Retail Leases Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Retail Leases Amendment Act 2012 No. 69 of 2012 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Amendment of section 15—Copy of lease to be provided at negotiation stage 2 4 Amendment of section 17—Landlord's disclosure statement 2 5 Amendment of section 21—Minimum 5 year term 3 6 Amendment of section 23—Key-money and goodwill payments prohibited 3 7 Repeal of section 25—Small Business Commissioner to be notified of lease 3 8 Amendment of section 84—Functions of Small Business Commissioner 3 9 Repeal of amending Act 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Retail Leases Amendment Act 2012 † No. 69 of 2012 [Assented to 20 November 2012] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Retail Leases Act 2003 to reduce red tape and improve the operation of that Act. 2 Commencement This Act comes into operation on the day after the day on which this Act receives the Royal Assent. Victoria -- 2 of 6 -- Retail Leases Amendment Act 2012 No. 69 of 2012 2 Authorised by the Chief Parliamentary Counsel 3 Amendment of section 15—Copy of lease to be provided at negotiation stage (1) In section 15(1) of the Retail Leases Act 2003— (a) for "person who, as landlord or on behalf of the landlord" substitute "landlord who"; (b) for "the person" substitute "the landlord". (2) After section 15(2) of the Retail Leases Act 2003 insert— "(3) In this section, landlord means— (a) a landlord; or (b) a person acting on behalf of a landlord or prospective landlord; or (c) a prospective landlord.". 4 Amendment of section 17—Landlord's disclosure statement After section 17(7) of the Retail Leases Act 2003 insert— "(8) In this section— landlord means— (a) a landlord; or (b) a person acting on behalf of a landlord or prospective landlord; or (c) a prospective landlord; tenant means— (a) a tenant; or (b) a prospective tenant.". s. 3 See: Act No. 4/2003. Reprint No. 1 as at 30 March 2006 and amending Act Nos 28/2007, 69/2009, 29/2011, 36/2011 and 21/2012. LawToday: www. legislation. vic.gov.au -- 3 of 6 -- Retail Leases Amendment Act 2012 No. 69 of 2012 3 Authorised by the Chief Parliamentary Counsel 5 Amendment of section 21—Minimum 5 year term In section 21(5)(a) of the Retail Leases Act 2003 for "tenant or prospective tenant" substitute "tenant". 6 Amendment of section 23—Key-money and goodwill payments prohibited (1) In section 23(1) of the Retail Leases Act 2003 for "person must not, as landlord or on behalf of a landlord," substitute "landlord must not". (2) In section 23(4) of the Retail Leases Act 2003 omit "or on behalf of". (3) After section 23(4) of the Retail Leases Act 2003 insert— "(5) In this section, landlord means— (a) a landlord; or (b) a person acting on behalf of a landlord or prospective landlord; or (c) a prospective landlord.". 7 Repeal of section 25—Small Business Commissioner to be notified of lease Section 25 of the Retail Leases Act 2003 is repealed. 8 Amendment of section 84—Functions of Small Business Commissioner Sections 84(1)(g) and 84(1A) of the Retail Leases Act 2003 are repealed. s. 5 -- 4 of 6 -- Retail Leases Amendment Act 2012 No. 69 of 2012 4 Authorised by the Chief Parliamentary Counsel 9 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 9 -- 5 of 6 -- Retail Leases Amendment Act 2012 No. 69 of 2012 5 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 September 2012 Legislative Council: 11 October 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Retail Leases Act 2003 and for other purposes." Endnotes -- 6 of 6 --