(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.]