Queensland Consolidated Acts

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Limitation of compensation amount

44A Limitation of compensation amount

(1) An agreement under a retail shop lease or under an assignment of a retail shop lease about compensation payable under this division is void to the extent it limits the amount of compensation.
(2) However, a provision of a retail shop lease may limit a claim for compensation for an anticipated disturbance that occurs within 1 year from the date the lease is entered into if, before the lease is entered into, the lessor gives the lessee a written notice.
(3) The notice must include the following particulars—
(a) a specific description of the nature of the anticipated disturbance on the lessee;
(b) a statement assessing the likelihood of the anticipated disturbance occurring, including an indication of the basis on which the assessment was reached;
(c) a statement of the timing, duration and effect of the anticipated disturbance, so far as they can be predicted.
(4) A notice that includes a general statement to the effect that an anticipated disturbance may occur without setting out the particulars referred to in subsection (3) is not a notice for the purpose of subsection (2) .
(5) In this section—

"anticipated disturbance" means an action or omission in relation to which a lessor is liable to pay the lessee compensation under section 43 (1) (a) to (e) .

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