Retail Shop Leases Act Amendment Act 1989 (Qld)

1967 RETAIL SHOP LEASES ACT AMENDMENT ACT No. 117 of 1989 ANALYSIS OF CONTENTS 1. Short title 2. Citation 3. Amendment of s. 4. Interpretation 4. Amendment of s. 5. Application of Act 5. New s. 5A Act's limited application to business of service station 6. Amendment of s. 8. Certain payments to landlord prohibited 7. Amendment of s. 10. Rent review 8. Amendment of s. 10A. Provisions concerning determination by specialist retail valuer 9. Amendment of s. 10B. Designation of specialist retail valuers 10. Amendment of s. 11. Requests for assignment of lease 11. News. 11 A Tenant's right to mortgage etc. 12. Repeal of and new s. 12 Sharing of expenses 13. Amendment of s. 13. Option to renew lease 14. Repeal of and new s. 14A Trading hours pursuant to retail shop leases 15. Repeal of and new s. 15 Implied provisions for compensation 16. Repeal of and new s. 15A Documents and information to be given to tenant 17. Repeal of and new s. 23 Role of mediator 18. Amendment of s. 24. References to mediator 19. Amendment of s. 27. Disputes referred to Tribunal in certain circumstances 20. Amendment of s. 36. Extent of jurisdiction 21. Repeal of and new s. 38 Powers of Tribunal as Commission of Inquiry 22. Amendment of s. 55. Exclusion of other jurisdictions 23. Amendment of First Schedule. Specified Businesses

1968 t^ l^i.^'.'•iyN T^°' ANNO TRICESIMO OCTAVO LIZA ETA.E SECU ND AE REGINA An Act to amend the Retail Shop LeasesAct 1984- 1988 in certain particulars [ASSENTED TO 31ST OCTOBER, 1989]

Retail Shop Leases Act Amendment Act 1989, No. 117 1969 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 . This Act may be cited as the Retail Shop Leases Act Amendment Act 1989. 2. Citation . (1) In this Act the Retail Shop Leases Act 1984-1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Retail Shop Leases Act 1984-1989. 3. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended in subsection (1)- (a) by omitting the definition "adequate particulars" and substituting the following definition:- ",'adequate particulars" means in relation to any matter- (a) where the parties to a retail shop lease have agreed as to what particulars are adequate, those particulars; (b) where the parties to a retail shop lease have not so agreed, particulars relevant to that matter of a nature and sufficiency such that a sound commercial decision in respect of that matter can be made thereon;"; (b) by adding at the end of the definition "landlord" the words, "whether that person holds a freehold estate in or a less tenancy of those premises" ; (c) by inserting after the definition "retail shopping centre" the following definition:- "service station" means- (a) the business of selling, by retail, petroleum products as motor fuel; or (b) the business of servicing or repairing motor vehicles or motor vessels in conjunction with the business of selling, by retail, petroleum products as motor fuel;". 4. Amendment of s. 5. Application of Act. Section 5 of the Principal Act is amended- (a) by inserting after subsection (3) the following subsection:- "(3A) Except where it is expressly provided to the contrary in relation to an amendment of this Act, any amendment of this Act made by the Retail Shop Leases Act Amendment Act 1989, or before or after that Act, that purports to affect rights or obligations of a landlord or tenant under a retail shop lease shall be construed so as not to affect rights or obligations of a landlord

1970 Retail Shop Leases Act Amendment Act 1989, No. 117 or tenant provided for or deemed to be provided for by a retail shop lease entered into before the enactment of the amendment. For the purposes of this subsection an amendment that merely prescribes the manner in which any act or thing is to be done shall be deemed not to purport to affect rights or obligations of a landlord or tenant.' ; (b) by omitting subsection (5) and substituting the following subsection:- "(5) For the purposes of this Act, a retail shop lease is entered into- (a) on the date on which the agreement for lease, or instrument of lease becomes binding on the landlord and tenant thereunder; or (b) on the date on which the tenant thereunder enters into the demised premises as tenant, whichever date is earlier.". 5. New s. 5A. The Principal Act is amended by inserting after section 5 the following section:- "5A. Act's limited application to business of service station. (1) This Act applies to a retail shop lease that authorizes the carrying on of the business of a service station in premises, or to a dispute under such a lease, only to the extent that the matter or dispute in question arises out of or pertains to rights or obligations of the landlord and tenant other than rights or obligations that concern the manner in which business is to be conducted in or about the premises by the tenant as proprietor of a service station. (2) This Act does not apply to a retail shop lease that authorizes the carrying on of the business of a service station in premises, or to a dispute under such a lease, in any case where the application of this Act would be inconsistent with the proper application in that case of the Petroleum Retail MarketingFranchise Act 1980 of the Commonwealth, or that Act as amended and in force for the time being or of any law of the Commonwealth passed in substitution therefor." 6. Amendment of s. 8 . Certain payments to landlord prohibited. Section 8 of the Principal Act is amended- (a) in subsection (2), by omitting paragraph (c) and substituting the following paragraph:- "(c) from seeking and receiving payment for goodwill of a business from a purchaser of the business if at the time of sale the business is conducted in a retail shop by the landlord who, in connexion with the sale of the business, grants to the purchaser a lease of the retail shop.";

