Western Australian Current Acts Western Australian Current Acts[s. 29]
[Heading inserted: No. 59 of 2011 s. 25.]
[Heading inserted: No. 59 of 2011 s. 25.]
1 . Interpretation Act 1984 not affected
This Schedule does not
affect the operation of the Interpretation Act 1984 Part V.
[Clause 1 inserted: No. 59 of 2011 s. 25.]
(1) Regulations may
prescribe all matters that are required or necessary or convenient to be
prescribed for dealing with any issue or matter of a savings or transitional
nature —
(a) that
arises as a result of the amendment of this Act by another Act (an amending
Act ); and
(b) for
which there is no sufficient provision in this Act or the amending Act.
(2) Regulations made
under this clause may provide that specified provisions of this Act do not
apply, or apply with modifications specified in the regulations, to or in
relation to any matter.
(3) Regulations made
under this clause may provide that a state of affairs specified in the
regulations is to be taken to have existed, or not to have existed, on and
from a day that is earlier than the day on which the regulations come into
operation but not earlier than the day on which the relevant amending Act, or
the relevant provision or provisions of that Act, came into operation.
(4) If the regulations
contain a provision referred to in subclause (3), the provision does not
operate so as —
(a) to
affect in a manner prejudicial to any person (other than the State), the
rights of that person existing before the regulations commenced; or
(b) to
impose liabilities on any person (other than the State) in respect of anything
done or omitted to be done before the regulations commenced.
[Clause 2 inserted: No. 59 of 2011 s. 25.]
Division 2 — Provisions for Commercial Tenancy (Retail Shops) Agreements
Amendment Act 2011
[Heading inserted: No. 59 of 2011 s. 25.]
In this Division
—
2011 amending Act means the Commercial Tenancy
(Retail Shops) Agreements Amendment Act 2011 ;
commencement day , in relation to a provision of
this Act referred to in clause 4, means the day on which —
(a) the
provision of the 2011 amending Act that inserted the provision referred to in
clause 4 came into operation; or
(b) the
provision of the 2011 amending Act that amended the provision referred to in
clause 4 came into operation;
existing lease means a lease that —
(a)
immediately before the commencement of the 2011 amending Act section 5, was
not a retail shop lease within the meaning of this Act as in force at that
time; and
(b) was
entered into —
(i)
before the commencement of the 2011 amending Act section
5; or
(ii)
pursuant to an option granted or agreement made before
the commencement of the 2011 amending Act section 5;
existing retail shop lease , in relation to a
provision of this Act referred to in clause 4, means a retail shop lease that
was entered into —
(a)
before the commencement day; or
(b)
pursuant to an option granted, whether directly or by operation of section 13,
or agreement made before the commencement day.
[Clause 3 inserted: No. 59 of 2011 s. 25.]
4 . Application of 1985 Act to existing retail
shop lease
Despite the amendments
effected by the 2011 amending Act —
(a) the
following provisions do not apply to, or in relation to, an existing retail
shop lease —
(i)
section 12(3A) of this Act as inserted by section 10(4)
of the 2011 amending Act;
(ii)
sections 14A and 14C of this Act, as inserted by section
14 of the 2011 amending Act; and
and
(b) the
following provisions continue to apply to, and in relation to, an existing
retail shop lease —
(i)
section 6 of this Act, as in force immediately before
being amended by section 7 of the 2011 amending Act; and
(ii)
section 13 of this Act, as in force immediately before
being amended by section 11 of the 2011 amending Act.
[Clause 4 inserted: No. 59 of 2011 s. 25.]
5 . 1985 Act does not apply to existing lease that
becomes retail shop lease on 1 Jan 2013
This Act does not
apply to, or in relation to, an existing lease that, immediately after the
commencement of the 2011 amending Act section 5, is a retail shop lease within
the meaning of this Act as in force at that time.
[Clause 5 inserted: No. 59 of 2011 s. 25.]
This Division applies
despite an agreement to the contrary between the parties to a retail shop
lease whether or not the agreement is contained in the retail shop lease.
[Clause 6 inserted: No. 59 of 2011 s. 25.]
