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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA LEGISLATIVE ASSEMBLY (As amended in Committee) COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS AMENDMENT BILL 1997 A BILL FOR AN ACT to amend the Commercial Tenancy (Retail Shops) Agreements Act 1985 and for related purposes. The Parliament of Western Australia enacts as follows: Short title 1. This Act may be cited as the Commercial Tenancy (Retail Shops) Agreements Amendment Act 1997. No. 110 -- 2 Commercial Tenancy (Retail Shops) cl. 2 Agreements Amendment Bill 1997 Commencement 2. This Act comes into operation on such day as is, or days as are respectively, fixed by proclamation. Principal Act 5 3. In this Act, the Commercial Tenancy (Retail Shops) Agreements Act 1985* is referred to as the principal Act. [* Reprinted as at 27 September 1991.] Section 3 amended 4. (1) Section 3 (1) of the principal Act is amended -- 10 (a) by deleting the definition of ''accountant'' and substituting the following definition -- '' ''accountant'' means a member of -- (a) The Institute of Chartered 15 Accountants in Australia; (b) The Australian Society of Certified Practising Accountants; or (c) The National Institute of Accountants; 20 ''; (b) by deleting the definition of ''key-money'' and substituting the following definition -- '' ''key-money'' means -- 25 (a) money that is to be paid by, or at the request or direction of, a tenant; or 2 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 4 (b) any benefit that is to be conferred by, or at the request or direction of, a tenant, by way of a premium or something of a like 5 nature in consideration of the granting of, or agreeing to grant, a lease or the renewal of a lease or the consenting to an assignment of a lease or the sub-leasing of the premises the subject of a lease; 10 ''; (c) in the definition of ''retail shop lease'' by deleting paragraph (a) and ''or'' at the end of that paragraph and substituting the following -- '' 15 (a) the total retail floor area to which that lease applies (including, in the case of a building with 2 or more floor levels, the area of every floor level or part thereof to which that lease applies) exceeds 20 1 000 square metres; or ''; (d) by deleting the definition of ''retail shopping centre'' and substituting the following definition -- '' 25 ''retail shopping centre'' means a cluster of premises -- (a) 5 or more of which are used wholly or predominantly for the carrying on of -- 30 (i) a business involving the sale of goods by retail; or (ii) a specified business; and 3 Commercial Tenancy (Retail Shops) cl. 4 Agreements Amendment Bill 1997 (b) all of which -- (i) have, or upon being leased would have, a common head lessor; or 5 (ii) comprise lots on a single strata plan under the Strata Titles Act 1985, whether the premises are in a single storey building or a multi-level 10 building; ''; and (e) by inserting in the appropriate alphabetical positions the following definitions -- 15 '' ''accounting year'' in relation to a lease, means the accounting year specified in the lease or, if not so specified, a financial year; ''management fees'' means fees in respect of 20 costs for or incidental to the collection of rent or other moneys or the management of premises including, but not limited to, such of those costs -- (a) in respect of -- 25 (i) management offices; (ii) plant and equipment; (iii) staff; and (b) as are of a kind prescribed; 4 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 4 ''retail floor area'', in relation to a retail shop, means the floor area of the retail shop designed and available for use for the carrying on of business in the retail shop; 5 ''total lettable area'', in relation to a retail shopping centre, means the aggregate of the retail floor areas of the retail shops (or areas set aside for retail shops) in the retail shopping centre; 10 ''. (2) Section 3 (3) of the principal Act is repealed and the following subsection is substituted -- '' (3) A reference in this Act to a question arising under a 15 retail shop lease includes a reference to -- (a) a question whether or not a lease exists or has existed; (b) a question whether or not a lease is or was a retail shop lease; 20 (c) a question arising -- (i) in relation to any communication, including a disclosure statement under section 6, between the parties to the retail shop lease, prior to their entry into the retail shop 25 lease, which communication was material to the terms and conditions of the retail shop lease; or (ii) in relation to the retail shop lease under a provision of this Act; 5 Commercial Tenancy (Retail Shops) cl. 5 Agreements Amendment Bill 1997 (d) a matter that is in dispute between the landlord and the tenant under section 12 in relation to -- (i) operating expenses