtaining the consent of a mortgagee before the commencement of the amendment made by the 2017 amending Act to the definition of
The amendment of section 20 by the 2017 amending Act does not apply in respect of a determination of rent or a component of rent made before the commencement of the amendment.
The amendment of section 39 by the 2017 amending Act does not apply in respect of the withholding of consent to an assignment of lease before the commencement of the amendment.
The amendment made to section 73 by the 2017 amending Act does not apply to a retail tenancy claim or unconscionable conduct claim in respect of a lease entered into before the commencement of the amendment.
Retail Leases Act 1994 No 46. Assented to 2.6.1994. Date of commencement, Part 8 excepted, 1.8.1994, sec 2 and GG No 99 of 29.7.1994, p 3952; date of commencement of Part 8, 25.11.1994, sec 2 and GG No 156 of 25.11.1994, p 6870. This Act has been amended as follows—
No 24 | Financial Institutions (Miscellaneous Amendments) Act 1996. Assented to 21.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. | |
No 139 | Strata Schemes Management (Miscellaneous Amendments) Act 1996. Assented to 16.12.1996. Date of commencement, 1.7.1997, sec 2 and GG No 68 of 27.6.1997, p 4770. Amended by Statute Law (Miscellaneous Provisions) Act 1997 No 55. Assented to 2.7.1997. Date of commencement of Sch 2.18, assent, sec 2 (2). | |
No 52 | Retail Leases Amendment Act 1997. Assented to 2.7.1997. Date of commencement, 17.10.1997, sec 2. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1997 No 147. Assented to 17.12.1997. Date of commencement of Sch 2.25, 17.10.1997, Sch 2.25. | |
No 161 | Fair Trading Tribunal Act 1998. Assented to 14.12.1998. The amendments made by Sch 4.10 were not commenced and were repealed by the Retail Leases Amendment Act 1998 No 169. | |
No 169 | Retail Leases Amendment Act 1998. Assented to 14.12.1998. Date of commencement of Sch 1, except Sch 1 [34] [49] (to the extent that it inserts sec 71A) [51] [52] [55] and [56] (to the extent that it inserts sec 77 (2)–(7)), 1.3.1999, sec 2 and GG No 25 of 26.2.1999, p 978; date of commencement of Sch 1 [34] [49] (to the extent that it inserts sec 71A) [51] [52] [55] and [56] (to the extent that it inserts sec 77 (2)–(7)), 12.10.2001, sec 2 and GG No 156 of 12.10.2001, p 8501. | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 1.43, assent, sec 2 (2). | |
No 44 | Intergovernmental Agreement Implementation (GST) Act 2000. Assented to 27.6.2000. Date of commencement of Sch 9, assent, sec 2 (1). | |
No 34 | Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001. Date of commencement of Sch 4.53, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 2.24, assent, sec 2 (2). | |