Retail Shop Leases Act Amendment Act 1989, No. 117 1971 (b) by omitting subsection (2A) and substituting the following subsection:- "(2A) A landlord under a retail shop lease, or any person acting under his authority, is not entitled to payment by a tenant under the lease, into a sinking fund or otherwise, for or in respect of the amortisation of costs and expenses of or incidental to- (a) construction of, or major improvement of a structural nature to- (i) the building that is or contains the retail shop; (ii) any building in a retail shopping centre, if the retail shop is situated in a retail shopping centre; (iii) any area used, or to be used, in association with any such building or centre; or (b) extension of a building referred to in paragraph (a) (i) or of a centre referred to in paragraph (a) (ii).". 7. Amendment of s. 10. Rent review. Section 10 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:- "(2) If provision is made in a retail shop lease for review of the amount of rent payable thereunder during the currency of the lease having regard to the market rent of the premises- (a) the market rent shall be taken to be the rent that, having regard to the terms and conditions of the lease and such other matters that are relevant to the assessment of market rent, would be reasonably expected to be paid for the retail shop if it were unoccupied and offered for renting for the use to which the premises may be put in accordance with the lease; and (b) in the absence of agreement between the landlord and tenant as to the amount of the market rent of premises , the lease shall be deemed to provide that the determination of market rent shall be made by a specialist retail valuer. (3) In making a determination of market rent of premises a specialist retail valuer is not obliged to have regard to any provision of a relevant retail shop lease that provides for payment of (a) a minimum rental; or (b) a rental of a specified amount, for the premises.".

1972 Retail Shop Leases Act Amendment Act 1989, No. 117 8. Amendment of s. 10A. Provisions concerning determination by specialist retail valuer. Section 1OA of the Principal Act is amended- (a) by omitting subsection (1) and substituting the following subsection:- "(1) If a determination of market rent is to be made by a specialist retail valuer pursuant to section 10 and- (a) the relevant retail shop lease does not provide for the nomination of a valuer for the purpose of making such a determination; and (b) the landlord and tenant of the retail shop concerned have not agreed on a specialist retail valuer for that purpose, the registrar shall nominate the specialist retail valuer for the purpose of making such determination whereupon the registrar's nominee, having accepted the nomination, shall be deemed to have been appointed for that purpose by agreement of the landlord and tenant, and his determination of the market rent shall be deemed to be the market rent."; (b) in subsection (3), by omitting the words "by way of a charge"; (c) by omitting subsection (4) and substituting the following subsection:- "(4) Where a specialist retail valuer has made a determination of market rent- (a) the determination shall be in writing that- (i) identifies the location of the retail shop to which it relates; (ii) specifies the matters taken into consideration by the valuer in making the determination; (b) the market rent so determined shall be taken to be the market rent of the retail shop to which the determination relates; (c) the landlord and the tenant of the retail shop to which the determination relates shall each pay one half of the valuer's fee to the valuer."; (d) in subsection (6), by omitting the words "by way of a charge". 9. Amendment of s. 108. Designation of specialist retail valuers. Section lOB of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: "(1) The Valuers Registration Board shall compile and maintain a list of specialist retail valuers, in addition to and separate from the Register of Valuers of Queensland kept under section 12 of the Valuers Registration Act 1965-1985. For the purposes of this Act, a specialist retail valuer is an individual who is a registered valuer and whose name is included

