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RETAIL LEASES ACT 1994 - SECT 62

Special provision for strata shopping centres

62 Special provision for strata shopping centres

If a retail shop lease applies in respect of a shop that comprises the whole or part of a lot under the Strata Schemes Development Act 2015 , sections 50- 56 and 61 apply in respect of the lease as if--

(a) references in those sections to a retail shop lease (or a provision of the lease) included a reference to the by-laws (or a provision of the by-laws) for the strata scheme concerned, and
(b) references in those sections to the lessor included reference to the body corporate under the strata scheme concerned and any centre manager appointed, employed or engaged by the body corporate to have management functions in respect of the centre.
Note--: Considering section 54 as an example of the operation of section 62--
The provisions of section 54 are taken to form part of the by-laws for the retail shopping centre. The section will then operate to impose requirements on the lessor, the body corporate and the centre manager. If advertising and promotion costs are charged to a lessee under the by-laws and not the lease, the lessor will have no obligations under section 54 because those amounts are not charged under the lease. The body corporate and the centre manager on the other hand will have the obligations that the lessor would otherwise have had.



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