No 106 | Retail Leases Amendment Act 2002. Assented to 29.11.2002. Date of commencement, 10.1.2003, sec 2 and GG No 13 of 10.1.2003, p 100. | |
No 3 | Conveyancers Licensing Act 2003. Assented to 28.5.2003. Date of commencement of Sch 2.10, 15.12.2006, sec 2 (1) and GG No 175 of 8.12.2006, p 10388. | |
No 84 | Retail Leases Amendment Act 2004. Assented to 3.11.2004. Date of commencement of Sch 1 [1]–[5], [7]–[9] and [11], 1.7.2005, sec 2 and GG No 200 of 17.12.2004, p 9310; date of commencement of Sch 1 [6] and [10], 1.1.2005, sec 2 and GG No 200 of 17.12.2004, p 9310. | |
No 90 | Retail Leases Amendment Act 2005. Assented to 17.11.2005. Date of commencement, 1.1.2006, sec 2 and GG No 142 of 25.11.2005, p 9656. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 1.29 [1], 1.1.2006, Sch 1.29; date of commencement of Sch 1.29 [2] and [3], assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
(677) | Retail Leases Amendment Regulation 2010. LW 10.12.2010. Date of commencement, 1.1.2011, cl 2. | |
(733) | Retail Leases Further Amendment Regulation 2010. LW 17.12.2010. Date of commencement, 1.1.2011, cl 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 50 | Strata Schemes Management Act 2015. Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. | |
No 51 | Strata Schemes Development Act 2015. Assented to 5.11.2015. Date of commencement, 30.11.2016, sec 2 and 2016 (658) LW 4.11.2016. | |
No 2 | Retail Leases Amendment (Review) Act 2017. Assented to 1.3.2017. Date of commencement, 1.7.2017, sec 2 and 2017 (140) LW 13.4.2017. | |
No 12 | Transport Administration Amendment (Transport Entities) Act 2017. Assented to 11.4.2017. Date of commencement of Sch 1, 1.7.2017, sec 2 and 2017 (330) LW 30.6.2017. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 4.40, assent, Sch 4.40. | |
No 18 | Transport Administration Amendment (Sydney Metro) Act 2018. Assented to 23.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (275) LW 22.6.2018. | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 3, assent, sec 2(1). | |
No 5 | COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.25, assent, sec 2(1). | |
No 5 | COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022. Assented to 24.3.2022. Date of commencement of Sch 1.15, assent, sec 2(1). | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
(813) | Retail Leases Regulation 2022. LW 16.12.2022. Date of commencement, 1.1.2023, sec 2. | |
No 4 | Customer Service Legislation Amendment Act 2024. Assented to 19.2.2024. Date of commencement of Sch 5, assent, sec 2(b). | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 3, assent, sec 2(e). |
