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This is a Bill, not an Act. For current law, see the Acts databases.


RETAIL SHOP LEASES AMENDMENT BILL 1999

      Queensland




RETAIL SHOP LEASES
AMENDMENT BILL 1999

 


 

 

Queensland RETAIL SHOP LEASES AMENDMENT BILL 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 27 (Rent may be reviewed on only 1 basis) . . . . . . . . . . . 4 4 Replacement of s 91 (Parties to pay own costs) . . . . . . . . . . . . . . . . . . . . . . 5 91 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Insertion of new s 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 124 Non-application of certain amendments of s 27 in certain cases . . 6

 


 

 

1999 A BILL FOR An Act to amend the Retail Shop Leases Act 1994

 


 

s1 4 s3 Retail Shop Leases Amendment The Parliament of Queensland enacts-- 1 title 2 Short Clause 1. This Act may be cited as the Retail Shop Leases Amendment Act 1999. 3 amended 4 Act Clause 2. This Act amends the Retail Shop Leases Act 1994. 5 of s 27 (Rent may be reviewed on only 1 basis) 6 Amendment Clause 3.(1) Section 27, heading-- 7 omit, insert-- 8 `Timing and bases of rent reviews'. 9 (2) Section 27(1), `the reviews are'-- 10 omit, insert-- 11 `each review is'. 12 (3) Section 27(2)-- 13 omit, insert-- 14 `(1A) The rent may not be reviewed more than once in each year of the 15 lease. 16 `(1B) Subsection (1A) does not apply to the first year of the lease. 17 `(2) The rent may be reviewed using different bases during the term of 18 the lease, but each review must be made using only 1 basis.'. 19 (4) Section 27(5), `using more than 1 basis for a rent review'-- 20 omit. 21 (5) Section 27(5), `the review is'-- 22 omit, insert-- 23 `an invalid review is'. 24

 


 

s4 5 s4 Retail Shop Leases Amendment (6) Section 27-- 1 insert-- 2 `(6) In this section-- 3 "invalid review", of rent under the lease, means-- 4 (a) a review in a year of the lease, other than the first year, in which 5 the rent is to be reviewed under the lease more than once; or 6 (b) a review made under the lease using more than 1 basis. 7 "year", of the lease, means a period of 12 months starting on-- 8 (a) the day the lease is entered into; or 9 (b) an anniversary of the day the lease was entered into; or 10 (c) if, for a particular 12 month period, there is not an anniversary of 11 the day the lease was entered into--the last day of the month 12 corresponding to the month the lease was entered into.1'. 13 of s 91 (Parties to pay own costs) 14 Replacement Clause 4. Section 91-- 15 omit, insert-- 16 osts 17 `C `91.(1) This section applies to the costs of the tribunal's hearing of a 18 retail tenancy dispute. 19 `(2) Unless the tribunal makes an order for costs under subsection (3), 20 each party to the dispute must bear the party's own costs. 21 `(3) On application by a party, the tribunal may make an order for costs 22 if it is satisfied-- 23 (a) the dispute is frivolous or vexatious; or 24 (b) the party has incurred costs because another party-- 25 1 Paragraph (c) deals with a lease entered into on the last day of February in a leap year.

 


 

s5 6 s5 Retail Shop Leases Amendment (i) sought an adjournment of the hearing without giving 1 reasonable notice; or 2 (ii) contravened a procedural requirement. 3 `(4) If a party files, in a registry of the District Court, a document 4 certified by the chief executive to be a true copy of an order for costs, the 5 document may be enforced as an order of the District Court. 6 `(5) If the tribunal makes an order for costs that does not state the 7 amount of the costs, the amount must be decided under the District Courts 8 Rules 1968 as if the order were an order of the District Court and the 9 hearing were conducted in the District Court.'. 10 of new s 124 11 Insertion Clause 5. After section 123-- 12 insert-- 13 of certain amendments of s 27 in certain cases 14 `Non-application `124. Section 27, as in force immediately before the commencement of 15 the Retail Shop Leases Amendment Act 1999, continues to apply to a retail 16 shop lease entered into before the commencement, and any extension or 17 renewal of the lease, as if that Act had not commenced.2'. 18 19 © State of Queensland 1999 2 Section 27 (Timing and bases of rent reviews)

 


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