Retail Shop Leases Amendment Act 1999 (Qld)

Queensland RETAIL SHOP LEASES AMENDMENT ACT 1999 Act No. 23 of 1999

Queensland RETAIL SHOP LEASES AMENDMENT ACT 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 27 (Rent may be reviewed on only 1 basis) . . . . . . . . . . . 4 4 Replacement of s 91 (Parties to pay own costs) . . . . . . . . . . . . . . . . . . . . . . 5 91 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Insertion of new s 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 124 Non-application of certain amendments of s 27 in certain cases . . 6

Queensland Retail Shop Leases Amendment Act 1999 Act No. 23 of 1999 An Act to amend the Retail Shop Leases Act 1994 [Assented to 30 April 1999]

s1 4 Retail Shop Leases Amendment The Parliament of Queensland enacts— s3 No. 23, 1999 ˙ Short title 1. This Act may be cited as the Retail Shop Leases Amendment Act 1999 . ˙ Act amended 2. This Act amends the Retail Shop Leases Act 1994 . ˙ Amendment of s 27 (Rent may be reviewed on only 1 basis) 3.(1) Section 27, heading— omit, insert— ‘ Timing and bases of rent reviews ’. (2) Section 27(1), ‘the reviews are’— omit, insert— ‘each review is’. (3) Section 27(2)— omit, insert— ‘ (1A) The rent may not be reviewed more than once in each year of the lease. ‘ (1B) Subsection (1A) does not apply to the first year of the lease. ‘ (2) The rent may be reviewed using different bases during the term of the lease, but each review must be made using only 1 basis.’. (4) Section 27(5), ‘using more than 1 basis for a rent review’— omit. (5) Section 27(5), ‘the review is’— omit, insert— ‘an invalid review is’.

s4 5 s4 Retail Shop Leases Amendment No. 23, 1999 (6) Section 27— insert— ‘ (6) In this section— “invalid review” , of rent under the lease, means— (a) a review in a year of the lease, other than the first year, in which the rent is to be reviewed under the lease more than once; or (b) a review made under the lease using more than 1 basis. “year” , of the lease, means a period of 12 months starting on— (a) the day the lease is entered into; or (b) an anniversary of the day the lease was entered into; or (c) if, for a particular 12 month period, there is not an anniversary of the day the lease was entered into—the last day of the month corresponding to the month the lease was entered into. 1 ’. ˙ Replacement of s 91 (Parties to pay own costs) 4. Section 91— omit, insert— ˙ ‘ Costs ‘ 91.(1) This section applies to the costs of the tribunal’s hearing of a retail tenancy dispute. ‘ (2) Unless the tribunal makes an order for costs under subsection (3), each party to the dispute must bear the party’s own costs. ‘ (3) On application by a party, the tribunal may make an order for costs if it is satisfied— (a) the dispute is frivolous or vexatious; or (b) the party has incurred costs because another party— 1 Paragraph (c) deals with a lease entered into on the last day of February in a leap year.

s5 6 s5 Retail Shop Leases Amendment No. 23, 1999 (i) sought an adjournment of the hearing without giving reasonable notice; or (ii) contravened a procedural requirement. ‘ (4) If a party files, in a registry of the District Court, a document certified by the chief executive to be a true copy of an order for costs, the document may be enforced as an order of the District Court. ‘ (5) If the tribunal makes an order for costs that does not state the amount of the costs, the amount must be decided under the District Courts Rules 1968 as if the order were an order of the District Court and the hearing were conducted in the District Court.’. ˙ Insertion of new s 124 5. After section 123— insert— ˙ ‘ Non-application of certain amendments of s 27 in certain cases ‘ 124. Section 27, as in force immediately before the commencement of the Retail Shop Leases Amendment Act 1999 , continues to apply to a retail shop lease entered into before the commencement, and any extension or renewal of the lease, as if that Act had not commenced. 2 ’. © State of Queensland 1999 2 Section 27 (Timing and bases of rent reviews)