Retail Leases Amendment Regulations 2022 (Vic)

Retail Leases Amendment Regulations 2022

S.R. No. 99/2022

table of provisions

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Schedule 1—Landlord's disclosure statement—Retail premises not located in retail shopping centres

6Schedule 2—Landlord's disclosure statement—Retail premises located in retail shopping centres

7Schedule 3—Landlord's disclosure statement on renewal of lease

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Endnotes

statutory rules 2022

S.R. No. 99/2022

Retail Leases Act 2003

Retail Leases Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 27 September 2022

Responsible Minister:

JAALA PULFORD
Minister for Small Business

SAMUAL WALLACE

Clerk of the Executive Council

1Objectives

The main objectives of these Regulations are to amend the Retail Leases Regulations 2013—

(a)to provide for matters consequential to the commencement of the Retail Leases Amendment Act 2020; and

(b)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 99 of the Retail Leases Act 2003.

3Commencement

These Regulations come into operation on 1 December 2022.

4Principal Regulations

In these Regulations, the Retail Leases Regulations 2013[1] are called the Principal Regulations.

5Schedule 1—Landlord's disclosure statement—Retail premises not located in retail shopping centres

(1)In Schedule 1 to the Principal Regulations, for all words and expressions beginning "This statement is to be completed" and ending "signing of a new lease." substitute—

"This statement is to be completed by the Landlord and must be provided to the Tenant with a copy of the proposed lease at least 14 days before the signing of a new lease. If this statement and the proposed lease are provided to the Tenant less than 14 days before a new lease is entered into, the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the Tenant.".

(2)At the end of item 13.2 of Schedule 1 to the Principal Regulations insert—

"(Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.)".

(3)At the end of item 13.7 of Schedule 1 to the Principal Regulations insert—

"(Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.)".

6Schedule 2—Landlord's disclosure statement—Retail premises located in retail shopping centres

(1)In Schedule 2 to the Principal Regulations, for all words and expressions beginning "This statement is to be completed" and ending "Office of the Small Business Commissioner." substitute—

"This statement is to be completed by the Landlord and must be provided to the Tenant with a copy of the proposed lease at least 14 days before the signing of a new lease. If this statement and the proposed lease are provided to the Tenant less than 14 days before a new lease is entered into, the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the Tenant.".

(2)At the end of item 14.2 of Schedule 2 to the Principal Regulations insert—

"(Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.)".

(3)At the end of item 14.10 of Schedule 2 to the Principal Regulations insert—

"(Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.)".

7Schedule 3—Landlord's disclosure statement on renewal of lease

(1)After item 1.1 of Schedule 3 to the Principal Regulations insert—

"1.2Details of any changes from previous disclosure statement.".

(2)After item 2.1 of Schedule 3 to the Principal Regulations insert—

"2.2   Details of any changes from previous disclosure statement.".

(3)After item 3.2 of Schedule 3 to the Principal Regulations insert—

"3.3Details of any changes from previous disclosure statement.".

(4)After item 4.1 of Schedule 3 to the Principal Regulations insert—

"4.2   Details of any changes from previous disclosure statement.".

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Endnotes

[1] Reg. 4: S.R. No. 41/2013.