Victorian Current Acts

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RETAIL LEASES ACT 2003 - SECT 94

The Act prevails over retail premises leases, agreements etc.

    (1)     A provision of a retail premises lease or of an agreement (whether or not the agreement is between parties to a retail premises lease) is void to the extent that it is contrary to or inconsistent with anything in this Act (including anything that the lease is taken to include or provide because of a provision of this Act).

    (2)     A provision of a retail premises lease or of an agreement (whether or not the agreement is between parties to a retail premises lease) is void to the extent that it purports—

        (a)     to exclude the application of a provision of this Act; or

        (b)     to limit the right of a party to the lease to seek resolution of a retail tenancy dispute under Part 10 or otherwise to limit the application of that Part.

    (3)     A provision contained in any other agreement or arrangement (whether or not between parties to a retail premises lease) is void if that provision would be void under this Act if it were contained in a retail premises lease.

S. 94A inserted by No. 82/2005 s. 37.



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