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