Retail Tenancies Reform (Amendment) Act 2001
i
Retail Tenancies Reform (Amendment) Act 2001
Act No. 63/2001
TABLE OF PROVISIONS
Section Page
1. Purpose 1
2. Commencement 2
3. 1998 Act deemed to have been enacted as amended by section 4 2
4. Rent review 2
5. Transitional provisions 2
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ENDNOTES 4
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1
Retail Tenancies Reform (Amendment)
Act 2001†
[Assented to 23 October 2001]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Retail
Tenancies Reform Act 1998 with respect to the
basis or formula on which a rent review may be
made during the term of a retail premises lease.
Victoria
No. 63 of 2001
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2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. 1998 Act deemed to have been enacted as amended by
section 4
In section 2 of the Retail Tenancies Reform Act
1998, after sub-section (3) insert—
"(4) This Act is deemed to have been enacted as
amended by section 4 of the Retail
Tenancies Reform (Amendment) Act
2001.".
4. Rent review
In section 12(2)(a) of the Retail Tenancies
Reform Act 1998, omit "of the base rent".
5. Transitional provisions
In section 52 of the Retail Tenancies Reform
Act 1998, after sub-section (2) insert—
"(2A) The amendment of section 12(2)(a) made by
section 4 of the Retail Tenancies Reform
(Amendment) Act 2001 has no effect on—
(a) a proceeding determined by the
Tribunal before the passing of that Act;
or
(b) a proceeding commenced in the
Tribunal before the passing of that Act
and the hearing of which had been
concluded before that passing; or
s. 2
See:
Act No.
14/1998.
Reprint No. 1
as at
1 July 1998
and
amending Act
Nos 52/1998,
85/1998,
73/2000,
27/2001 and
44/2001.
Law Today:
www.dms.
dpc.vic.
gov.au
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(c) any appeal from an order of the
Tribunal made in a proceeding on
which (by virtue of paragraph (a) or
(b)) that amendment has no effect,
whether the appeal is commenced (or
determined) before or after the passing
of that Act—
and any such proceeding or appeal must be
determined in accordance with this Act as if
section 12(2)(a) had not been amended by
the Retail Tenancies Reform
(Amendment) Act 2001.
(2B) Subject to sub-section (2A), a provision in a
retail premises lease entered into before the
passing of the Retail Tenancies Reform
(Amendment) Act 2001 that uses a fixed
percentage (however expressed) as the basis
or formula on which a rent review is to be
made has, and is deemed always to have had,
the same effect as it would have had if the
Retail Tenancies Reform (Amendment)
Act 2001 had been passed before the lease
was entered into.".
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s. 5
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ENDNOTES
† Minister's second reading speech—
Legislative Council: 9 October 2001
Legislative Assembly: 10 October 2001
The long title for the Bill for this Act was "to amend the Retail
Tenancies Reform Act 1998 with respect to the basis or formula on
which a rent review may be made during the term of a retail premises
lease."
Endnotes
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