Part 1, note | Am 2005 No 90, Sch 1 [1]; 2017 No 2, Sch 1 [1]. |
Sec 3 | Am 1996 No 139, Sch 2.27 [1] (am 1997 No 55, Sch 2.18 [1] [2]); 1997 No 52, Sch 1 [1]–[3]; 1998 No 169, Sch 1 [1]–[6]; 2000 No 44, Sch 9 [1] [2]; 2003 No 3, Sch 2.10; 2004 No 84, Sch 1 [1]; 2005 No 90, Sch 1 [2]–[7]; 2013 No 95, Sch 2.131 [1]; 2015 No 50, Sch 4.21; 2015 No 51, Sch 9.18 [1]; 2017 No 2, Sch 1 [2]–[9]; 2020 No 30, Sch 3.37[1]; 2022 No 59, Sch 3.61; 2025 No 48, Sch 3.10. |
Secs 3A, 3B | Ins 2017 No 2, Sch 1 [10]. |
Sec 4 | Am 2002 No 53, Sch 2.24; 2006 No 58, Sch 1.29 [1]. |
Sec 5 | Am 1997 No 52, Sch 1 [4]; 2017 No 2, Sch 1 [11] [12]. |
Sec 6 | Am 1998 No 169, Sch 1 [7]; 2002 No 106, Sch 1 [1]; 2005 No 90, Sch 1 [8]; 2024 No 5, Sch 5[1]. |
Sec 6A | Ins 2005 No 90, Sch 1 [9]. Am 2017 No 2, Sch 1 [13] [14]. |
Sec 6B | Ins 2017 No 2, Sch 1 [15]. |
Part 2, heading | Subst 2017 No 2, Sch 1 [16]. |
Sec 9 | Am 2005 No 90, Sch 1 [10] [11]. |
Sec 10 | Am 1998 No 169, Sch 1 [8] [9]. |
Sec 11 | Am 1998 No 169, Sch 1 [10]–[15]; 2005 No 90, Sch 1 [12]–[15]; 2017 No 2, Sch 1 [17]–[20]. |
Sec 11A | Ins 1998 No 169, Sch 1 [16]. Am 2005 No 90, Sch 1 [16]–[18]; 2017 No 2, Sch 1 [21]–[23]. |
Sec 12 | Am 2017 No 2, Sch 1 [24] [25]. |
Sec 12A | Ins 2017 No 2, Sch 1 [26]. |
Sec 13 | Rep 2004 No 84, Sch 1 [2]. Ins 2005 No 90, Sch 1 [19]. Am 2017 No 2, Sch 1 [27]. |
Sec 13A | Ins 2005 No 90, Sch 1 [19]. |
Sec 14 | Am 2004 No 84, Sch 1 [3]–[5]; 2005 No 90, Sch 1 [20]. |
Sec 15 | Subst 2017 No 2, Sch 1 [28]. |
Sec 16 | Am 1998 No 169, Sch 1 [17]; 2005 No 90, Sch 1 [21]. Subst 2017 No 2, Sch 1 [28]. |
Part 2A | Ins 2005 No 90, Sch 1 [22]. |
Part 2A, Div 1 | Ins 2005 No 90, Sch 1 [22]. |
Sec 16A | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [30]. |
Sec 16B | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [31]. |
Sec 16BA | Ins 2017 No 2, Sch 1 [32]. |
Part 2A, Div 2, heading | Ins 2005 No 90, Sch 1 [22]. Subst 2017 No 2, Sch 1 [33]. |
Part 2A, Div 2 | Ins 2005 No 90, Sch 1 [22]. |
Sec 16C | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [34]. |
Sec 16D | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [35]. |
Sec 16E | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [36]. |
Part 2A, Div 3 | Ins 2005 No 90, Sch 1 [22]. |
Sec 16F | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29]. |
Sec 16G | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [37]. |
Sec 16H | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [38]. |
Sec 16I | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [39]. |
Sec 16J | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29]. |
Sec 16K | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [40]. |