Retail Shop Leases Act Amendment Act 1989, No. 117 1973 in such list by The Valuers Registration Board pursuant to this section.". 10. Amendment of s. 11. Requests for assignment of lease. Section 11 of the Principal Act is amended (a) by omitting subsection (1 A); (b) in subsection (2), by adding at the end of paragraph (a) (before the expression ";") the words "and notified by him to the tenant by means of an itemised account"; (c) by adding at the end thereof the following subsection:- "(3) If in connexion with his consenting to an assignment of a retail shop lease a landlord- (a) purports or seeks to impose on the prospective assignee, so as to bind him as a tenant, an obligation that is not a tenant's obligation under the lease to be assigned; (b) purports or seeks to withdraw from the prospective assignee a 'right conferred on the tenant by the lease to be assigned; or (c) purports or seeks to impose, as a condition for his consenting to the assignment , a condition that the tenant considers unreasonable, there is thereby constituted a dispute under the retail shop lease between the landlord and the tenant who seeks to assign the lease, which dispute may be referred to a mediator in accordance with this Act.". 11. New s. 11A. The Principal Act is amended by inserting after section 11 the following section:- "11A. Tenant's right to mortgage etc. (1) Except where the provisions of this subsection are expressly excluded by the terms of a retail shop lease, in every such lease there shall be implied a provision regulating the tenant's right to deal with, by way of security, the assets of the business conducted in the retail shop to the extent of requiring that before any such dealing is entered into the prospective secured creditor shall enter into an agreement with the landlord with respect to- (a) the times at which the secured creditor, or his agents, may enter on the retail shop premises, before or after the expiration or termination of the lease; (b) the times by or at which and the manner in which the secured creditor, or his agents, must or may remove fixtures, fittings or equipment subject to the 64

1974 Retail Shop Leases Act Amendment Act 1989, No. 117 security before or after the expiration or termination of the lease; (c) the disposition of the ownership of fixtures , fittings or equipment that are not removed in accordance with the agreement; (d) the right of the secured creditor to enter into possession, or to place another person in possession, of the retail shop in the event of the tenant ' s default under the security; (e) making good any damage caused to the retail shop premises as a result of the secured creditor exercising his rights under the security; ( f) incidental matters relevant thereto. (2) Subject to subsection ( 1), a landlord under a retail shop lease is not entitled to obstruct or hinder the tenant in dealing with the lease and other assets of the business conducted in the retail shop by way of security. (3) To the extent that a provision of a retail shop lease purports to confer on a landlord a right in excess of that conferred by subsection ( 1) in relation to a tenant ' s right to deal with, by way of security, assets of the business conducted by him, the provision is void.". 12. Repeal of and new s. 12. The Principal Act is amended by repealing section 12 and substituting the following section:- "12. Sharing of expenses . ( 1) If a tenant under a retail shop lease is required to pay, in addition to rent, all or part of the landlord's outgoings on account of- the landlord ' s expenses of operating , repairing or maintaining the building in which the retail shop is, or, in the case of a retail shopping centre, of any building in the centre , or of areas used in association with any such building; or ® rates , taxes, levies , premiums or charges payable by the landlord because he is owner or occupier of any such building or of the land on which it is erected, (a) the lease shall specify- (i) the outgoings that are to be regarded as operating expenses; (ii) how the operating expenses will be determined and apportioned to the tenant; (iii) how the operating expenses , or any part thereof, may be recovered by the landlord from the tenant; (b) annual estimates in the prescribed form of each of those expenses shall be furnished by the landlord to

Retail Shop Leases Act Amendment Act 1989, No. 117 1975 the tenant at least one month before the commencement of the period to which the estimate relates or, where the tenant enters into the lease during the period to which the estimate relates or within one month before the commencement of that period, at the time the tenant enters into the lease; and (c) annual statements in the prescribed form and complying with subsection (2) of expenditure incurred on each of those expenses, audited by a Public Accountant, shall be furnished by the landlord to the tenant within three months after the termination of the period to which the expenditure is referrable. (2) The expenses shown in an annual statement of expenditure referred to in subsection (1) (c) shall be so itemised that the amount allocated therein to each item shall not exceed five per centum of the total of the expenses shown in the statement: Provided that the amount allocated to an item may exceed five per centum of that total if the item relates to- (a) a tax, impost or charge levied or made under any Act, or law applicable in the State; or (b) an outgoing consisting of one component (specifically identified) that cannot be dissected so as to comply with the limiting provisions of this subsection. (3) If, in relation to a new retail shopping centre or a new building that contains one or more retail shops, the landlord's accounting period would expire sooner than the expiry of one year from the time at which an estimate of expenses is required by subsection (1) (b) to be given, it shall be sufficient compliance- (a) with the provisions of subsection (l)(b) if the estimate of expenses first furnished under those provisions relates to the landlord's accounting period in lieu of one year; (b) with the provisions of subsection (1) (c), if the first statement of expenditure furnished under those provisions relates to expenditure during the landlord's accounting period in lieu of one year, and is furnished within three months after the termination of that accounting period. (4) Where a person becomes owner of a retail shopping centre or building that contains one or more retail shops and his accounting period is different from that of the preceding owner the provisions of subsection (3) apply in relation to the centre or building in the hands of the new owner as if it were a new retail shopping centre or a new building acquired by him. (5) Where land tax or other charge on land is an outgoing of the landlord under a retail shop lease, the liability of a tenant