of the landlord under the retail shop lease generally; 5 (ii) an allocation made under section 12 (1) (b) of the proportion of those operating expenses; or (iii) a determination of the relevant proportion for the purposes of section 12; 10 or (e) any other matter that is in dispute between the landlord and the tenant in connection with the retail shop lease, whether or not that matter is dealt with by the provisions of the retail shop 15 lease. ''. Section 6A inserted 5. After section 6 of the principal Act the following section is inserted -- 20 '' Tenant guide 6A. (1) Where a retail shop lease is entered into and the retail shop lease does not incorporate a tenant guide in accordance with subsection (4), the tenant may, in addition 25 to exercising any other right, do either or both of the following -- (a) within 60 days after the lease was entered into, give to the landlord written notice of termination of the lease; 6 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 5 (b) apply in writing to the Tribunal for an order that the landlord pay compensation to the tenant in respect of pecuniary loss suffered by the tenant as a result of the failure to incorporate the 5 tenant guide in the retail shop lease in accordance with subsection (4). (2) Where the tenant under a retail shop lease gives to the landlord a notice of termination under subsection (1) the lease terminates upon the expiry of a period of 14 days 10 after the notice was given. (3) In addition to exercising the tenant's rights under subsection (1) (b), the tenant may, after the expiry of the period referred to in subsection (1) (a), apply in writing to the Tribunal for an order that the retail shop lease be 15 terminated. (4) The tenant guide shall be in the prescribed form and located in the prescribed position in the retail shop lease. (5) Where the tenant under a retail shop lease (in this 20 subsection referred to as ''the outgoing tenant'') assigns the lease to another person (in this subsection referred to as ''the incoming tenant''), nothing in this section gives to the incoming tenant a right to terminate the lease that the outgoing tenant would not have had if he or she had 25 continued as the tenant under the lease. (6) The tenant guide is not required to be included -- (a) on the renewal of a retail shop lease under an option (including the option arising by reason of section 13 (1)); or 30 (b) on the assignment of a retail shop lease. ''. 7 Commercial Tenancy (Retail Shops) cl. 6 Agreements Amendment Bill 1997 Section 10 amended 6. Section 10 (3) of the principal Act is repealed and the following subsections are substituted -- '' 5 (3) A provision in a retail shop lease to the effect that the landlord may withhold consent to an assignment of the lease by a tenant unless the tenant or a guarantor of the tenant, agrees to pay any moneys that are payable under the lease by the person to whom it is proposed to assign the 10 lease is void. (4) A provision in a retail shop lease to the effect that the landlord or a person claiming through the landlord may recover from the assignor or from a guarantor of the assignor, any moneys that are payable under the lease by 15 the tenant to whom the lease has been assigned is void. (5) In this section -- ''assignor'' means a tenant who assigns a lease in accordance with this section; ''guarantor'' means a person who has guaranteed the 20 performance by a tenant of the tenant's obligations under a retail shop lease or a person who has indemnified a landlord against any loss the landlord may incur as a result of the failure by a tenant to comply with those obligations; 25 ''moneys payable under the lease'' includes moneys recoverable by action under the lease. ''. 8 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 7 Section 11 amended 7. (1) Section 11 (1) of the principal Act is amended by deleting ''the basis on which or the formula by which'' and substituting the following -- 5 '' , in respect of each occasion on which the review is to be made, a single basis on which ''. (2) Section 11 (2) of the principal Act is repealed and the 10 following subsections are substituted -- '' (2) If a retail shop lease provides for the review during the currency of the retail shop lease of the amount of rent payable under the retail shop lease having regard to the 15 market rent of the retail shop concerned -- (a) that market rent shall, for that purpose, be taken to be the rent obtainable at the time of that review in a free and open market as if, all the relevant factors, matters or variables used in 20 proper land valuation practice having been taken into account, that retail shop were vacant and to let on similar terms as are contained in the current retail shop lease; (b) unless specific provision is made in the retail 25 shop lease for the time