New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 16A

16A Definitions

(1) In this Part--

"approved form" means a form approved by the Secretary.

"authorised officer" means--

(a) the Secretary, or

(b) a person appointed by the Secretary to be an authorised officer--

(i) for the purposes of this Part generally, or

(ii) for the purposes of a particular provision of this Part in which the expression is used.

"prescribed proceedings" means--

(a) proceedings in a court (other than a prosecution) or before the Tribunal in relation to any matter which, under the terms or conditions of a lease, could, but for this Part, have given rise to a claim in relation to a security bond deposited or paid in accordance with those terms or conditions, or

(b) mediation of a retail tenancy dispute concerning such a claim.

"security bond" , in relation to a lease or proposed lease, means an amount of money that--

(a) was (before or after the lease became, or the proposed lease becomes, binding on the parties) deposited with or paid to--

(i) the lessor, or

(ii) another person, in accordance with the directions of the lessor or the terms or conditions of the lease or proposed lease, or

(iii) another person acting on behalf of the lessor, and

(b) was so deposited or paid in such a way that the effect is to secure, otherwise than by payment of rent in advance, the lessor against any failure by a lessee to comply with any terms or conditions (irrespective of whether those terms or conditions are related to payment of rent or not) applying to or in connection with the lease or proposed lease.

(2) An amount of money deposited with or paid to a person as referred to in paragraph (a) (ii) or (iii) of the definition of
"security bond" in subsection (1) in respect of a lease is, for the purposes of section 16C, taken to be deposited with or paid to the lessor under that lease.

(3) For the purposes of the definition of
"security bond" in subsection (1), where--

(a) money is deposited or paid as referred to in that definition in relation to a proposed lease, and

(b) a lease between the parties, and of the premises, to which the proposal relates is entered into,

the lease entered into is taken to be the lease proposed at the time the money is deposited or paid, whether or not the lease entered into differs from the lease proposed at that time.