This is a compilation of the Commercial Tenancy (Retail Shops) Agreements Act
1985 and includes amendments made by other written laws. For provisions that
have come into operation and for information about any reprints, see the
compilation table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
43 of 1985 |
13 May 1985 |
s. 1 and 2: 13 May 1985; | |
|
Commercial Tenancy (Retail Shops) Agreements Amendment Act (No. 2) 1985 |
49 of 1985 |
28 Oct 1985 |
1 Sep 1985 (see s. 2) |
|
Commercial Tenancy (Retail Shops) Agreements Amendment Act 1990 1 |
48 of 1990 |
30 Nov 1990 |
30 Nov 1990 (see s. 2) |
|
Reprint of the Commercial Tenancy (Retail Shops) Agreements as at 27 Sep 1991
(includes amendments listed above) | |||
|
Acts Amendment (Franchise Fees) Act 1997 Pt. 3 |
56 of 1997 |
12 Dec 1997 |
31 Jan 1998 (see s. 2 and Gazette 30 Jan 1998 p. 577) |
|
Lotteries Commission Amendment Act 1998 s. 23 |
26 of 1998 |
30 Jun 1998 |
22 Jul 1998 (see s. 2 and Gazette 21 Jul 1998 p. 3825) |
|
Commercial Tenancy (Retail Shops) Agreements Amendment Act 1998 2 |
66 of 1998 |
15 Jan 1999 |
s. 1 and 2: 15 Jan 1999; |
|
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 65 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and Gazette 30 Jun 1999 p. 2905) |
|
Reprint of the Commercial Tenancy (Retail Shops) Agreements as at 21 Jul 2000
(includes amendments listed above) | |||
|
Corporations (Consequential Amendments) Act 2001 Pt. 12 and s. 220 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13
Jul 2001 No. S285) |
|
Taxation Administration (Consequential Provisions) Act 2002 s. 10 3 |
45 of 2002 |
20 Mar 2003 |
1 Jul 2003 (see s. 2 and Gazette 27 Jun 2003 p. 2383) |
|
Acts Amendment (Equality of Status) Act 2003 Pt. 5 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Pt. 2 Div. 21 4, 5 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
|
Retail Shops and Fair Trading Legislation Amendment Act 2006 Pt. 3 |
47 of 2006 |
4 Oct 2006 |
11 May 2007 (see s. 2 and Gazette 11 May 2007 p. 2017) |
|
Reprint 3: The Commercial Tenancy (Retail Shops) Agreements as at 8 Jun 2007
(includes amendments listed above) | |||
|
Acts Amendment (Justice) Act 2008 Pt. 4 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253) |
|
Small Business and Retail Shop Legislation Amendment Act 2011 Pt. 3 |
20 of 2011 |
11 Jul 2011 |
24 Mar 2012 (see s. 2(b) and Gazette 23 Mar 2012 p. 1363) |
|
Commercial Tenancy (Retail Shops) Agreements Amendment Act 2011 |
59 of 2011 |
14 Dec 2011 |
s. 1 and 2: 14 Dec 2011 (see s. 2(a)); |
|
Reprint 4: The Commercial Tenancy (Retail Shops) Agreements as at 18 Jan 2013
(includes amendments listed above) | |||
|
Statutes (Repeals and Minor Amendments) Act 2014 s. 14 |
17 of 2014 |
2 Jul 2014 |
6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213) |
|
Consumer Protection Legislation Amendment Act 2014 Pt. 2 |
23 of 2014 |
9 Oct 2014 |
19 Nov 2014 (see s. 2(b) and Gazette 18 Nov 2014 p. 4315) |
|
Community Titles Act 2018 Pt. 14 Div. 2 |
32 of 2018 |
19 Nov 2018 |
30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2) |
1 The Commercial Tenancy (Retail Shops) Agreements
Amendment Act 1990 s. 22 reads as follows:
22. Saving and transitional
(1) Subject to
subsection (2), an amendment made to the principal Act by a provision of this
Act does not apply to or in relation to a retail shop lease entered into
before the day on which that provision comes into operation and the provisions
of the principal Act as in force prior to the coming into operation of that
provision shall continue to apply to and in relation to any such lease as if
this Act had not been passed.
(2) The amendments
made to the principal Act by the provisions of sections 4(a)(i), (b) and (c),
5(c), 6(a), (c) and (d)(ii), 8(b), 10(a), (b), (d), (e), (g) and (i), 11, 14,
15, 18(a), 19 and 21 of this Act apply to and in relation to a retail shop
lease to which the principal Act applies entered into before or after the
coming into operation of those provisions.
(3) Subsections (1)
and (2) apply notwithstanding an agreement to the contrary between parties to
a retail shop lease to which the principal Act applies, whether or not such
agreement is contained in the retail shop lease.
(4) In this section
retail shop lease has the same meaning as it has in the principal Act.
2 The Commercial Tenancy (Retail Shops) Agreements
Amendment Act 1998 s. 14 reads as follows:
14. Saving and transitional
(1) In this section
—
existing lease in relation to a provision of this
Act 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 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 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 granted on or
after the coming into operation of that provision; but
(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;
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 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”;
(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 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 between the parties to a retail
shop lease whether or not the agreement is contained in the retail shop lease.
(5) This section does
not affect the operation of section 22(1) of the Commercial Tenancy (Retail
Shops) Agreements Amendment Act 1990 .
3 The Taxation Administration (Consequential
Provisions) Act 2002 s. 3 and 4 and Pt. 4 are transitional provisions that are
of no further effect.
4 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28 and 42 deal with certain transitional issues some of
which may be relevant for this Act.
5 The
State Administrative Tribunal Regulations 2004 r. 29 is a transitional
provision.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
2011 amending Act
Sch. 1 cl. 3
accountant 3(1)
accounting year 3(1)
alternative shop
14A(2)
amending Act Sch. 1
cl. 2(1)
applicable industry code 15A
assignor
10(5)
bank 12A(7)
building 3(1)
business
3(1)
commencement 15A
commencement day
Sch. 1 cl. 3
common area 3(1)
confidential information 25B(1)
current term
13(1)
existing lease
Sch. 1 cl. 3
existing retail shop lease Sch. 1 cl.
3
fit out costs 15A
former tenant
12A(7)
goodwill 3(1)
group of
premises 3(1), 12(3)
guarantor
10(5)
head lease 13(2)
incoming
tenant 6(5), 6A(5)
industry code
15A
key-money 3(1)
landlord
3(1)
land tax 12(3)
lease
3(1)
lettable area
3(1)
management fees 3(1)
matter
24
metropolitan region improvement tax
12(3)
misleading or deceptive conduct 16A
misleading or deceptive conduct application 3(1)
moneys payable under the lease 10(5)
notional land
tax 12(3)
operating expenses
12(3)
operating expenses statement 12(1)
option term 13(1)
outgoing tenant
6(5), 6A(5)
referable 12(3)
relevant
day 4(3), 15B(2A), 16B(2)
relevant proportion
12(3)
relocation notice
14A(2)
retail business 3(1)
retail shop
3(1)
retail shop lease
3(1)
retail shopping centre 3(1)
Small Business
Commissioner 3(1)
specified
15F(7), 16D(7)
specified business 3(1)
standard trading hours 12(3)
tenant
3(1)
total lettable area 12(3)
Tribunal 3(1)
turnover
7(4)
unconscionable conduct application 3(1)