1976 Retail Shop Leases Act Amendment Act 1989, No. 117 under the lease to pay, or contribute to, that outgoing shall not exceed the amount (if any) of his liability therefor had the land, on which is the building, or retail shopping centre, in which the retail shop is situated together with all other land of the landlord used or available for use- (a) by, or for the benefit of, the tenants conducting business in the building or centre; or (b) in association with trading in the building or centre, been the only land owned by the landlord.". 13. Amendment of s. 13. Option to renew lease. Section 13 of the Principal Act is amended- (a) in subsection (1), by omitting paragraphs (a) and (b) and substituting the following paragraphs:- "(a) a retail shop lease (other than a periodic tenancy or tenancy at will, or for a term not exceeding six months) is the first lease entered into in respect of the premises to which the lease relates; (b) the term of the lease, or the aggregate of the initial term of the lease and the term or terms of any option or options provided for therein, is less than five years;"; (b) by omitting subsection (2) and substituting the following subsection:- "(2) For the purposes of subsection (1)- (a) a retail shop lease for a term of five years or more that provides the landlord with a right to determine the lease before the expiration of five years from the date of commencement of the lease, otherwise than upon default by the tenant, shall be deemed to be a lease having a term referred to in subsection (1) (b); (b) if premises to which a retail shop lease relates are offered for use as two separate parts, a retail shop lease of either of the separate parts is not the first lease entered into in relation to that part; (c) if two separate parts of premises to each of which a retail shop lease relates are offered for use as a single entity, a retail shop lease of that entity is not the first lease entered into in relation to the whole premises; (d) if two separate parts of premises have been subject to retail shop leases and the premises are again offered for use as two separate parts although comprising areas different from the areas of the parts previously leased, a retail shop lease of either of the separate

Retail Shop Leases Act Amendment Act 1989, No. 117 1977 parts so offered for use is not the first lease entered into in relation to that part."; (c) in subsection (3)- (i) by omitting from the general words preceding paragraph (a) the words " retail shop in question " and substituting the words " premises to which it relates"; (ii) by inserting in paragraph (e) after the words "provisions of paragraph (b)," the words " and in the absence of agreement between the landlord and tenant as to holding over,". 14. Repeal of and new s. 14A . The Principal Act is amended by repealing section 14A and substituting the following section:- "14A. Trading hours pursuant to retail shop leases . ( 1) During the term current at 29 October 1987 (the commencement of the Trading Hours Act 1987 ) of a retail shop lease a tenant under the lease is not required , because of any provision of the lease, to extend the hours during which he is required by the lease to keep the retail shop open for trading immediately before that date. (2) A tenant under a retail shop lease shall not be held to be in breach of a provision of the lease that requires him to keep the retail shop open for trading by reason that , during the term current at 29 October 1987 of the lease , he has refused or failed to extend the hours during which he is required by the lease to keep the retail shop open for trading immediately before that date.". 15. Repeal of and new s. 15. The Principal Act is amended by repealiiig section 15 and substituting the following section:- "15. Implied provisions for compensation . (1) In every retail shop lease (other than a periodic tenancy or tenancy at will) there shall be implied the following provisions:- (a) The landlord is liable to pay to the tenant reasonable compensation for injury suffered by the tenant if the landlord, or a person acting under his authority, whether pursuant to a right so to do or not- (i) relocates the business of the tenant to other premises during the term of the lease or of any renewal thereof; (ii) inhibits in a substantial manner access by the tenant to the retail shop in which his business is conducted; (iii) takes action, other than that lawfully required by a department of government or statutory body, that substantially inhibits, or alters, access by customers to the retail shop in which the tenant's

