New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 87

87 Regulation-making power

(1) The regulations under any relevant Act may provide for the following matters for the purposes of responding to the public health emergency caused by the COVID-19 pandemic--

(a) prohibiting the recovery of possession of premises by a lessor or owner of premises or land from a lessee or tenant of the premises or land under the relevant Act in particular circumstances,

(b) prohibiting the termination of a lease or tenancy by a lessor or owner of premises or land under the relevant Act in particular circumstances,

(c) regulating or preventing the exercise or enforcement of another right of a lessor or owner of premises or land under the relevant Act or an agreement relating to the premises or land in particular circumstances,

(d) exempting a lessee or tenant, or a class of lessees or tenants, from the operation of a provision of the relevant Act or any agreement relating to the leasing or licensing of premises or land.

(2) The Minister may recommend to the Governor that regulations be made under this section only if--

(a) Parliament is not currently sitting and is not likely to sit within 2 weeks after the day the regulations are made, and

(b) in the Minister's opinion, the regulations are reasonable to protect the health, safety and welfare of lessees or tenants under the Act.

(3) Regulations made under this section are not limited by the regulation-making power in a relevant Act.

(4) Regulations made under this section expire on--

(a) the day that is 6 months after the day on which the regulation commences, or

(b) the earlier day decided by Parliament by resolution of either House of Parliament.

(5) In this section--

"relevant Act" means any of the following--

(a) Agricultural Tenancies Act 1990 ,

(b) Retail Leases Act 1994 ,

(c) any other Act relating to the leasing of premises or land for commercial purposes.