(1) Unless subsection (6) applies, the landlord must ensure that the tenant is given a landlord's disclosure statement for a retail shop lease at least 7 days before the retail shop lease is entered into by the tenant.
Maximum penalty: 100 penalty units.
(2) A landlord's disclosure statement is a written statement that contains or has attached the information or material specified in the form prescribed by the Regulations (but only to the extent that is relevant to the lease concerned).
(3) The layout of a landlord's disclosure statement is not required to comply with the layout of the prescribed form.
(4) Despite subsection (3), a landlord's disclosure statement is complete for the purposes of this section only if it contains or has attached the information or material that the prescribed form specifies is to be provided by the tenant.
(5) If a retail shop lease is entered into by way of the renewal of a lease, a written statement (a landlord's disclosure update ) that updates the provisions of an earlier landlord's disclosure statement given to the tenant is, in conjunction with that earlier landlord's disclosure statement, taken to be a landlord's disclosure statement given at the time the landlord's disclosure update is given.
(6) The time limit imposed by subsection (1) does not apply if a legal practitioner, who is not acting for the landlord, certifies in writing that he or she has, at the request of the prospective tenant, explained to the prospective tenant:
(a) the effect of this section; and
(b) that the giving of the certificate will result in a waiver of that time limit.