(1) A person must not, as landlord or on behalf of the landlord, seek or accept key-money in connection with the renewal or extension of a retail shop lease.
Maximum penalty: 100 penalty units.
(2) A provision of a retail shop lease is void to the extent that it requires or has the effect of requiring key-money in connection with the renewal or extension of the lease.
(3) If a person contravenes subsection (1), the tenant is entitled to recover from the landlord as a debt:
(a) a payment made; or
(b) the value of a benefit conferred by the tenant and accepted;
by or on behalf of the landlord in contravention of this section, whether or not the person is found guilty of an offence against that subsection.
(4) This section does not prevent a landlord from:
(a) requiring payment by the tenant of a reasonable sum in respect of legal or other expenses incurred in connection with the renewal or extension of the lease; or
(b) receiving payment of rent in advance; or
(c) securing performance of the tenant's obligations under the renewed or extended lease by requiring the provision of a bond or security deposit or a guarantee from the tenant or another person; or
(d) seeking and accepting payment for the grant of a franchise in connection with the renewal or extension of the lease.