Retail Leases Amendment Act 2012

Retail Leases Amendment Act 2012

No. 69 of 2012

table of provisions

SectionPage

ClausePage

1Purpose

2Commencement

3Amendment of section 15—Copy of lease to be provided at negotiation stage

4Amendment of section 17—Landlord's disclosure statement

5Amendment of section 21—Minimum 5 year term

6Amendment of section 23—Key-money and goodwill payments prohibited

7Repeal of section 25—Small Business Commissioner to be notified of lease

8Amendment of section 84—Functions of Small Business Commissioner

9Repeal of amending Act

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Endnotes

ClausePage

Victoria

ClausePage

Retail Leases Amendment Act 2012[†]

No. 69 of 2012

[Assented to 20 November 2012]

Retail Leases Amendment Act 2012
No. 69 of 2012

The Parliament of Victoriaenacts:

Retail Leases Amendment Act 2012
No. 69 of 2012

1Purpose

The purpose of this Act is to amend the Retail Leases Act 2003 to reduce red tape and improve the operation of that Act.

2Commencement

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

3Amendment of section 15—Copy of lease to be provided at negotiation stage

s. 3

See:
Act No.
4/2003.
Reprint No. 1
as at
30 March 2006
and amending
Act Nos
28/2007, 69/2009, 29/2011, 36/2011 and 21/2012.
LawToday:
www.
legislation.
vic.gov.au

(1)In section 15(1) of the Retail Leases Act 2003—

(a)for "person who, as landlord or on behalf of the landlord" substitute "landlord who";

(b)for "the person" substitute "the landlord".

(2)After section 15(2) of the Retail Leases Act 2003 insert—

"(3)In this section, landlord means—

(a)a landlord; or

(b)a person acting on behalf of a landlord or prospective landlord; or

(c)a prospective landlord.".

4Amendment of section 17—Landlord's disclosure statement

After section 17(7) of the Retail Leases Act 2003 insert—

"(8)In this section—

landlord means—

(a)a landlord; or

(b)a person acting on behalf of a landlord or prospective landlord; or

(c)a prospective landlord;

tenant means—

(a)a tenant; or

(b)a prospective tenant.".

5Amendment of section 21—Minimum 5 year term

s. 5

In section 21(5)(a) of the Retail Leases Act 2003 for "tenant or prospective tenant" substitute "tenant".

6Amendment of section 23—Key-money and goodwill payments prohibited

(1)In section 23(1) of the Retail Leases Act 2003 for "person must not, as landlord or on behalf of a landlord," substitute "landlord must not".

(2)In section 23(4) of the Retail Leases Act 2003omit "or on behalf of".

(3)After section 23(4) of the Retail Leases Act 2003 insert—

"(5)In this section, landlord means—

(a)a landlord; or

(b)a person acting on behalf of a landlord or prospective landlord; or

(c)a prospective landlord.".

7Repeal of section 25—Small Business Commissioner to be notified of lease

Section 25 of the Retail Leases Act 2003 is repealed.

8Amendment of section 84—Functions of Small Business Commissioner

Sections 84(1)(g) and 84(1A) of the Retail Leases Act 2003 arerepealed.

9Repeal of amending Act

s. 9

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Retail Leases Amendment Act 2012
No. 69 of 2012

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 12 September 2012

Legislative Council: 11 October 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Retail Leases Act 2003 and for other purposes."