New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 55A

55A Non-provision of marketing plan or advertising and promotion statement

(1) A lessee is entitled to withhold payment of contributions in respect of advertising or promotion costs of the lessor if--

(a) the lessor has failed--

(i) to make available to the lessee a marketing plan required under section 53 (a), or

(ii) to make available to the lessee details of proposed expenditure on an opening promotion as required under section 53 (b), or

(iii) to make available to the lessee a written statement of expenditure required under section 54, or

(iv) to give the lessee an advertising statement required under section 55, and

(b) the lessee has, at or after the expiry of the time when the plan, details or statement was required to be made available to or given to the lessee, requested the lessor in writing to furnish the plan, details or statement to the lessee, and

(c) the lessor's failure has continued for 10 business days after the request was made.

(2) The lessee must pay the withheld contributions within 28 days after the lessor furnishes the plan, details or statement.

(3) The lessor is not entitled to recover interest or late payment charges in respect of contributions withheld in accordance with this section.

(4) The lessee is not in breach of the retail shop lease for acting in accordance with this section.

(5) This section does not affect any other rights that the lessee has in connection with the lessor's failure to provide the plan, details or statement.