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RETAIL SHOP LEASES ACT 1994 - SECT 35
Confidentiality of lease information
35 Confidentiality of lease information
(1) A specialist retail valuer who obtains information under section 28A or 30
must not— (a) use the information for any purpose other than to determine
the current market rent for the leased shop; and
(b) whether directly or
indirectly, disclose the information to anyone else without the agreement of
the lessor and lessee.
Penalty— Maximum penalty—60 penalty units.
(2) However, subsection (1) (b) does not prevent the valuer from disclosing
information in a way that does not identify a particular lease when specifying
the matters taken into consideration by the valuer in making the
determination.
(3) If the valuer discloses information in contravention of
subsection (1) and the lessor or lessee suffers loss or damage because of the
disclosure, the lessor or lessee is entitled to be paid by the valuer the
reasonable compensation for the loss or damage agreed between the lessor or
lessee and the valuer or, failing agreement, decided by way of the dispute
resolution process.
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