at which a review may be initiated, a party to the retail shop lease may not more than 3 months before the date on which that review is to be carried out and not more than 6 months after that date, initiate the 30 review by notice in writing served on the other party to the retail shop lease; and 9 Commercial Tenancy (Retail Shops) cl. 7 Agreements Amendment Bill 1997 (c) a provision in the retail shop lease purporting to preclude the increase or reduction of that market rent or to limit the extent to which that market rent may be increased or reduced is void. 5 (2a) A provision in a retail shop lease purporting to preclude the tenant from voluntarily disclosing the rent under the lease is void. ''. (3) After section 11 (3) of the principal Act the following 10 subsection is inserted -- '' (3a) If the parties to a retail shop lease referred to in subsection (3) do not agree on the rent payable as a result of the review concerned, the rent payable immediately 15 before that review shall not be increased or reduced before the question is resolved or determined under this section, but nothing in this subsection prevents any increase or reduction in rent which takes place after that resolution or determination from being due and payable with effect from 20 the date of that review. ''. (4) Section 11 (5) of the principal Act is amended by deleting ''resolution'' and substituting the following -- '' determination ''. 25 (5) After section 11 (5) of the principal Act the following subsections are inserted -- '' (6) In determining a question under subsection (5), the Registrar shall act according to equity, good conscience and 30 the substantial merits of the case without regard to technicalities or legal forms, and shall not be bound by the rules of evidence, but may inform himself or herself on any matter in such manner as the Registrar thinks fit. 10 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 8 (7) For the purpose of determining a question under subsection (5) the Registrar may require the parties to furnish to the Registrar such valuations, documents or other information as the Registrar thinks fit and the parties 5 shall comply with any such requirement. ''. Section 12 amended 8. (1) Section 12 (1) of the principal Act is repealed and the following subsections are substituted -- 10 '' (1) If provision is made in a retail shop lease for payment by the tenant, in addition to rent, of all or any of the operating expenses of the landlord -- (a) the amount payable by the tenant under the 15 retail shop lease is limited to the items of operating expenses that the retail shop lease specifies are to be paid wholly or in part by the tenant and does not include an amount in respect of which the retail shop lease does not 20 specify both -- (i) how that amount is to be determined and, when applicable, apportioned to the tenant; and (ii) how and when that amount is to be paid by 25 the tenant; (b) the proportion of those operating expenses payable by the tenant under the retail shop lease shall not be greater than the relevant proportion without the approval of the Registrar; 11 Commercial Tenancy (Retail Shops) cl. 8 Agreements Amendment Bill 1997 (c) where -- (i) the premises the subject of the retail shop lease are adjacent to, or form a cluster with, one or more other premises which 5 have or, on being leased, would have a common head lessor and are grouped together for the purpose of allocating to each of those premises a portion of operating expenses; and 10 (ii) any part of the operating expenses is expenditure incurred as a result of some only of the premises in the cluster being open outside the standard trading hours, the retail shop lease shall be taken to provide 15 that a tenant whose retail shop was not so open is not required to make any payment of, and the landlord is not entitled to recover, the expenditure referred to in subparagraph (ii); and (d) the retail shop lease shall be taken to provide 20 that -- (i) the tenant is not required to make any payment of, and the landlord is not entitled to recover, any such operating expenses in respect of a year or part of a year until at 25 least one month after the landlord has given to the tenant annual estimates of expenditure under each item of operating expenses in respect of the year; and (ii) the landlord is required to give to the 30 tenant a written statement in accordance with subsection (1a) (an ''operating expenses statement'') that details all expenditure by the landlord in each 12 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 8 accounting period of the landlord during the term of the lease on account of operating expenses to which the tenant is required to contribute. 