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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Retail and Commercial Leases (Rent Threshold for
Application of Act) Amendment Bill 2017
A BILL FOR
An Act to amend the
Retail
and Commercial Leases Act 1995
.
Contents
Part 2—Amendment of Retail and
Commercial Leases Act 1995
3Amendment of section 4—Application of
Act
4Amendment of section
80—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Retail and Commercial Leases (Rent
Threshold for Application of Act) Amendment Act 2017.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Retail and Commercial Leases
Act 1995
3—Amendment
of section 4—Application of Act
Section 4(2)—delete subsection (2) and substitute:
(2) However, this Act does not apply—
(a) after the commencement of this paragraph, to a retail shop
lease—
(i) that was entered into or renewed before 4 April 2011, or
renewed after that date pursuant to a right or option of renewal conferred by a
lease entered into before that date; and
(ii) to which, immediately before 4 April 2011, this Act did not apply by
virtue of the fact that the rent payable under the lease exceeded $250 000
per annum,
if the rent payable under the lease exceeds $250 000 per annum;
or
(b) after the commencement of this paragraph, to a retail shop
lease—
(i) that was entered into or renewed before 4 April 2011, or
renewed after that date pursuant to a right or option of renewal conferred by a
lease entered into before that date; and
(ii) to which, immediately before 4 April 2011, this Act applied by virtue
of the fact that the rent payable under the lease did not exceed $250 000
per annum,
if the rent payable under the lease exceeds $400 000 per annum or, if
a greater amount is prescribed by regulation, that other amount; or
(c) after the commencement of this paragraph, to a retail shop lease
entered into or renewed on or after 4 April 2011 (other than pursuant to a right
or option of renewal conferred by a lease entered into before that date) if the
rent payable under the lease exceeds $400 000 per annum or, if a greater
amount is prescribed by regulation, that other amount; or
(d) to a retail shop lease that is for a term of 1 month or less;
or
(e) to a retail shop lease if the right of occupation arises
under—
(i) an agreement for the sale and purchase of premises; or
(ii) a mortgage; or
(iii) a scheme under which a group of adjacent premises is owned by a
company and the premises comprising the group are let by the company to persons
who jointly have a controlling interest in the company; or
(f) to a retail shop lease if the lessee is—
(i) a public company or a subsidiary of a public company; or
(ii) an ADI; or
(iii) a body corporate authorised by law to carry on the business of
insurance; or
(iv) the Crown or an agency or instrumentality of the Crown in right of
the State, another State or Territory, or the Commonwealth; or
(v) a municipal or district council or other authority with powers and
functions of local government.
4—Amendment
of section 80—Regulations
Section 80—after subsection (3) insert:
(4) A regulation
under this Act may make provision of a saving or transitional nature consequent
on the commencement of specified provisions of this Act or specified regulations
under this Act.