Victorian Numbered Acts

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RETAIL LEASES AMENDMENT ACT 2020 (NO. 26 OF 2020) - SECT 9

Provision of landlord's disclosure statement and proposed lease

    (1)     For the heading to section 17 of the Retail Leases Act 2003 substitute

" Provision of landlord's disclosure statement and proposed lease ".

    (2)     For section 17(1) of the Retail Leases Act 2003 substitute

    "(1)     The landlord, at least 14 days before entering into a retail premises lease, must give the tenant—

        (a)     a disclosure statement in the prescribed form (but the layout of the statement need not be the same as the prescribed disclosure statement); and

        (b)     a copy of the proposed lease in writing, including particulars of the tenant, the rent and the term of the proposed lease.".

    (3)     After section 17(1A) of the Retail Leases Act 2003 insert

    "(1B)     If the proposed lease given to the tenant contains any changes to the previous copy of the lease given to the tenant, the landlord must notify the tenant of the changes when the proposed lease is given to them.

Penalty:     In the case of a natural person, 50 penalty units;

    In the case of a body corporate, 250 penalty units.

    (1C)     If the landlord gives the tenant the disclosure statement and proposed lease less than 14 days before the lease is to be entered into, the term of the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the tenant.".

    (4)     In section 17(7) of the Retail Leases Act 2003 omit "substantially".



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