Sec 16L | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29]. |
Sec 16M | Ins 2005 No 90, Sch 1 [22]. Rep 2017 No 2, Sch 1 [41]. |
Sec 16N | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29]. |
Part 2A, Div 4 | Ins 2005 No 90, Sch 1 [22]. |
Sec 16O | Ins 2005 No 90, Sch 1 [22]. |
Sec 16P | Ins 2005 No 90, Sch 1 [22]. Rep 2017 No 2, Sch 1 [42]. |
Sec 16Q | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [43]. |
Secs 16R, 16S | Ins 2005 No 90, Sch 1 [22]. |
Part 2A, Div 5 | Ins 2005 No 90, Sch 1 [22]. |
Sec 16T | Ins 2005 No 90, Sch 1 [22]. |
Sec 16U | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29]. |
Sec 16V | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [44]. |
Sec 16W | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29]. |
Part 2A, Div 6 | Ins 2005 No 90, Sch 1 [22]. |
Sec 16WA | Ins 2017 No 2, Sch 1 [45]. |
Secs 16X, 16Y | Ins 2005 No 90, Sch 1 [22]. |
Sec 16Z | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [46]; 2020 No 30, Sch 3.37[2]. |
Sec 16ZA | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [47]; 2020 No 30, Sch 3.37[2] [3]. |
Sec 16ZB | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29]. |
Sec 16ZC | Ins 2005 No 90, Sch 1 [22]. Am 2017 No 2, Sch 1 [29] [48]. |
Sec 18 | Am 1998 No 169, Sch 1 [18]. |
Sec 19 | Subst 1998 No 169, Sch 1 [19]. Am 2005 No 90, Sch 1 [23]–[28]. Rep 2017 No 2, Sch 1 [49]. |
Sec 19A | Ins 1998 No 169, Sch 1 [20]. Rep 2017 No 2, Sch 1 [49]. |
Sec 20 | Am 2000 No 44, Sch 9 [3]; 2017 No 2, Sch 1 [50]. |
Sec 21A | Ins 2005 No 90, Sch 1 [29]. Rep 2017 No 2, Sch 1 [51]. |
Sec 22 | Am 2017 No 2, Sch 1 [52]. |
Sec 22A | Ins 2000 No 44, Sch 9 [4]. Subst 2002 No 106, Sch 1 [2]. |
Secs 24A, 24B | Ins 1998 No 169, Sch 1 [21]. |
Sec 25 | Am 1998 No 169, Sch 1 [22]; 2001 No 34, Sch 4.53. |
Sec 25A | Ins 1998 No 169, Sch 1 [23]. Am 2001 No 112, Sch 3.15. |
Sec 25B | Ins 1998 No 169, Sch 1 [23]. |
Sec 26 | Am 1996 No 139, Sch 2.27 [2] (am 1997 No 55, Sch 2.18 [1] [2]); 2015 No 51, Sch 9.18 [2]. |
Sec 27 | Am 1998 No 169, Sch 1 [24]; 2004 No 84, Sch 1 [6]. Subst 2005 No 90, Sch 1 [30]. Am 2017 No 2, Sch 1 [53]. |
Sec 28 | Subst 1997 No 52, Sch 1 [5]. Am 2001 No 34, Sch 4.53; 2005 No 90, Sch 1 [31]–[33]. |
Sec 28A | Ins 2005 No 90, Sch 1 [34]. |
Sec 29 | Am 1997 No 52, Sch 1 [6]. |
Sec 30 | Am 2002 No 106, Sch 1 [3]. |
Sec 31 | Subst 1998 No 169, Sch 1 [25]. Am 2005 No 90, Sch 1 [35]–[40]; 2017 No 2, Sch 1 [54] [55]. |
Sec 31A | Ins 1998 No 169, Sch 1 [26]. |
Sec 32 | Am 2005 No 90, Sch 1 [41] [42]. |
Sec 32A | Ins 2005 No 90, Sch 1 [43]. Am 2013 No 95, Sch 2.131 [2]; 2017 No 2, Sch 1 [56]–[58]. |
Sec 32B | Am 2017 No 2, Sch 1 [59]. |
