Victorian Numbered Acts Victorian Numbered Acts(1) For section 251(2A) of the Building Act 1993 substitute —
"(2A) An occupier cannot recover from the owner, or deduct from or set off against any rent due or to become due to the owner, any expenses incurred by the carrying out, in respect of an essential safety measure, of repairs or maintenance work or an installation referred to in section 41(2)(b)(ii) of the Retail Leases Act 2003 , if the occupier has agreed to bear the expenses under—
(a) a retail premises lease to which that Act applies; or
(b) any other lease of a premises or an area in a retail shopping centre other than a premises or an area in a retail shopping centre that is used, or is intended for use, as a residence.".
(2) For section 251(6) of the Building Act 1993 substitute —
"(6) This section applies despite any covenant or agreement to the contrary, other than an agreement about the cost of the carrying out, in respect of an essential safety measure, of repairs or maintenance work or an installation referred to in section 41(2)(b)(ii) of the Retail Leases Act 2003 under—
(a) a retail premises lease to which that Act applies; or
(b) any other lease of a premises or an area in a retail shopping centre other than a premises or an area in a retail shopping centre that is used, or is intended for use, as a residence.".
(3) In section 251(7) of the Building Act 1993 , in the definition of "retail premises", for " 2003 ." substitute " 2003 ;".
(4) Insert the following definition in section 251(7) of the Building Act 1993 —
""retail shopping centre" has the same meaning as in the Retail Leases Act 2003 .".