New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 50

50 Confidentiality of turnover information

If a retail shop lease requires the lessee to provide information to the lessor concerning the turnover of the business of the lessee, the lessor must not divulge or communicate to any person any information so provided by the lessee, but this does not prevent the lessor communicating or divulging any such information--

(a) with the consent of the lessee, or

(b) in a document giving aggregate turnover information about a retail shopping centre in a manner that does not disclose information relating to the turnover of an individual lessee's business, or

(c) to a court or arbitrator or for the purposes of any mediation or valuation for the purposes of this Act or the lease, or

(d) in compliance with a requirement made by or under an Act, or

(e) to the lessor's professional advisers (such as legal or financial advisers), or to the proper officer of any financial institution for the purpose in good faith of enabling the lessor to obtain financial accommodation, or

(f) in good faith to a prospective purchaser of the retail shop or the building of which it forms part.

: Maximum penalty--20 penalty units.