5 (1a) An operating expenses statement -- (a) is to be given to the tenant within 3 months after the end of the accounting period to which it relates; (b) if the relevant retail shop is in a retail shopping 10 centre, must include a statement of the current total lettable area of the retail shopping centre and details of any material change in that total lettable area during the period to which the statement relates; 15 (c) is to be prepared in accordance with relevant principles and disclosure requirements of the applicable accounting standards made by the Australian Accounting Standards Board, as in force from time to time; 20 (d) may be a composite statement (that is, it may relate to more than one tenant) if each tenant to which it relates is able to ascertain from the statement the information required by subsection (1) (d) (ii) that is relevant to that tenant; and 25 (e) is to be accompanied by a report on the statement prepared by a registered company auditor within the meaning of the Corporations Law which includes a statement by the auditor as to whether or not the operating expenses 30 statement correctly states expenditure by the landlord during the accounting period concerned 13 Commercial Tenancy (Retail Shops) cl. 8 Agreements Amendment Bill 1997 in respect of operating expenses to which the tenant is required to contribute, and as to whether or not the total amount of estimated operating expenses for that period (as shown in 5 the estimate of operating expenses given to the tenant) exceeded the total actual expenditure by the landlord in respect of those operating expenses during that period. (1b) The landlord shall bear half of the cost of an audit 10 referred to in subsection (1a) (e) and the other half of that cost shall be borne by -- (a) the tenant to whose premises that audit relates; or (b) if there is more than one tenant to whose 15 premises that audit relates, jointly in the relevant proportions. (1c) An operating expenses statement is not required to be accompanied by an auditor's report if the statement does not relate to any operating expenses other than land tax 20 (unless subsection (1g) applies), water, sewerage and drainage charges, local government rates and charges or insurance premiums and it is accompanied by copies of assessments, invoices, receipts or other proof of payment in respect of all expenditure by the landlord referred to in 25 subsection (1) (d) (ii). (1d) If a landlord does not comply with the requirement referred to in subsection (1) (d) (ii), the tenant is not obliged to pay, and the landlord is not entitled to recover, operating expenses from the date of that non- 30 compliance until the landlord complies with that requirement. 14 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 8 (1e) A tenant under a retail shop lease in respect of premises in a retail shopping centre -- (a) is not liable to contribute towards an operating expense of the landlord that is not specifically 5 referable to any particular retail shop in the retail shopping centre unless the shop is one of the shops to which the operating expense is referable; and (b) is not liable to contribute an amount in excess of 10 an amount calculated by multiplying the total amount of that operating expense by the proportion that the retail floor area of the shop bears to the aggregate of the retail floor areas of all the retail shops in the retail shopping centre 15 to which the operating expense is referable. (1f) If there is a provision in a retail shop lease in respect of any premises to the effect that the tenant is obliged to make a payment to or for the benefit of the landlord for management fees, the landlord is not entitled 20 to recover, and the tenant is not obliged to make, that payment. (1g) If provision is made in a retail shop lease for payment by the tenant of all or any of the land tax or metropolitan region improvement tax imposed in relation to 25 the land on which the retail shop is situated it is a term of that retail shop lease that the tenant shall only be obliged to pay, and the landlord shall only be able to recover, whether directly or indirectly, from the tenant in relation to that land -- 30 (a) where the premises the subject of the retail shop lease comprise the whole of the land, the notional land tax imposed; and 15 Commercial Tenancy (Retail Shops) cl. 8 Agreements Amendment Bill 1997 (b) where the premises the subject of the retail shop lease do not comprise the whole of the land, the relevant proportion of the notional land tax imposed. 