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RETAIL LEASES ACT 2003 - NOTES

Version No. 026

No. 4 of 2003

Version incorporating amendments as at
1 October 2020

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Version No. 026

Retail Leases Act 2003

No. 4 of 2003
Version incorporating amendments as at
1 October 2020

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 27 February 2003

Legislative Council: 27 March 2003

The long title for the Bill for this Act was "to provide a new regulatory scheme for retail leases, to amend and repeal the Retail Tenancies Reform Act 1998, to amend the Retail Tenancies Act 1986 and make minor amendments to certain other Acts and for other purposes."

The Retail Leases Act 2003 was assented to on 15 April 2003 and came into operation as follows:

Sections 110–117 at the last moment of 30 June 1998: section 2(4); sections 1 and 2(1)–(3)(5) on 16 April 2003: section 2(1); sections 100–109 on 30 April 2003, immediately before section 118: section 2(2); sections 2(4), 3–48, 51–99 and 118–123 on 1 May 2003: section 2(5); sections 49 and 50 on 1 July 2003: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Retail Leases Act 2003 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Gambling Regulation Act 2003, No. 114/2003

Assent Date:

16.12.03

Commencement Date:

S. 12.1.3(Sch. 6 item 11) on 1.7.04: Government Gazette 1.7.04 p. 1843

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 92) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Retail Leases (Amendment) Act 2005, No. 82/2005

Assent Date:

22.11.05

Commencement Date:

Ss 39–43 on 15.4.03: s. 2(4); ss 4–11, 12(1)–(6)(8), 13–15, 18–22, 24–36, 38, 44 on 1.5.03: s. 2(6); ss 12(7), 16, 17, 23, 37 on 23.11.05: s. 2(1)

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Land Tax Act 2005, No. 88/2005

Assent Date:

29.11.05

Commencement Date:

S. 117(Sch. 2 item 5) on 1.1.06: s. 2

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Statute Law Revision Act 2007, No. 28/2007

Assent Date:

26.6.07

Commencement Date:

S. 3(Sch. item 58) on 27.6.07: s. 2(1)

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:

24.11.09

Commencement Date:

S. 54(Sch. Pt 2 item 44) on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 81) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Consumer Acts Amendment Act 2011, No. 36/2011

Assent Date:

23.8.11

Commencement Date:

S. 39 on 24.8.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:

8.5.12

Commencement Date:

S. 239(Sch. 6 item 37) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Retail Leases Amendment Act 2012, No. 69/2012

Assent Date:

20.11.12

Commencement Date:

Ss 3–8 on 21.11.12: s. 2

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 85) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:

27.6.14

Commencement Date:

S. 33(Sch. item 23) on 30.6.14: s. 2(5)

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:

9.9.14

Commencement Date:

Ss 55–57 on 10.9.14: s. 2(1)

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Small Business Commission Act 2017, No. 16/2017

Assent Date:

10.5.17

Commencement Date:

Ss 32–45 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

Retail Leases Amendment Act 2020, No. 26/2020

Assent Date:

22.9.20

Commencement Date:

Ss 4–8 on 23.9.20: s. 2(1); ss 9–14 on 1.10.20: s. 2(3)

Current State:

This information relates only to the provision/s amending the Retail Leases Act 2003

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    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details

No entries at date of publication.



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