1978 Retail Shop Leases Act Amendment Act 1989, No. 117 business is conducted, or the flow of potential customers past that retail shop; (iv) causes significant disruption of trading of a tenant in the retail shop in which the tenant's business is for the time being conducted, or fails to take all reasonable steps to prevent or terminate such significant disruption attributable to causes within the landlord's control; (v) fails to have rectified as soon as is practicable- (A) any breakdown of plant or equipment under the landlord's care or maintenance; or (B) any defect in the building that is or contains the retail shop, or, in the case of a retail shop in a retail shopping centre, in any building in the centre, or in common areas, except a defect due to a condition of the building or common area that would have been apparent to the tenant upon the exercise of reasonable diligence, at the time he entered into the retail shop lease or, in the case of a tenant by way of assignment of a retail shop lease, at the time he accepted the assignment; (vi) neglects to clean, maintain, or repaint such part as is the landlord's responsibility under the retail shop lease of the building that is or contains the retail shop, or, in the case of a retail shop in a retail shopping centre, of any building in the centre, or of common areas; (vii) causes the tenant to vacate the retail shop before the expiry of the current term of the lease, or of any renewal thereof, for the purpose of extending, refurbishing, or demolishing the whole or part of the building that is or contains the retail shop, or, in the case of a retail shop in a retail shopping centre, the whole or part of the centre. (b) The landlord is liable to pay to the tenant reasonable compensation for injury suffered by the tenant and attributable to- (i) the tenant's entering into the lease, or a renewal thereof, as a result of a false or misleading statement or misrepresentation made by the landlord or any person acting under his authority; or (ii) the demised premises not being available to the tenant for use for trade on the date nominated pursuant to paragraph (i) of section 15A (1) due

Retail Shop Leases Act Amendment Act 1989, No. 117 1979 to default of the landlord or any person acting under his authority. (c) Any dispute that arises between the landlord and the tenant concerning a right to compensation payable under paragraph (a) or (b), or the amount thereof, shall be referred to a mediator appointed under the Retail Shop Leases Act 1984 (or that Act as amended and in force for the time being) for solution, and in that event the landlord and the tenant shall act in good faith with a view to the dispute being resolved by mediation or, if the dispute be referred to a Retail Shop Leases Tribunal established under that Act, with a view to the matter in dispute being determined by the Tribunal. (2) A tenant under a retail shop -lease is not entitled to compensation under subsection (1) by reason only that the landlord has prevented him from extending, as permitted by the Trading Hours Act 1987, the hours during which the tenant keeps the retail shop open for trading, and every retail shop lease shall be read and construed subject to this subsection in respect of a provision implied therein by subsection (1). (3) Where the landlord and tenant under a retail shop lease have agreed in the lease as to the amount of compensation payable to the tenant in the event referred to in paragraph (i) or (vii) of subsection (1), the amount so agreed shall be taken to be reasonable compensation required by the provision implied in the lease by subsection (1), and every retail shop lease shall be read and construed subject to this subsection in respect of that provision.". 16. Repeal of and new s . 15A. The Principal Act is amended by repealing section 15A and substituting the following section:- "15A. Documents and information to be given to tenant. (1) At such time before a person enters as tenant into a retail shop lease (other than a periodic tenancy or tenancy at will) as is considered by the person sufficient to allow him to make a sound commercial decision with respect to entering into the lease (not exceeding in any case 14 days) the landlord shall give to the person- (a) a draft of the lease that expresses the standard or general provisions that are, or are to be, included in a lease of retail shops in the building or retail shopping centre in which the retail shop is, or is to be, situated; (b) adequate particulars to enable the person to identify and locate the site of the retail shop in the building

1980 Retail Shop Leases Act Amendment Act 1989, No. 117 or retail shopping centre in which the retail shop is, or is to be, situated; (c) adequate particulars of the approximate area available for lease of the retail shop; (d) adequate particulars of the term of the proposed lease and of any option or options to renew the lease to be had by the tenant; (e) adequate particulars of the rent to be paid upon commencement of the term of the lease, or the method by which such rent is to be determined and of the times at which and the means by which rent for the time being payable under the lease is to be reviewed; (f) adequate particulars of the proportion that the tenant's contribution (if any) to the landlord's outgoings referred to in section 12 is of the total of such outgoings and also adequate particulars of the proportion that the area available for lease of the retail shop is of the total lettable area in respect of which such outgoings are to be calculated; (g) adequate particulars of the use to which the retail shop may be put pursuant to the lease; (h) adequate particulars of the construction work in or about the retail shop that under the lease is to be carried out by the tenant and of the construction work in or about the retail shop that under the lease is to be carried out by the landlord together with specification of the standard of construction and of finishes thereof, (i) where the building or retail shopping centre in which the retail shop is to be situated has not been commenced, or completed, adequate particulars of the date on which the retail shop premises are expected to be available for use for trade by the tenant. (2) If, before a person has entered into a retail shop lease as tenant, the landlord fails to comply in all respects with such of the provisions of subsection (1) as are apposite to the lease, the tenant may, by notice in writing given to the landlord- (a) terminate the lease within 14 days (and no later) after the tenant receives the draft lease and such particulars prescribed by subsection (1) as are apposite to the lease; (b) terminate the lease within two months (and no later) after the tenant enters into the lease where the draft lease and such particulars prescribed by subsection (1) as are apposite to the lease are not received by him.

