3 Definitions In this Act— S. 3 def. of accountant amended by No. 36/2011 s. 39. accountant means a member of— (a) the of in ; or (b) CPA Australia (ACN 008 392 452); or (c) the Institute of Public Accountants; s. 3 S. 3 def. of accounting period inserted by No. 82/2005 s. 4. accounting period, in relation to a retail premises lease, means the period of 12 months specified in the lease as the accounting period for the purposes of the lease; S. 3 def. of applicable industry code amended by No. 21/2012 s. 239(Sch. 6 item 37.1). applicable industry code has the meaning given by section 51ACA of the Competition and Consumer Act 2010 of the Commonwealth; assignment of a retail premises lease has a meaning affected by section 8; building includes any structure; common areas of a retail shopping centre has the meaning given by section 6; dispute arising under or in relation to a retail premises lease includes a dispute arising under or in relation to the lease under a provision of this Act; fit out of retail premises includes the provision or installation of finishes, fixtures, fittings, equipment and services; GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
for a rent review to be made on the basis of the current market rent of the premises as at the beginning of that period. Note For reviews based on the current market rent of the retail premises, see section 37. 22 Tenant to be given copy of lease S. 22(1) amended by No. 82/2005 s. 13(1). s. 22 (1) Within 28 days, or such other period as is agreed in writing between the landlord and the tenant, after being given a copy of the retail premises lease signed by the tenant, the landlord must give the tenant a copy (which may be a photocopy) of the lease signed by the landlord and the tenant. (2) If the landlord contravenes subsection (1), the tenant may give the landlord a written notice of termination at any time within 28 days after— S. 22(2)(a) amended by No. 82/2005 s. 13(2). (a) the tenant is given a copy of the lease signed by the landlord and the tenant; or (b) entering into the lease— whichever happens last. (3) Subject to subsection (4), if a tenant gives the landlord a notice of termination in accordance with subsection (2), the lease terminates 14 days after the notice is given. (4) Section 18 applies to a notice of termination given under this section in the same way and to the same extent as it applies to a notice of termination given under section 17(3)(c) or (5). 23 Key-money and goodwill payments prohibited s. 23 S. 23(1) amended by No. 69/2012 s. 6(1). (1) A landlord must not seek or accept the payment of— (a) key-money; or
Assent Date: 29.11.05 Commencement Date: S. 117(Sch. 2 item 5) on 1.1.06: s. 2 : This information relates only to the provision/s amending the Retail Leases Act 2003 Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 58) on 27.6.07: s. 2(1) : This information relates only to the provision/s amending the Retail Leases Act 2003 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 44) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Retail Leases Act 2003 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 81) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Retail Leases Act 2003 Consumer Acts Amendment Act 2011, No. 36/2011 Assent Date: 23.8.11 Commencement Date: S. 39 on 24.8.11: s. 2(1) : This information relates only to the provision/s amending the Retail Leases Act 2003 Endnotes Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 37) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 : This information relates only to the provision/s amending the Retail Leases Act 2003 Retail Leases Amendment Act 2012, No. 69/2012 Assent Date: 20.11.12 Commencement Date: Ss 3–8 on 21.11.12: s. 2 : This information relates only to the provision/s amending the Retail Leases Act 2003 Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014 Assent Date: 27.6.14 Commencement Date: S. 33(Sch. item 23) on 30.6.14: s. 2(5) : This information relates only to the provision/s amending the Retail Leases Act 2003 Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014