Northern Territory Consolidated Acts

BUSINESS TENANCIES (FAIR DEALINGS) ACT 2003

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Act binds Crown  
   5.      Interpretation  
   6.      Certain retail shops excluded from operation of Act  
   7.      Leases to which Act does not apply  
   8.      Exemptions from Act  
   9.      Act overrides retail shop leases  
   10.     When lease is entered into  
   11.     Meaning of renewal of lease  

   PART 1A--MINISTER'S POWER IN EMERGENCY

   11A.    Definitions  
   11B.    Minister's power in emergency period  
   11C.    Notice overrides business leases and other arrangements  
   11D.    Effect of modification notice  
   11E.    Interaction with Law of Property Act 2000  
   11F.    Acquisition on just terms  
   11G.    Continuing effect of notice  
   11H.    Disallowance by Legislative Assembly  

   PART 2--COMMISSIONER OF BUSINESS TENANCIES

   12.     Commissioner of Business Tenancies  
   13.     Delegation by Commissioner  
   14.     Annual report  
   15.     Protection from liability  
   16.     Commissioner is enforcement agency for Fines and Penalties (Recovery) Act 2001  

   PART 3--RIGHTS AND DUTIES BEFORE RETAIL SHOP LEASE ENTERED INTO

   17.     Copy of retail shop lease to be provided at negotiation stage  
   18.     Right to compensation for pre-lease misrepresentations  
   19.     Tenant to be given landlord's disclosure statement  
   20.     Tenant may terminate for landlord's failure to disclose  
   21.     Tenant's disclosure statement  
   22.     Tenant not required to pay undisclosed contributions  
   23.     Lease preparation costs  
   24.     Key-money prohibited  
   25.     Time limit for registration of leases and provision to tenants  
   26.     Minimum 5 year term  

   PART 4--RENT AND OUTGOINGS UNDER RETAIL SHOP LEASE

           Division 1--Rent

   27.     No payment of rent etc. when landlord's fitout not completed  
   28.     Rent reviews generally  
   29.     Reviews of current market rent  
   30.     Tenant may have current market rent determined early  
   31.     Proper use by valuer of information received  
   32.     Turnover rent  
   33.     Special rent – cost of fitout  
   34.     Rent and other costs associated with other land not recoverable from tenant  

           Division 2--Sinking funds

   35.     Sinking fund for major repairs and maintenance  
   36.     Limits on sinking funds  
   37.     Repayment from sinking fund after destruction etc. of building  

           Division 3--Outgoings

   38.     Recovery of outgoings from tenant  
   39.     Landlord to provide estimates and expenditure statement of outgoings  
   40.     Landlord to give statement and report on outgoings  
   41.     Adjustment of contributions to outgoings  
   42.     Non-specific outgoings contribution limited by ratio of lettable area  

           Division 4--Other costs or charges

   43.     Capital costs etc. not recoverable from tenant  
   44.     Depreciation not recoverable from tenant  
   45.     Interest etc. on landlord's borrowings not recoverable from tenant  

   PART 5--RESTRICTIONS ON ACTIONS AFFECTING RIGHTS UNDER RETAIL SHOP LEASE

   46.     Tenant to be given notice of alterations and refurbishment  
   47.     Tenant to be compensated for disturbance  
   48.     Relocation  
   49.     Demolition  
   50.     Damaged premises  
   51.     Refurbishment and refitting  
   52.     Employment restriction  

   PART 6--ASSIGNMENT OF RETAIL SHOP LEASE

   53.     Circumstances when consent to assignment may be withheld  
   54.     Key-money on assignment prohibited  
   55.     Obtaining consent to assignment  
   56.     Information to be provided to proposed assignee and landlord  
   57.     Information about financial standing of proposed assignee  
   58.     Protection of assignors and guarantors  
   59.     Landlord may reserve right to refuse sublease, mortgage etc.  

   PART 7--RENEWAL AND EXTENSION OF RETAIL SHOP LEASES

   60.     Notice to tenant of landlord's intentions at end of lease  
   61.     Key-money for renewal or extension prohibited  

   PART 8--OTHER REQUIREMENTS FOR RETAIL SHOP LEASES

   62.     Trading hours  
   63.     Security deposits  
   64.     Independent legal advice – effect of coercion  

   PART 9--ADDITIONAL REQUIREMENTS FOR RETAIL SHOPPING CENTRES

   65.     Part applies only to retail shopping centres  
   66.     Confidentiality of turnover information  
   67.     Statistical information to be made available to tenant  
   68.     Advertising and promotion requirements  
   69.     Marketing plan for advertising and promotion  
   70.     Availability of advertising and promotion expenditure statement  
   71.     Provision of statement on advertising and promotion expenditure  
   72.     Unexpended advertising and promotion contributions carried forward  
   73.     Termination for inadequate sales prohibited  
   74.     Geographical restrictions prohibited  
   75.     Trading hours of retail shopping centre  