Retail Shop Leases Act Amendment Act 1989, No. 117 1981 (3) Subsections (1) and (2) do not apply where- (a) the tenant's entry into a retail shop lease consists in an agreement for lease, or the instrument of lease, becoming binding on him; (b) the agreement for lease, or instrument of lease, contains all the particulars apposite to the lease required by subsection (1); and (c) a copy of the agreement for lease, or instrument of lease, has been given to the tenant. (4) Where precise particulars of the matters referred to in paragraph (f) of subsection (1) are not available at the time particulars of those matters are to be given to comply with that subsection, it is sufficient compliance with the subsection if adequate particulars of an estimate of those matters are given in accordance with the subsection : Provided That if precise particulars of those matters, when established, vary (by way of increase) from the estimated particulars by more than 5 per centum of the estimation, the landlord shall give to the tenant notification of those precise particulars. Where such notification is given to a tenant, the period of 14 days referred to in paragraph (a) of subsection (2) shall be calculated from the day such notification is received by the tenant, and subsection (2) shall be construed accordingly.". 17. Repeal of and new s. 23. The Principal Act is amended by repealing section 23 and substituting the following section:- "23. Role of mediator . (1) Subject to subsection (2), it is competent to a mediator to seek to resolve by mediation any dispute under a retail shop lease that is referred to him. (2) The competence of a mediator declared by subsection (1) does not extend to a dispute as to arrears of rent, or the amount of rent, payable under a retail shop lease or the amount of landlord's outgoings referred to in section 12.". 18, Amendment of s. 24 . References to mediator . Section 24 of the Principal Act is amended in subsection (1) by inserting after the words "to a dispute" the words "under a retail shop lease". 19. Amendment of s. 27. Disputes referred to Tribunal in certain circumstances . Section 27 of the Principal Act is amended in subsection (1), by inserting after the words "under this Act", where they occur in paragraphs (b) and (d), the words, "which dispute is within the competence of a mediator".

1982 Retail Shop Leases Act Amendment Act 1989, No. 117 20. Amendment of s. 36 . Extent of jurisdiction . Section 36 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) The jurisdiction of a Tribunal conferred by subsection (1) does not extend to a dispute as to- (a) arrears of rent, or the amount of rent, payable under a retail shop lease or the amount of landlord's outgoings referred to in section 12; (b) a matter in dispute, if the application of this Act to the matter is excluded by section 5A.". 21. Repeal of and new s. 38. The Principal Act is amended by repealing section 38 and substituting the following section:- "38. Powers of Tribunal as Commission of Inquiry . (1) For the purpose of a Tribunal's exercise of its jurisdiction the prescribed provisions of the Commissions of Inquiry Act 1950- 1989 apply in relation to a Tribunal, its chairman and other members, and its proceedings as if a Tribunal were a Commission, and its members were commissioners, within the meaning of that Act. (2) The prescribed provisions referred to in subsection (1) are- s. 5 (1), (2) and 3 (a); ss. 6, 7, 8 (1), 9 to 12 inclusive; ss. 15, 16 and 17; ss. 19 (1), 20, 22, 22A and 23.". 22. Amendment of s. 55. Exclusion of other jurisdictions . Section 55 of the Principal Act is amended in subsection (1)- (a) by omitting the words "relating to" and substituting the word "under"; (b) by adding at the end of paragraph (a), after the word "Tribunal", the words "or where the proceeding before that court is an application for an order in the nature of an injunction touching upon the issue in dispute"; (c) by omitting paragraph (d) and substituting the following paragraph:- "(d) where a mediator has declined to hear the dispute because it is outside his competence, or a Tribunal has struck out the reference to it of the dispute because the dispute is beyond the Tribunal's jurisdiction.".

Retail Shop Leases Act Amendment Act 1989, No. 117 1983 23. Amendment of First Schedule. Specified Businesses . The First Schedule to the Principal Act is amended by inserting after the reference "Second-hand goods shops" the reference "Service station".