Western Australian Current Regulations

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COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS REGULATIONS 1985 - REG 13

13 .         Pre-1 July 1999 leases, application of amendments to

        (1)         In this regulation —

        existing retail shop lease has the meaning given in Schedule 1 clause 3 of the Act;

        pre-1 July 1999 lease means a retail shop lease that was an existing lease, as defined in the Commercial Tenancy (Retail Shops) Agreements Amendment Act 1998 section 14(1), in relation to a provision of that Act.

        (2)         The amendments effected by the 2011 amending Act, other than —

            (a)         the amendments to section 11(2) of the Act set out in section 8(1) of that amending Act; and

            (b)         the amendments to section 12 of the Act set out in section 10 of the amending Act,

                apply to, and in relation to, a pre-1 July 1999 lease in the same way as they apply to, and in relation to, an existing retail shop lease.

        (3)         Section 8(1) of the 2011 amending Act is to be taken to amend section 11(2) of the Act, as that provision applied to and in relation to a pre-1 July 1999 lease immediately before commencement day, as if it read as follows:


        (1)         In section 11(2) delete “lease.” and insert:


                lease, and is not to take into account the value of —

            (a)         the goodwill of the business carried on in the retail shop; or

            (b)         any stock, fixtures or fittings in the retail shop that are not the property of the landlord; or

            (c)         any structural improvement, or alteration, of the retail shop carried out, or paid for, by the current tenant.



        (4)         Other than as specified in this regulation, the amendments effected by —

            (a)         the 2011 amending Act; and

            (b)         the Commercial Tenancy (Retail Shops) Agreements Amendment Regulations (No. 2) 2012 ,

                do not affect the operation of the Commercial Tenancy (Retail Shops) Agreements Amendment Act 1998 section 14.

        [Regulation 13 inserted: Gazette 30 Nov 2012 p. 5840-2.]



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