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RETAIL LEASES AMENDMENT BILL 2012

    Retail Leases Amendment Bill 2012

                        Introduction Print


               EXPLANATORY MEMORANDUM


                                  General
The Retail Leases Act 2003 introduced a statutory obligation requiring the
landlord of a retail premises to notify the Small Business Commissioner of
each of the relevant particulars of a new or renewed retail lease within
14 days of signing or renewing that lease.
This particular notification requirement has been highlighted as an example
of unnecessary or redundant legislation by the Productivity Commission, the
Victorian Competition and Efficiency Commission and others.
The removal of the notification requirement will reduce the red tape burden
imposed on retail business and promote Victoria as the best place to start,
operate and build a business.

                               Clause Notes
Clause 1   sets out the main purpose of the Bill, which is to amend the
           Retail Leases Act 2003 to reduce red tape and improve the
           operation of that Act.

Clause 2   states that the Bill will come into operation on the day after the
           day on which the Bill receives the Royal Assent.

Clause 3   Subclause (1) substitutes "landlord who" for "person who, as
           landlord or on behalf of the landlord" and substitutes "the person"
           for "the landlord" in section 15(1) of the Retail Leases Act 2003.
           Subclause (2) inserts a new section 15(3) into the Retail Leases
           Act 2003 to define the meaning of landlord as the term applies to
           that section. This amendment is intended to clarify that landlord
           includes a prospective landlord or a person acting on behalf of a
           landlord or prospective landlord.



571307                                1      BILL LA INTRODUCTION 12/9/2012

 


 

Clause 4 inserts a new section 17(8) into the Retail Leases Act 2003 to define the meaning of landlord and tenant as these terms apply to that section. This amendment relates to the changes introduced by clause 3 and it provides that landlord includes a prospective landlord or a person acting on behalf of a landlord or prospective landlord. The amendment also provides for tenant to include a prospective tenant. Clause 5 substitutes "tenant" for "tenant or prospective tenant" in section 21(5)(a) of the Retail Leases Act 2003. This amendment is intended to correct a typographical error. Clause 6 Subclause (1) substitutes "landlord must not" for "person must not, as landlord or on behalf of a landlord," in section 23(1) of the Retail Leases Act 2003. Subclause (2) omits "or on behalf of" in section 23(4) of the Retail Leases Act 2003. Subclause (3) inserts a new section 23(5) into the Retail Leases Act 2003 to define the meaning of landlord as the term applies to that section. This amendment is intended to clarify that landlord includes a prospective landlord or a person acting on behalf of a landlord or prospective landlord. Clause 7 repeals section 25 of the Retail Leases Act 2003. This amendment is intended to remove the requirement for a landlord of a retail lease premises to notify the Small Business Commissioner of the particulars of a retail lease within 14 days of the lease being entered into or renewed. Clause 8 repeals sections 84(1)(g) and 84(1A) of the Retail Leases Act 2003. These amendments arise as a consequence of the repeal of section 25. These amendments remove one of the functions of the Small Business Commissioner, which is to create and maintain a register of retail lease information. Clause 9 states that the amending Act is repealed on the first anniversary of its commencement. The repeal of the amending Act does not effect the continuing operation of the amendments made by that Act. 2

 


 

 


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