Retail Tenancies Reform (Amendment) Act 2001 (Vic)

Retail Tenancies Reform (Amendment) Act 2001

Act No. 63/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	1998 Act deemed to have been enacted as amended by section 4	2
4.	Rent review	2
5.	Transitional provisions	2

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ENDNOTES 4

i

Victoria

No. 63 of 2001

Retail Tenancies Reform (Amendment)

Act 2001†

[Assented to 23 October 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Retail Tenancies Reform Act 1998 with respect to the basis or formula on which a rent review may be made during the term of a retail premises lease.

Retail Tenancies Reform (Amendment) Act 2001

s. 2 Act No. 63/2001

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.  1998 Act deemed to have been enacted as amended by section 4

See:

Act No.	In section 2 of the Retail Tenancies Reform Act
14/1998.	1998, after sub-section (3) insert—
Reprint No. 1
as at	"(4) This Act is deemed to have been enacted as
1 July 1998
and	amended by section 4 of the Retail
amending Act	Tenancies Reform (Amendment) Act
Nos 52/1998,
85/1998,	2001.".
73/2000, 27/2001 and 44/2001. Law Today: dpc.vic. gov.au

4. Rent review

In section 12(2)(a) of the Retail Tenancies Reform Act 1998, omit "of the base rent".

5. Transitional provisions

In section 52 of the Retail Tenancies Reform

Act 1998, after sub-section (2) insert—

"(2A) The amendment of section 12(2)(a) made by

section 4 of the Retail Tenancies Reform

(Amendment) Act 2001 has no effect on—

(a)	a proceeding determined by the Tribunal before the passing of that Act; or
(b)	a proceeding commenced in the Tribunal before the passing of that Act and the hearing of which had been concluded before that passing; or

Retail Tenancies Reform (Amendment) Act 2001

Act No. 63/2001	s. 5
(c)	any appeal from an order of the Tribunal made in a proceeding on which (by virtue of paragraph (a) or (b)) that amendment has no effect, whether the appeal is commenced (or determined) before or after the passing of that Act—

and any such proceeding or appeal must be determined in accordance with this Act as if section 12(2)(a) had not been amended by

the Retail Tenancies Reform
(Amendment) Act 2001.

(2B) Subject to sub-section (2A), a provision in a retail premises lease entered into before the passing of the Retail Tenancies Reform

(Amendment) Act 2001 that uses a fixed was entered into.".
percentage (however expressed) as the basis
or formula on which a rent review is to be
made has, and is deemed always to have had,
the same effect as it would have had if the
Retail Tenancies Reform (Amendment)

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Retail Tenancies Reform (Amendment) Act 2001

Endnotes Act No. 63/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Council: 9 October 2001

Legislative Assembly: 10 October 2001

The long title for the Bill for this Act was "to amend the Retail
Tenancies Reform Act 1998 with respect to the basis or formula on
which a rent review may be made during the term of a retail premises
lease."