Western Australian Current Acts Western Australian Current Acts (1) Subject to any
order of the Court and to this section —
(a)
where —
(i)
an option is contained in a lease;
(ii)
the lessee exercises, or purports to exercise, the
option; and
(iii)
the lease would, but for this paragraph, expire within
the period of 14 days after the exercise, or purported exercise, of the
option,
the lease shall be
deemed to continue in force until the expiration of that period;
(b)
where —
(i)
a prescribed notice is duly served on a lessee; and
(ii)
the lease in respect of which the notice is served would,
but for this paragraph, expire within the period of one month referred to in
section 83C(2)(a),
the lease shall be
deemed to continue in force until the expiration of that period; and
(c)
where, in relation to a lease continued in force under paragraph (b), relief
referred to in section 83C is sought by a lessee, the lease shall, subject to
subsections (2) and (3), be deemed to continue in force until —
(i)
the proceedings in which the relief is sought are
disposed of, in so far as they relate to that relief, otherwise than by
granting the relief; or
(ii)
effect is given to orders made by the Court in granting
that relief in so far as they affect the lessor or relate to an assurance to
the lessee.
(2) Paragraph (c) of
subsection (1) —
(a) does
not apply to or in respect of a lease that, but for that paragraph, would
continue in force for a period longer than the period for which it is, by the
operation of that paragraph, continued in force; and
(b) does
not, where a lessee fails to comply with terms imposed upon him pursuant to
section 83D(4)(a), operate to continue the lease in force beyond the time of
that failure by the lessee.
(3) Where, under
subsection (1), a lease continues in force after the day on which, but for
that subsection, it would expire, the lease so continues in force subject to
the provisions, stipulations, covenants, conditions and agreements in the
lease (other than those relating to the term and the option contained in the
lease) but without prejudice to any rights or remedies of the lessor or lessee
in relation to the lease.
(4) Subject to
subsection (5) where, pursuant to an option contained in a lease continued in
force under subsection (1), the lease is renewed or a new lease is granted,
the period during which the lease was so continued in force shall be deemed to
be part of the term for which the lease was renewed or the new lease granted,
and any lease granted pursuant to an exercise of the option shall be expressed
to have commenced when the lease containing the option would, but for
subsection (1), have expired.
(5) Subsection (4)
does not apply to or in respect of a lease that stipulates for the
commencement of any lease granted pursuant to an exercise of the option
contained therein on a day that is later than the day on which the lease so
granted would, but for this subsection, commence under subsection (4).
[Section 83E inserted: No. 35 of 1973 s. 3.]