(1) A landlord under a retail premises lease must not divulge or communicate to any person any information about the turnover of the tenant's business provided by the tenant in accordance with the lease.
Penalty: 20 penalty units.
(2) However, subsection (1) does not prevent the landlord communicating or divulging any information—
(a) with the tenant's consent; or
(b) in a document giving aggregate turnover information about the retail shopping centre in which the retail premises are located in a way that does not disclose information relating to the turnover of a particular tenant's business; or
S. 67(2)(c) amended by No. 16/2017 s. 41.
(c) to a court, the Tribunal or the Small Business Commission, or for the purposes of any dispute resolution or valuation, for the purposes of this Act or the lease; or
(d) in compliance with a requirement of or under an Act; or
(e) in good faith to any of the following persons in a way that does not disclose information identifying a particular lease or tenant, or relating to a tenant's business—
(i) the landlord's professional advisers (such as legal or financial advisers); or
(ii) the proper officer of any financial institution for the purpose of enabling the landlord to obtain financial accommodation; or
(iii) a prospective purchaser of the retail premises or the building in which the premises are located.