Sec 34 | Am 2005 No 90, Sch 1 [44]. |
Sec 34A | Ins 1998 No 169, Sch 1 [27]. Am 2005 No 90, Sch 1 [45] [46]. |
Sec 35 | Am 1998 No 169, Sch 1 [28]; 2017 No 2, Sch 1 [61]–[66]. |
Sec 37 | Am 2017 No 2, Sch 1 [67]. |
Sec 39 | Am 2002 No 106, Sch 1 [4]; 2017 No 2, Sch 1 [68]. |
Sec 40 | Am 2005 No 90, Sch 1 [47]. |
Sec 41 | Am 1998 No 169, Sch 1 [29] [30]; 2005 No 90, Sch 1 [48]–[50]. Subst 2017 No 2, Sch 1 [69]. |
Sec 41A | Ins 1998 No 169, Sch 1 [31]. Am 2005 No 90, Sch 1 [51]. Subst 2017 No 2, Sch 1 [69]. |
Sec 44A | Ins 2005 No 90, Sch 1 [52]. |
Sec 45 | Am 2004 No 84, Sch 1 [7]–[9]; 2005 No 90, Sch 1 [53]. |
Sec 47 | Am 1996 No 24, Sch 1.90. Rep 2005 No 90, Sch 1 [54]. Ins 2017 No 2, Sch 1 [70]. |
Sec 48 | Am 1998 No 169, Sch 1 [32]; 2017 No 2, Sch 1 [71]. |
Sec 54 | Am 2005 No 90, Sch 1 [55] [56]. |
Sec 55 | Subst 1997 No 52, Sch 1 [7]. Am 2001 No 34, Sch 4.53; 2005 No 90, Sch 1 [57] [58]. |
Sec 55A | Ins 2005 No 90, Sch 1 [59]. |
Sec 57 | Am 1997 No 52, Sch 1 [8]–[11]. Rep 1998 No 169, Sch 1 [33]. |
Sec 62 | Am 1996 No 139, Sch 2.27 [3] (am 1997 No 55, Sch 2.18 [1] [2]); 2015 No 51, Sch 9.18 [3]. |
Part 7A, heading | Ins 1998 No 169, Sch 1 [34]. Subst 2005 No 90, Sch 1 [60]. |
Part 7A | Ins 1998 No 169, Sch 1 [34]. |
Part 7A, Div 1, heading | Ins 2005 No 90, Sch 1 [60]. |
Sec 62A | Ins 1998 No 169, Sch 1 [34]. Am 2005 No 90, Sch 1 [61] [62]. |
Sec 62B | Ins 1998 No 169, Sch 1 [34]. Am 2005 No 90, Sch 1 [63]. |
Part 7A, Div 2 (secs 62C–62E) | Ins 2005 No 90, Sch 1 [64]. |
Sec 63 | Am 1998 No 169, Sch 1 [35] [36]; 1999 No 31, Sch 1.43 [1]; 2005 No 90, Sch 1 [65] [66]; 2006 No 58, Sch 1.29 [2]; 2017 No 2, Sch 1 [72]. |
Sec 65 | Am 1998 No 169, Sch 1 [37]–[40]; 2002 No 106, Sch 1 [5]; 2017 No 2, Sch 1 [73]. |
Sec 66 | Am 1997 No 52, Sch 1 [12]; 1998 No 169, Sch 1 [41]–[43]; 1999 No 31, Sch 1.43 [2]. |
Sec 67 | Subst 2002 No 106, Sch 1 [6]. |
Sec 68 | Am 1998 No 169, Sch 1 [44] [45]. |
Sec 69 | Am 1998 No 169, Sch 1 [46]. |
Part 8, Div 3, heading | Subst 1998 No 169, Sch 1 [47]. Am 2013 No 95, Sch 2.131 [3]. |
Sec 70 | Subst 1998 No 169, Sch 1 [48]. Am 1999 No 31, Sch 1.43 [3]; 2005 No 90, Sch 1 [67]–[69]; 2017 No 2, Sch 1 [74] [75]. |
Sec 71 | Subst 1998 No 169, Sch 1 [49]. Am 1999 No 31, Sch 1.43 [4]; 2013 No 95, Sch 2.131 [4]. |
Sec 71A | Ins 1998 No 169, Sch 1 [49]. Am 2005 No 90, Sch 1 [70]. |
Sec 71B | Ins 2005 No 90, Sch 1 [71]. |
Sec 72 | Subst 1998 No 169, Sch 1 [50]. Am 2005 No 90, Sch 1 [72]; 2017 No 2, Sch 1 [76]. |
Sec 72AA | Ins 1998 No 169, Sch 1 [51]. |
Sec 72AB | Ins 2005 No 90, Sch 1 [73]. Subst 2017 No 2, Sch 1 [77]. |
Sec 72A | Ins 1997 No 52, Sch 1 [13]. Am 1998 No 169, Sch 1 [52]. |
