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 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;
(b) the tenant has persistently defaulted under the lease throughout its term and the landlord has given the tenant written notice of the defaults. 28 Obligation to notify tenant of option to renew (1) If a retail premises lease contains an option exercisable by the tenant to renew the lease for a further term, the landlord must notify the tenant in writing of the date after which the option is no longer exercisable— (a) at least 6 months; and (b) no more than 12 months— before that date but is not required to do so if the tenant exercises, or purports to exercise, the option before being notified of the date. (2) If subsection (1) requires the landlord to notify the tenant but the landlord fails to do so within the time specified by that subsection— (a) the retail premises lease is taken to provide that the date after which the option is no longer exercisable is instead 6 months after the landlord notifies the tenant as required; and (b) if that date is after the term of the lease ends, the lease continues until that date (on the same terms and conditions as applied immediately before the lease term ends); and S. 28(2)(c) amended by No. 82/2005 s. 18. (c) the tenant, whether or not the landlord has by then notified the tenant as required, may give written notice to the landlord terminating the lease from a specified day that is—
(i) on or after the date on which the term of the lease ends; and (ii) before the date until which the lease would otherwise have continued because of paragraph (b). (3) If the tenant gives the landlord a notice of termination under subsection (2)(c), the lease terminates on the day specified in the notice. (4) If an option to renew is exercised because of subsection (2)(b) after the term of the lease ends, the lease for the further term commences on the expiry of the previous lease, disregarding for this purpose any period during which that lease continued because of that subsection. Division 1—The fit out of the premises 29 Meaning of outgoings to which a tenant contributes In this Part, outgoings to which a tenant under a retail premises lease contributes or is liable to contribute means any outgoings (as defined in section 3) in respect of which the tenant is liable under the lease to make any payment to the landlord. 30 Alterations to premises to enable fit out (1) A retail premises lease where the retail premises are located in a retail shopping centre is taken to provide as set out in this section if the tenant is liable under the lease to pay an amount for the costs of, or associated with, carrying out works to alter any of the following to enable the proposed fit out of the premises—
respect of damage to the retail premises or the building in which the premises are located. (3) Nothing in this section prevents the parties to a lease from terminating the lease by agreement if the retail premises or the building in which the premises are located is damaged or destroyed. 58 Refurbishment and refitting A provision in a retail premises lease requiring the tenant to refurbish or refit the retail premises is void unless it gives such details of the refurbishment or refitting as are necessary to indicate generally its nature, extent and timing. Division 2—Other interferences with tenancy 59 Restriction on whom the tenant employs or engages (1) A provision in a retail premises lease is void to the extent that it limits or has the effect of limiting the tenant's right to employ or engage persons the tenant chooses. (2) However, subsection (1) does not prevent the lease from containing provisions that— (a) specify minimum standards of competence and behaviour for persons employed in the retail premises or other persons (such as contractors) doing work there; or (b) prohibit work from being carried out on specified items of the landlord's property; or (c) if the retail premises are located in a retail shopping centre, require the tenant to comply with any award or agreement (for example, a construction site agreement) affecting the centre.
(d) in compliance with a requirement of or under an Act; or (e) in good faith to any of the following persons in a way that does not disclose information identifying a particular lease or tenant, or relating to a tenant's business— (i) the landlord's professional advisers (such as legal or financial advisers); or (ii) the proper officer of any financial institution for the purpose of enabling the landlord to obtain financial accommodation; or (iii) a prospective purchaser of the retail premises or the building in which the premises are located. 68 Availability of statistical information about the retail shopping centre If a retail premises lease requires the tenant to pay an amount in respect of outgoings on account of expenditure incurred by the landlord in obtaining statistical information about the operation or performance of the retail shopping centre in which the premises are located, the lease is taken to provide that the landlord must, at the request of the tenant, make the statistical information available to the tenant. 69 Advertising and promotion requirements (1) A provision in a retail premises lease is void to the extent that it requires the tenant to undertake any advertising or promotion of the tenant's business.