Western Australian Current Acts
[Search this Act]
COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985
TABLE OF PROVISIONS
PART I -- Preliminary
1. Short title
3. Terms used
4. Application of Act
5. Crown bound
PART II -- Retail shop leases
6. Disclosure statement, tenant’s rights if not given by landlord etc.
6A. Tenant guide, tenant’s rights if not in lease etc.
7. Rent based on turnover, provision for in lease is void in some cases
8. Turnover figures of tenant, provision in lease requiring is void in some cases
9. Key-money or goodwill, provision for in lease is void in some cases
10. Tenant’s right to assign lease, landlord’s consent to assignment or sub-lease etc.
11. Rent review, provisions for in lease and conduct of etc.
11A. Information given under s. 11, restrictions on disclosing
12. Landlord’s operating expenses etc., effect of provisions in lease for payment by tenant of
12A. Sinking fund for repairs etc., effect of lease requiring payment by tenant into etc.
12B. Fund for marketing etc. retail shopping centre, effect of lease requiring payment by tenant into etc.
12C. Opening hours, provision in lease for is void etc.
12D. Tenants’ association etc., provision in lease preventing tenant from forming etc. is void etc.
13. Tenant entitled to at least 5 year term in some cases etc.
13A. Head lease modified if inconsistent with lease affected by s. 13(1)
13B. Lease without option to renew etc., parties’ rights under
13C. Lease with option to renew, when option ceases to be exercisable etc.
14. Retail shopping centre shop, lease for deemed to provide for compensation to tenant in some cases
14A. Relocation of tenant’s business, provision in lease for is void in some cases
14B. Landlord’s legal costs of lease etc. not claimable from tenant
14C. Refit etc. of shop, provision in lease requiring tenant to do is void in some cases
15. Provision in lease excluding Act etc. is void etc.
PART IIA -- Unconscionable conduct and misleading or deceptive conduct
Division 1 -- Unconscionable conduct
15A. Terms used
15B. Application of Division
15C. Landlord not to engage in unconscionable conduct
15D. Tenant not to engage in unconscionable conduct
15E. Conduct that is not unconscionable for s. 15C and 15D
15F. SAT’s powers as to unconscionable conduct
Division 2 -- Misleading or deceptive conduct
16A. Term used: misleading or deceptive conduct
16B. Application of Division
16C. Parties to lease not to engage in misleading etc. conduct
16D. SAT’s powers as to misleading etc. conduct
Division 3 -- Reference of questions to State Administrative Tribunal
16. Party to lease may refer question to SAT
PART III -- Powers and procedure for dealing with matters
24. Term used: matter
25A. Resolution of matter using Small Business Development Corporation Act 1983 s. 15C or 15E, request for
25B. Confidential information may be disclosed to Commissioner
25C. Commissioner to issue certificate if matter not resolved etc.
25D. Application to SAT restricted in certain circumstances
25E. Commissioner may intervene in SAT proceeding
25. State Administrative Tribunal Act 2004, relationship of this Part to
26. SAT’s powers to make orders
27. Both court and SAT having jurisdiction, procedure etc. in case of
PART IV -- Miscellaneous
28. Protection from liability for some persons
29. Transitional provisions (Sch. 1)
30A. Small Business Commissioner, functions of
31. Review of Act
SCHEDULE 1 -- Transitional provisions
AustLII: Copyright Policy