Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997


Bill No.110

Synopsis
The purpose of this Bill is to implement amendments resulting from a statutory review of the Act, which regulates lease agreements for certain small businesses conducting their operations in retail premises of 1000 sqm or less. Highlights of the Bill include -
      • new definitions for major terms contained in the Act, including "retail shop lease", "shopping centre", "total lettable area";
      • provisions relating to tenant rent reviews, including ensuring that there is only one means of calculating rent per review specified in a lease;
      • a Tenant Guide is to be introduced;
      • valid occupancy cost contributions " limiting a tenant’s contribution to operating expenses by relating the amounts they contribute to the proportion of floor area that the tenant’s shop bears to the shopping centre’s total lettable area " together with the disclosure of all pertinent information prior to the lease contract and protective audit provisions;
      • choice of trading hours by retail tenants allowing tenants complete discretion to determine their own trading hours.

The measures included in the Bill cannot be applied retrospectively to current leases.

StatusAssented to 01/15/1999
Royal Assent given 15 Jan 1999 as Act No. 66/98 of 1999. Different sections of this Act come into operation on Royal Assent and Proclamation. For details refer to Commencement Clause of the Bill (see also Assent and Commencement information for Acts)

Current Bill

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Inactive hide details for Previous Versions of this BillPrevious Versions of this Bill




Progress

Legislative Assembly DateNote No.Related Documents
Introduced 11/26/1997  
First Reading 11/26/1997  
Second Reading 11/27/1997 1 
Second Reading Speech   
Second Reading Agreed 04/28/1998  
Consideration in Detail 05/05/1998  
Amendments adopted 06/24/1998  
Third Reading 06/25/1998  


Legislative Council DateNote No.Related Documents
First Reading 06/30/1998  
Second Reading 06/30/1998  
Second Reading Speech   
Second Reading Agreed 09/15/1998  
Committee of the whole 10/20/1998  
Amendments adopted 10/21/1998  
Third Reading 10/22/1998  


Messages Between Houses DateNote No.
Legislative Council sent to the Legislative Assembly  10/27/1998  
Legislative Assembly sent to the Legislative Council  11/25/1998 3 
Consideration of Legislative Assembly Message   12/23/1998  


Other Procedures DateNote No.Related Links
Reinstated to the stage reached in the previous Session  08/13/1998 2 
Bill Passed  12/23/1998  


Notes
1. Bill accompanied by explanatory notes.
2. Bill reinstated after prorogation.
3. Council amendments Nos 1 to 10 disagreed to and new amendments substituted by the Assembly for amendments Nos 1 and 3.