Retail Shop Leases Act Amendment Act 1985 (Qld)

380 (ueen5 1zIr b ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 33 of 1985 An Act to amend the RetailShop Leases Act 1984 in certain particulars [ASSENTED TO 17TH APRIL, 1985]

Retail Shop Leases Act Amendment Act 1985, No. 33 381 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Retail Shop Leases Act Amendment Act 1985. (2) In this Act the Retail Shop Leases Act1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Retail Shop Leases Act 1984-1985. 2. Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended by- (a) in the definition "retail shop" inserting after the words "Second Schedule to this Act" the following words:- The term does not include premises situated within an enterprise exempted from compliance with the provisions of this Act by the Governor in Council by Order in Council pursuant to Section 5A of this Act"; (b) in the definition "retail shopping centre" omitting the words "multi-level building except in relation to each floor" and substituting the words "building with more than one storey except in relation to each storey". 3. Amendment of s. 5 . Application of Act. Section 5 of the Principal Act is amended by inserting after subsection (4) the following subsection:- "(5) For the purposes of this Act a retail shop lease shall be deemed to be entered into on the date on which- (a) the tenant enters into possession of the premises demised and commences payment of rent; or (b) the agreement for lease or the instrument of lease is signed by the party whose signature completes execution by all parties to the agreement for lease or instrument of lease as the case may be, whichever first occurs.". 4. New s. 5A. The Principal Act is amended by inserting after section 5 the following section:- `°5A Exemption from Act. (1) The owner of an enterprise the principal activity of which is an activity other than the retailing of goods or the provision of shopping facilities to the public may apply to the Minister in the prescribed form for the exemption of that enterprise from the provisions of this Act.

382 Retail Shop Leases Act Amendment Act 1985, No. 33 (2) The Minister shall on receipt of the application make or cause to be made such enquiries and investigations as he considers necessary to satisfy himself that- (i) the enterprise is one the principal activity of which is an activity other than the retailing of goods or the provision of shopping facilities to the public; and (ii) the provisions of the lease entered into or to be entered into between the owner of the enterprise and the tenants of premises situated within the enterprise are appropriate in the circumstances. (3) Upon the Minister being so satisfied he shall submit the matter to the Governor in Council for consideration and the Governor in Council may exempt or refuse to exempt the enterprise from the provisions of this Act as he thinks fit. (4) An exemption of an enterprise from the provisions of this Act shall be by Order in Council. (5) The registrar shall keep in the registry a register in the prescribed form of enterprises granted exemption from the provisions of this Act by Order in Council which register may be inspected by members of the public on payment of the prescribed fee.". 5. Amendment of s. 6 . Determination of rent as a fraction of turnover. Section 6 of the Principal Act is amended by omitting the words "is to be calculated" and substituting the words "is or may be calculated"' 6. Amendment of s. 7. N o entitlement to turnover figures in certain cases. Section 7 of the Principal Act is amended by omitting the words "is to be determined" and substituting the words "is or may be determined". 7. Amendment of s. 8 . Certain payments to landlord prohibited. Section 8 of the Principal Act is amended by- (a) inserting after subsection (2) (b) the following provisions:- "(ba) from receiving payment of rent in advance if the sum paid in advance does not exceed the amount of rent payable in respect of one rental period under the lease; (bb) from securing by means of a bond from the tenant the tenant's obligations under the lease;"; (b) in subsection (2) (c) (i) omitting the words "over which he holds the freehold title". 8. Amendment of s. 10 . Rent review . Section 10 of the Principal Act is amended in subsection (2) by inserting after the words "shall be deemed" the words "(in the absence in the lease of a provision for determination of the market rent by a named person or a person appointed by a named organization)".

Retail Shop Leases Act Amendment Act 1985, No. 33 383 9. Amendment of s. 12 . Sharing of operating expenses . Section 12 of the Principal Act is amended in provision (b) by inserting after the word "relates" the words "except where the tenant enters into a retail shop lease during the period to which the estimate relates or within one month prior to the commencement of this period in which case the landlord shall furnish to the tenant a copy of the annual estimates when he enters into the retail shop lease". 10. Amendment of s. 13 . Option to renew lease. Section 13 of the Principal Act is amended in subsection (1) by- (a) in provision (a) inserting after the words "retail shop lease" the words "(other than a periodic tenancy or a tenancy at will)"; (b) in provision (d) inserting after the words "part of the tenant" the words "and no default occurs during the balance of the existing tenancy other than a default that is waived by the landlord or in respect of which the tenant is granted relief by the Court pursuant to section 124 of the Property Law Act 1974-1982", (c) in provision (f) omitting all the words from and including the words "where the initial lease" to and including the words "retail shop" and substituting the words "the rent payable during the renewed term shall be determined in the first instance and reviewed biennially thereafter having regard to the market rent of the premises calculated in the manner set out in section 10 (2)". 11. Amendment of s. 15 . Implied provisions concerning compensation. Section 15 of the Principal Act is amended by- (a) in the first paragraph inserting after the words "retail shop lease" the words "(other than a periodic tenancy or tenancy at will)"; (b) in provision (a) (iii) inserting after the word "action" the words "(other than action lawfully required by any statutory body or department of the Government)". 12. Amendment of s. 21. Registry of Panel . Section 21 of the Principal Act is amended by- (a) numbering the existing section as subsection (1) and therein inserting after the words "the Panel" the words "together with a Reference of Disputes Register containing the prescribed particulars and in the prescribed form": (b) inserting after subsection (1) as numbered the following subsection:- "(2) The Reference of Disputes Register may be inspected by members of the public on payment of the prescribed fee.". 13. Amendment of s. 27. Disputes referred to Tribunal in certain circumstances . Section 27 of the Principal Act is amended in subsection (1) (d) by omitting the words "90 days" and substituting the words "120 days".

384 Retail ShopLeases Act .- intendment Act 1985, N o. 33 14. Amendment of s. 32. Functions of a Tribunal . Section 32 of the Principal Act is amended in subsection (I) by inserting after provision (b) the following provision:- "(ba) to keep a written record of the proceedings of the Tribunal and a record of the documents produced in respect of each dispute referred to it:". 15. Amendment of s. 35 . Registry of Tribunals . Section 35 of the Principal Act is amended by- (a) in subsection (2) inserting after the word "determination " the words "together with a Tribunals Orders Register containing the prescribed particulars and in the prescribed form": (b) inserting after subsection (2) the following subsection:- "(3) The Tribunals Orders Register and the records of the Tribunal in respect of a particular dispute referred to it may each be inspected by members of the public on payment of the fees respectively prescribed.". 16. Amendment of s. 55. Exclusion of other jurisdictions . Section 55 of the Principal Act is amended by inserting after subsection (2) the following subsection:- "(3) For the purposes of this Act a proceeding shall be taken to have been commenced before a court if the landlord has- (a) served on the tenant a Notice to Remedy Breach of Covenant pursuant to section 124 of the PropertyLaw Act 1974-1-982; or (b) given to the tenant a Notice to Tenant pursuant to section 131 of the Property Law Act 1974-1982.". 17. New s. 62. The Principal Act is amended by inserting after section 61 the following section:- -62. Orders in Council . Section 28A of the ActsInterpretationAct 1954-1977 shall apply with respect to Orders in Council made for the purposes of this Act. and for the purposes of such application , that section shall be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act.'.