Victorian Numbered Acts Victorian Numbered Acts(1) In section 52(2) of the Principal Act, for "good repair" substitute "a condition consistent with the condition of the premises when the retail premises lease was entered into".
(2) In section 52(2) of the Principal Act—
(a) for "structure of, or fixtures" substitute "structure of, and fixtures";
(b) for "plant or equipment" substitute "plant and equipment";
(c) for "fittings or fixtures" substitute "fittings and fixtures".
(3) In section 52(3) of the Principal Act omit "in good repair".
(4) In section 52(4) of the Principal Act, after "responsible" insert "under this section or under the terms and conditions of the lease".
(5) In section 52(5)(b) of the Principal Act, after "repairs" insert "and may not recover that cost or any part of it as an outgoing".
(6) At the foot of section 52(5) of the Principal Act insert —
"Note: Section 39 regulates the ability of the landlord to recover outgoings (including the cost of repairs). Section 41 provides that capital costs are not recoverable from a tenant.".