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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Retail and Commercial Leases (Miscellaneous) Amendment
Bill 2013
A BILL FOR
An Act to amend the Retail
and Commercial Leases Act 1995.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Retail and
Commercial Leases Act 1995
3Amendment of section
4—Application of Act
4Substitution of section
30
30Recovery of land
tax
Schedule 1—Transitional
provision
1Application of section 30 to certain retail shop
leases
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Retail and Commercial Leases
(Miscellaneous) Amendment Act 2013.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Retail and Commercial Leases
Act 1995
3—Amendment
of section 4—Application of Act
Section 4—after subsection (3) insert:
(4) The regulations may, in prescribing an amount for the purposes of
subsection (2)(a), provide for that amount to be indexed in accordance with
a scheme set out in the regulations.
Section 30—delete the section and substitute:
30—Recovery of land tax
(1) Except as provided
by this section, a retail shop lease cannot require the lessee to pay land tax
or to reimburse the lessor for the payment of land tax in respect of the shop
(however, nothing in this section prevents the lessor's liability for land tax
in respect of the premises from being taken into account in the assessment of
rent).
(2) A retail shop lease
may require the lessee to pay an amount of land tax, or reimbursement to the
lessor for a payment of land tax, that does not exceed the single holding rate
for the shop, determined in accordance with
subsection (3).
(3) The single holding
rate for particular premises will be taken to be—
(a) if the shop is the only premises owned by the lessor for which land
tax is payable under the Land
Tax Act 1936—an amount equal to the amount of land tax
payable in relation to the shop; or
(b) if the value of the shop is included in a calculation of land tax
payable by the lessor (being a calculation on the basis of the aggregate taxable
value of all land owned by the lessor as contemplated by section 8A of the
Land
Tax Act 1936)—an amount equal to the amount of land tax that
would be payable were the shop the only land owned by the lessor for which land
tax is payable under the Land
Tax Act 1936,
less an amount equal to such part of any waiver or refund of, or any
exemption from, land tax paid or payable by the lessor under the Land
Tax Act 1936 as may be directly attributable to the shop.
(4)
Subsection (1) does
not apply to a retail shop lease entered into before a date fixed by regulation
for the purposes of this section.
(5)
Subsection (2) does
not apply to a retail shop lease entered into before the commencement of this
section.
Schedule 1—Transitional
provision
1—Application
of section 30 to certain retail shop leases
Except where the lessor and lessee in relation to a retail shop lease
entered into before the commencement of this Act otherwise agree in writing,
sections 4 and 30 of the Retail
and Commercial Leases Act 1995 (as in force immediately before the
commencement of this Act) continue to apply in relation to the lease as if this
Act had not been enacted.