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This is a Bill, not an Act. For current law, see the Acts databases.


RETAIL LEASES AMENDMENT BILL 2012

                 PARLIAMENT OF VICTORIA

             Retail Leases Amendment Bill 2012



                      TABLE OF PROVISIONS
Clause                                                          Page
  1    Purpose                                                     1
  2    Commencement                                                1
  3    Amendment of section 15--Copy of lease to be provided at
       negotiation stage                                           2
  4    Amendment of section 17--Landlord's disclosure statement    2
  5    Amendment of section 21--Minimum 5 year term                3
  6    Amendment of section 23--Key-money and goodwill payments
       prohibited                                                  3
  7    Repeal of section 25--Small Business Commissioner to be
       notified of lease                                           3
  8    Amendment of section 84--Functions of Small Business
       Commissioner                                                3
  9    Repeal of amending Act                                      4
                          

ENDNOTES                                                            5




571307B.I-12/9/2012              i      BILL LA INTRODUCTION 12/9/2012

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Retail Leases Amendment Bill 2012 A Bill for an Act to amend the Retail Leases Act 2003 and for other purposes. The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Retail Leases Act 2003 to reduce red tape and improve the operation of that Act. 5 2 Commencement This Act comes into operation on the day after the day on which this Act receives the Royal Assent. 571307B.I-12/9/2012 1 BILL LA INTRODUCTION 12/9/2012

 


 

Retail Leases Amendment Bill 2012 s. 3 3 Amendment of section 15--Copy of lease to be provided at negotiation stage See: (1) In section 15(1) of the Retail Leases Act 2003-- Act No. 4/2003. Reprint No. 1 (a) for "person who, as landlord or on behalf of 5 as at the landlord" substitute "landlord who"; 30 March 2006 (b) for "the person" substitute "the landlord". and amending (2) After section 15(2) of the Retail Leases Act 2003 Act Nos 28/2007, insert-- 69/2009, 29/2011, "(3) In this section, landlord means-- 36/2011 and 10 21/2012. (a) a landlord; or LawToday: www. (b) a person acting on behalf of a landlord legislation. vic.gov.au or prospective landlord; or (c) a prospective landlord.". 4 Amendment of section 17--Landlord's disclosure 15 statement After section 17(7) of the Retail Leases Act 2003 insert-- "(8) In this section-- landlord means-- 20 (a) a landlord; or (b) a person acting on behalf of a landlord or prospective landlord; or (c) a prospective landlord; 25 tenant means-- (a) a tenant; or (b) a prospective tenant.". 571307B.I-12/9/2012 2 BILL LA INTRODUCTION 12/9/2012

 


 

Retail Leases Amendment Bill 2012 s. 5 5 Amendment of section 21--Minimum 5 year term In section 21(5)(a) of the Retail Leases Act 2003 for "tenant or prospective tenant" substitute "tenant". 5 6 Amendment of section 23--Key-money and goodwill payments prohibited (1) In section 23(1) of the Retail Leases Act 2003 for "person must not, as landlord or on behalf of a landlord," substitute "landlord must not". 10 (2) In section 23(4) of the Retail Leases Act 2003 omit "or on behalf of". (3) After section 23(4) of the Retail Leases Act 2003 insert-- "(5) In this section, landlord means-- 15 (a) a landlord; or (b) a person acting on behalf of a landlord or prospective landlord; or (c) a prospective landlord.". 7 Repeal of section 25--Small Business Commissioner 20 to be notified of lease Section 25 of the Retail Leases Act 2003 is repealed. 8 Amendment of section 84--Functions of Small Business Commissioner 25 Sections 84(1)(g) and 84(1A) of the Retail Leases Act 2003 are repealed. 571307B.I-12/9/2012 3 BILL LA INTRODUCTION 12/9/2012

 


 

Retail Leases Amendment Bill 2012 s. 9 9 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571307B.I-12/9/2012 4 BILL LA INTRODUCTION 12/9/2012

 


 

Retail Leases Amendment Bill 2012 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571307B.I-12/9/2012 5 BILL LA INTRODUCTION 12/9/2012

 


 

 


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