5 ''. (2) After section 12 (2) of the principal Act the following subsection is inserted -- '' (3) In this section and section 12A -- 10 ''land tax'' means tax imposed by the Land Tax Act 1976; ''metropolitan region improvement tax'' means metropolitan region improvement tax under the Metropolitan Region Town Planning Scheme 15 Act 1959; ''notional land tax'' means land tax and metropolitan region improvement tax calculated on the basis that the land on which the tax is assessed is the only land of which the landlord is 20 the owner within the meaning of that term in the Land Tax Assessment Act 1976; ''operating expenses'', in relation to a landlord, means expenses of the landlord in operating, repairing or maintaining -- 25 (a) a building of which a retail shop the subject of a retail shop lease to which the landlord is a party forms the whole or a part; or (b) if that retail shop is in a retail shopping centre, the building or buildings of which a 30 retail shop the subject of a retail shop lease to which the landlord is a party forms the whole or a part and the common area, and includes, if a strata titles levy is imposed on the landlord, that part of the levy which relates 16 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 8 to expenses of the landlord in operating, repairing or maintaining the building or buildings of which the retail shop forms part or that building or those buildings and the common 5 area, as the case requires; ''referable'', in relation to an operating expense for a retail shop, means the retail shop enjoys or shares the benefit resulting from the operating expense; 10 ''relevant proportion'', in relation to a retail shop, means -- (a) where the retail shop is situated in a retail shopping centre, the proportion that the retail floor area of the retail shop bears to 15 the total lettable area of the retail shopping centre at the commencement of the accounting year; or (b) where the retail shop is adjacent to, or forms a cluster with, one or more other 20 premises which have or, on being leased, would have a common head lessor and are grouped together for the purpose of allocating to each of those premises a portion of an item of operating expenses, 25 the proportion that the retail floor area of the retail shop bears to the total lettable area of the premises in the cluster at the commencement of the accounting year; ''standard trading hours'' means the hours 30 prescribed for the purposes of subsection (1) (c); ''strata titles levy'' means a contribution levied under section 36 of the Strata Titles Act 1985. ''. 17 Commercial Tenancy (Retail Shops) cl. 9 Agreements Amendment Bill 1997 Sections 12A, 12B and 12C inserted 9. After section 12 of the principal Act the following sections are inserted -- '' 5 Sinking funds 12A. (1) This section applies if provision is made in a retail shop lease in respect of premises in a retail shopping centre for payments to be made by the tenant into a sinking fund for repairs or maintenance 10 or any similar purpose. (2) The purpose of the sinking fund is to be specified in the retail shop lease. (3) The lease shall be taken to provide that -- (a) the landlord is to, as soon as practicable, 15 pay amounts paid by the tenant for the credit of the sinking fund into one or more appropriately designated interest bearing accounts held by the landlord with a bank or society in the State; 20 (b) the landlord may only apply amounts standing to the credit of the sinking fund and interest earned on the fund for -- (i) the purpose mentioned in subsection (2); 25 (ii) taxes and imposts payable on the fund; (iii) the cost of an audit referred to in paragraph (c) (iii); and 18 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 9 (iv) accounting, legal and other professional costs reasonably incurred in the preparation and approval of the scheme of repayment referred to in 5 paragraph (e); (c) the landlord is to -- (i) keep full and accurate accounts of all money received or held by the landlord in respect of the sinking 10 fund; (ii) keep the accounts in such manner that they can be conveniently and properly audited; (iii) at the end of each accounting year 15 cause the accounts to be audited by an auditor who is a registered company auditor within the meaning of the Corporations Law; and (iv) within 3 months after the end of each 20 accounting year deliver a copy of that report to the tenant; (d) subject to subsection (5), the landlord is liable to pay into the sinking fund any deficiency attributable to the failure by the 25 landlord or any predecessor in title of the landlord to comply with paragraph (a) or (b); and (e) if the retail shopping centre is destroyed, demolished or ceases to operate the 30 landlord is to -- (i) prepare a scheme of repayment detailing -- (I) the amount standing to the credit of the sinking fund 19 Commercial Tenancy (Retail Shops) cl. 9 Agreements Amendment Bill 1997 (including any interest earned on the fund); (II) the relevant proportion of that amount to which each former 5 tenant is entitled; and (III) the way in which the landlord proposes to distribute that amount based upon the relevant proportion; 10 and (ii) submit the scheme of repayment to the Registrar