Sec 73 | Am 1998 No 169, Sch 1 [52] [53]; 2005 No 90, Sch 1 [74]–[76]; 2017 No 2, Sch 1 [78]. |
Sec 74 | Am 1998 No 169, Sch 1 [45] [52] [54]. Rep 2013 No 95, Sch 2.131 [5]. |
Sec 75 | Am 2013 No 95, Sch 2.131 [6]. |
Sec 76 | Am 1998 No 169, Sch 1 [52]; 2013 No 95, Sch 2.131 [7]. |
Sec 76A | Ins 1998 No 169, Sch 1 [55]. Am 2005 No 90, Sch 1 [77]–[79]; 2013 No 95, Sch 2.131 [8]. |
Sec 77 | Subst 1998 No 169, Sch 1 [56]. Am 2005 No 90, Sch 1 [80] [81]. Rep 2013 No 95, Sch 2.131 [9]. |
Sec 77A | Ins 1998 No 169, Sch 1 [56]. Rep 2013 No 95, Sch 2.131 [10]. |
Sec 77B | Ins 1998 No 169, Sch 1 [56]. Rep 2013 No 95, Sch 2.131 [11]. |
Sec 77C | Ins 1998 No 169, Sch 1 [56]. Rep 2013 No 95, Sch 2.131 [12]. |
Sec 78A | Ins 1997 No 52, Sch 1 [14]. |
Part 9A, heading | Am 2024 No 5, Sch 5[2]. |
Part 9A | Ins 2002 No 106, Sch 1 [7]. |
Sec 80A | Ins 2002 No 106, Sch 1 [7]. Am 2024 No 5, Sch 5[3]–[7]. |
Sec 80BA | Ins 2024 No 5, Sch 5[8]. |
Sec 80B | Ins 2002 No 106, Sch 1 [7]. Am 2005 No 90, Sch 1 [82]; 2024 No 5, Sch 5[9]. |
Sec 80C | Ins 2002 No 106, Sch 1 [7]. Am 2024 No 5, Sch 5[9]. |
Sec 80D, heading | Ins 2002 No 106, Sch 1 [7]. Am 2005 No 90, Sch 1 [83]. |
Sec 80D | Ins 2002 No 106, Sch 1 [7]. Am 2024 No 5, Sch 5[9]. |
Secs 80E, 80F | Ins 2002 No 106, Sch 1 [7]. |
Sec 81A | Ins 2005 No 90, Sch 1 [84]. |
Sec 82 | Am 2005 No 90, Sch 1 [85] [86]. |
Sec 82A | Ins 2005 No 90, Sch 1 [87]. Am 2017 No 12, Sch 1.16; 2018 No 18, Sch 2.14. |
Sec 82B | Ins 2005 No 90, Sch 1 [87]. Am 2017 No 2, Sch 1 [29] [79]; 2020 No 30, Sch 3.37[2]. |
Sec 83A | Ins 2017 No 2, Sch 1 [80]. Am 2020 No 30, Sch 3.37[2]. |
Sec 84 | Am 2007 No 94, Sch 4. |
Sec 84A | Ins 1997 No 52, Sch 1 [15]. |
Secs 84B, 84C | Ins 2005 No 90, Sch 1 [88]. |
Sec 85 | Am 2005 No 90, Sch 1 [89]; 2017 No 2, Sch 1 [81] [82]. |
Sec 86 | Am 1998 No 169, Sch 1 [57]. |
Part 11 | Ins 2020 No 1, Sch 2.18. |
Sec 87 | Ins 2020 No 1, Sch 2.18. |
Sec 88 | Ins 2021 No 5, Sch 1.25. Am 2022 No 5, Sch 1.15[1]. |
Sec 89 | Ins 2022 No 5, Sch 1.15[2]. |
Sch 1 | Subst 2005 No 90, Sch 1 [90]. Rep 2022 (813), Sch 2. |
Sch 1A | Ins 2017 No 2, Sch 1 [83]. |
Sch 2 | Am 1997 No 52, Sch 1 [16]. Subst 1998 No 169, Sch 1 [58]; 2005 No 90, Sch 1 [91]. Am 2006 No 58, Sch 1.29 [3]; 2010 (677), Sch 1; 2010 (733), cl 3 (1)–(3); 2017 No 2, Sch 1 [84]–[87]; 2017 No 63, Sch 4.40. |
Sch 2A | Ins 1998 No 169, Sch 1 [59]. Subst 2005 No 90, Sch 1 [91]; 2017 No 2, Sch 1 [88]. |
Sch 3 | Ins 1997 No 52, Sch 1 [17]. Am 1998 No 169, Sch 1 [60] [61]; 1999 No 31, Sch 1.43 [5]; 2002 No 106, Sch 1 [8] [9]; 2004 No 84, Sch 1 [10] [11]; 2005 No 90, Sch 1 [92] [93]; 2017 No 2, Sch 1 [89]–[91]. |
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