   PART 10--UNCONSCIONABLE CONDUCT IN CONNECTION WITH RETAIL SHOP LEASE

   76.     Definitions  
   77.     Application of Part  
   78.     Court may determine claim of unconscionable conduct  
   79.     Unconscionable conduct of landlord in retail shop lease transactions  
   80.     Unconscionable conduct of tenant in retail shop lease transactions  
   81.     Conduct that is not unconscionable  

   PART 11--DISPUTE RESOLUTION FOR RETAIL TENANCY CLAIMS

           Division 1--Preliminary matters

   82.     Interpretation  
   83.     Meaning of retail tenancy dispute  
   84.     Meaning of retail tenancy claim  
   85.     Retail tenancy claim may be taken to court only if certificate issued  

           Division 2--Commencement of retail tenancy claim

   86.     Application to Commissioner  
   87.     Application fees  
   88.     Commissioner to give notice of conference  
   88A.    Commissioner may cancel conference  
   89.     Who may conduct proceedings  

           Division 3--Conciliation conferences

   90.     Who may attend conferences  
   91.     General principles of dispute resolution at conferences  
   92.     Purpose of preliminary conference  
   93.     Purpose of conciliation conference  
   94.     Procedure for conferences  
   95.     Costs of conciliation to be met by parties  
   96.     Restriction on evidence  
   97.     Confidentiality  

           Division 4--Inquiries

   98.     When inquiries may be conducted  
   99.     Procedures generally  
   100.    Powers to gather evidence  
   101.    Powers at inquiry  
   102.    Orders at inquiry  
   103.    Reasons for decisions  

           Division 5--Retail tenancy claims that may proceed to court

   104.    Certificate of failure to resolve retail tenancy claim  
   105.    Jurisdiction of courts to hear unresolved retail tenancy claims  
   106.    Powers of court hearing unresolved retail tenancy claim  
   107.    No legal costs if plaintiff awarded less than 15 000 monetary units by court  

           Division 6--Powers of Commissioner

   108.    Entry and inspection of property  

           Division 7--Retail tenancy proceedings generally

   109.    Place and time of proceedings  
   110.    Duty to act quickly  
   111.    Representation of parties  
   112.    Payment of lawyers, translators etc.  
   113.    Costs not generally to be ordered  
   114.    Interest may be awarded  
   115.    Contempt  
   116.    Enforcement of orders  
   117.    Procedural rules  

   PART 12--APPEALS RELATING TO RETAIL SHOP LEASES

   118.    Definition  
   119.    Appeal may be made to Local Court  
   120.    Notice of appeal to be given to Commissioner  
   121.    Stay of proceedings  

   PART 13--BUSINESS TENANCIES GENERALLY

           Division 1--Interpretation

   122.    Interpretation  

           Division 2--Repossession of business premises

   123.    Definitions  
   124.    No entry without order  
   125.    Notice to quit to be in writing  
   126.    Landlord may evict tenant if drug premises order made  
   127.    Expiry of notice  
   128.    Certain matters not to affect notice  
   129.    Defective notice  
   130.    Notice to quit business premises  
   131.    Application for warrant of ejectment  
   132.    Court may make orders for outstanding rent etc.  

           Division 2A--Alternative dispute resolution

   132A.   Application of Division  
   132B.   Referral to NTCAT  
   132C.   Alternative mediation or conciliation  
   132D.   Alternative dispute resolution successful  
   132E.   Alternative dispute resolution unsuccessful  

           Division 2B--Offences in relation to negotiations during emergency period

   132F.   Misrepresentation  
   132G.   Unauthorised disclosure of information  

           Division 3--Miscellaneous matters

   133.    Tenant's right of association  
   134.    Mitigation of damages for breach of lease  

   PART 14--MISCELLANEOUS MATTERS

   135.    Service of notices  
   136.    Notice to one landlord or tenant sufficient  
   137.    Notice or payment to landlord's agent sufficient  
   138.    Extension of term of retail shop lease – effect on Land Title Act 2000  
   139.    Meaning of the Act in retail shop leases  
   140.    Commissioner may intervene in court proceedings  
   141.    Regulations  
   142.     Repeal  
   143.    Savings and transitional regulations  
   144.     Review of Act  
           SCHEDULE
           ENDNOTES