Tasmanian Numbered Acts

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RETAIL LEASES ACT 2022 (NO. 39 OF 2022) - SECT 15

Functions and powers of Director
(1)  Subject to subsection (4) , in addition to his or her functions and powers under any other Act, the Director has the following functions:
(a) to investigate and research matters relevant to retail leases;
(b) to prepare and publish any information or materials on subjects of interest to the parties to retail leases, provided the information or materials are not confidential and cannot identify a party to a retail lease;
(c) to provide information to the public, to tenants and to landlords about retail leases and the provisions of this Act;
(d) to investigate suspected infringements of this Act and to take appropriate actions to ensure the enforcement of this Act;
(e) to ensure that the provisions of this Act are complied with;
(f) to report to the Minister in relation to –
(i) the operation of this Act; and
(ii) any matters, referred to the Director by the Minister, in relation to the administration of this Act; and
(iii) the Director’s functions;
(g) to establish any groups or committees that the Director requires for the purposes of this Act;
(h) to appoint any persons for the purposes of this Act;
(i) to produce model retail leases for viewing or sale;
(j) to participate in any national committees reviewing the operation of laws relating to retail leases;
(k) to make arrangements, and to provide administrative assistance, to facilitate the resolution by mediation of a dispute between the parties to a retail lease under this Act;
(l) any other functions conferred or imposed on the Director by or under this or any other Act.
(2)  The Director has –
(a) the power to do anything necessary or convenient to be done for or in connection with, or incidental to, the exercise, or the performance, of any power or function conferred or imposed on the Director by this or any other Act; and
(b) such other powers as are expressly or impliedly given to the Director by this or any other Act.
(3)  For the purposes of this Act and without limiting the powers of the Director under subsection (2) , for a purpose in connection with the administration or enforcement of this Act, the Director has the power to –
(a) require a person to produce a retail lease for inspection; and
(b) retain a retail lease for inspection, or make a copy of it, provided the copy does not contain any information that is confidential or can identify any party to the retail lease; and
(c) at any reasonable time, enter and inspect retail premises; and
(d) give a person a warning or a caution, if the Director reasonably believes that the person has contravened a provision of this Act and the Director is of the opinion that the matter does not warrant any formal action under this Act.
(4)  The Director does not have the power to publish any information or materials, or take extracts of any information or materials, that is confidential or can identify any party to a retail lease.



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