for approval under subsection (4). (4) The Registrar is to examine a scheme of 15 repayment submitted under subsection (3) (e) (ii) and may approve the scheme or require such amendments to be made to the scheme as the Registrar thinks fit and the landlord is to repay to each former tenant the amount set forth in the scheme of repayment or 20 amended scheme of repayment, as the case requires. (5) A landlord is only liable for a deficiency under subsection (3) (d) in respect of a claim for that deficiency notified to the landlord by the tenant within a period of 3 years following the receipt by the tenant 25 of the copy of the report of the auditor referred to in subsection (3) (c) (iv) disclosing the deficiency. (6) If a landlord does not comply with the requirement referred to in subsection (3) (c) (iv), the tenant is not obliged to pay, and the landlord is not 30 entitled to recover, payments to the sinking fund from the date of that non-compliance until the landlord complies with that requirement. 20 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 9 (7) In this section and in section 12B -- ''bank'' means -- (a) a bank as defined in section 5 of the Banking Act 1959 of the 5 Commonwealth; or (b) a bank constituted by or under a law of the State; ''former tenant'' in relation to premises means the last tenant to carry on business at 10 those premises; ''society'' means a society or foreign society within the meaning of the Financial Institutions (Western Australia) Code. Contribution to other funds and reserves by 15 tenants 12B. (1) This section applies if provision is made in a retail shop lease in respect of premises in a retail shopping centre for payments to be made by the tenant into a fund (other than a fund referred to in 20 section 12A) or a reserve for marketing or promotion of the retail shopping centre or any similar purpose. (2) The purpose of the fund or reserve is to be specified in the retail shop lease. (3) The lease shall be taken to provide that -- 25 (a) the landlord is to, as soon as practicable, pay amounts paid by the tenant for the credit of the fund or reserve into one or more appropriately designated interest bearing accounts held by the landlord with 30 a bank or society in the State; 21 Commercial Tenancy (Retail Shops) cl. 9 Agreements Amendment Bill 1997 (b) the landlord may only apply amounts standing to the credit of the fund or reserve and interest earned on the fund or reserve for -- 5 (i) the purpose mentioned in subsection (2); (ii) taxes and imposts payable on the fund or reserve; (iii) the cost of an audit referred to in 10 paragraph (c) (iii); and (iv) accounting, legal and other professional costs reasonably incurred in the preparation and approval of the scheme of repayment referred to in 15 paragraph (e); (c) the landlord is to -- (i) keep full and accurate accounts of all money received or held by the landlord in respect of the fund or 20 reserve; (ii) keep the accounts in such manner that they can be conveniently and properly audited; (iii) at the end of each accounting year 25 cause the accounts to be audited by an auditor who is a registered company auditor within the meaning of the Corporations Law; and (iv) within 3 months after the end of each 30 accounting year deliver a copy of that report to the tenant; 22 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 9 (d) subject to subsection (5), the landlord is liable to pay into the fund or reserve any deficiency attributable to the failure by the landlord or any predecessor in title of the 5 landlord to comply with paragraph (a) or (b); and (e) if the retail shopping centre is destroyed, demolished or ceases to operate the landlord is to -- 10 (i) prepare a scheme of repayment detailing -- (I) the amount standing to the credit of the fund or reserve (including any interest earned 15 on the fund or reserve); (II) the proportion of that amount to which each former tenant is entitled; and (III) the way in which the landlord 20 proposes to distribute that amount; and (ii) submit the scheme of repayment to the Registrar for approval under 25 subsection (4). (4) The Registrar is to examine a scheme of repayment submitted under subsection (3) (e) (ii) and may approve the scheme or require such amendments to be made to the scheme as the Registrar thinks fit 30 and the landlord is to repay to each former tenant the amount set forth in the scheme of repayment or amended scheme of repayment, as the case requires. 