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This is a Bill, not an Act. For current law, see the Acts databases.


RETAIL AND COMMERCIAL LEASES (RENT THRESHOLD FOR APPLICATION OF ACT) AMENDMENT BILL 2017

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 1—Preliminary


1Short title


2Amendment provisions


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:

Part 1—Preliminary

1—Short title

This Act may be cited as the Retail and Commercial Leases (Rent Threshold for Application of Act) Amendment Act 2017.

2—Amendment provisions

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.

 


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