South Australian Current Acts

RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 20K

20K—Certified exclusionary clause

        (1)         Subject to this section, the rights conferred by this Part cannot be excluded or modified by contract.

        (2)         However, the statutory rights of security of tenure may be excluded by a certified exclusionary clause.

        (3)         A "certified exclusionary clause" is a provision of a retail shop lease in respect of which a certificate signed by the Commissioner, or a lawyer who is not acting for the lessor, is endorsed on the lease to the effect that—

            (a)         the Commissioner or lawyer (as the case may be) has, at the request of the prospective lessee, explained the effect of the provision and how this Part would apply in relation to the lease if the lease did not include that provision; and

            (b)         the prospective lessee gave the Commissioner or lawyer (as the case may be) apparently credible assurances that the prospective lessee was not acting under coercion or undue influence in requesting or consenting to the inclusion of the provision in the lease.

        (4)         The Commissioner may require payment of a fee prescribed by the regulations for the provision of a certificate under this section.