23 Commercial Tenancy (Retail Shops) cl. 9 Agreements Amendment Bill 1997 (5) A landlord is only liable for a deficiency under subsection (3) (d) in respect of a claim for that deficiency notified to the landlord by the tenant within a period of 3 years following the receipt by the tenant 5 of the copy of the report of the auditor referred to in subsection (3) (c) (iv) disclosing the deficiency. (6) If a landlord does not comply with the requirement referred to in subsection (3) (c) (iv), the tenant is not obliged to pay, and the landlord is not 10 entitled to recover, payments to the fund or reserve from the date of that non-compliance until the landlord complies with that requirement. Hours of operation 12C. (1) A provision in a retail shop lease which 15 requires a tenant to open the retail shop the subject of the lease at specified hours or specified times is void. (2) Where -- (a) a landlord has refused to renew a retail shop lease; and 20 (b) the tenant under the retail shop lease believes that the refusal was because the tenant did not open the retail shop the subject of the lease at specified hours or specified times, 25 the tenant may apply in writing to the Tribunal for an order that the landlord pay compensation to the tenant in respect of pecuniary loss suffered by the tenant as a result of the failure to renew the retail shop lease. 30 ''. 24 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 10 Section 24 amended 10. After section 24 (a) of the principal Act the following paragraph is inserted -- '' 5 (aa) an application by a tenant for an order under section 6A (1) (b), 6A (3) or 12C (2); ''. Section 26 amended 11. After section 26 (1a) of the principal Act the following 10 subsection is inserted -- '' (1aa) The Tribunal may, where it considers it appropriate to do so, make an order terminating a retail shop lease under section 6A. 15 ''. Section 30 amended 12. Section 30 of the principal Act is amended -- (a) by inserting after the section designation ''30.'' the subsection designation ''(1)''; and 20 (b) by inserting the following subsection -- '' (2) Regulations made under subsection (1) prescribing standard trading hours for the purposes of section 12 (1) (c) may prescribe those 25 standard trading hours generally or in relation to -- (a) a specified class or classes of retail shop; 25 Commercial Tenancy (Retail Shops) cl. 13 Agreements Amendment Bill 1997 (b) a specified part or parts of the State; or (c) a specified time or times of the year. ''. 5 Section 31 amended 13. Section 31 (1) of the principal Act is amended by deleting ''this Act'' where it first occurs and substituting the following -- '' section 3 of the Commercial Tenancy (Retail Shops) 10 Agreements Amendment Act 1997 ''. Saving and transitional 14. (1) In this section -- ''existing lease'' in relation to a provision of this Act 15 means a retail shop lease entered into -- (a) before the coming into operation of that provision; or (b) pursuant to an option granted in a retail shop lease entered into before the coming into 20 operation of that provision, but does not include a retail shop lease to which the provision does not apply by reason of section 4 of the principal Act; ''new lease'' in relation to a provision of this Act means a 25 retail shop lease entered into on or after the coming into operation of that provision and -- (a) includes an extension of the term of a retail shop lease entered into before the coming into operation of that provision if the extension is 30 granted on or after the coming into operation of that provision; but 26 Commercial Tenancy (Retail Shops) Agreements Amendment Bill 1997 cl. 14 (b) does not include a retail shop lease so entered into pursuant to an option granted in a retail shop lease entered into before the coming into operation of that provision; 5 ''retail shop lease'' has the same meaning as it has in the principal Act. (2) Subject to subsection (3), the principal Act as amended by a provision of this Act applies only to and in relation to a new lease and the principal Act applies to and in relation to an 10 existing lease as if that provision had not been enacted. (3) Each of -- (a) section 3 (1) of the principal Act as amended by section 4 (1) (a) of this Act, only in relation to the insertion of the definition of ''accountant''; 15 (b) section 3 (3) of the principal Act as inserted by section 4 (2) of this Act; (c) section 11 (3a) of the principal Act as inserted by section 7 (3) of this Act; (d) section 11 (5) of the principal Act as amended by 20 section 7 (4) of this Act; and (e) section 11 (6) and (7) of the principal Act as inserted by section 7 (5) of this Act, applies to and in relation to an existing lease and a new lease. (4) This section applies despite an agreement to the contrary 25 between the parties to a retail shop lease whether or not the agreement is contained in the retail shop lease. 27 Commercial Tenancy (Retail Shops) cl. 14 Agreements Amendment Bill 1997 (5) This section does not affect the operation of section 22 (1) of the Commercial Tenancy (Retail Shops) Agreements Amendment Act 1990.
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