Leases (Commercial and Retail) Act 2001

If a provision of this Act, other than this section, requires a provision to be included in a lease, the lease is taken for all purposes to contain the provision required to be included.

Under s 14 (Application to change of use leases), s (1) applies to a change of use lease from the time of the change of use of the lease.

An obligation imposed on a party to a change of use lease that, because of the application of subsection (1), requires the party to take action before the lease is entered into, is taken to be satisfied if the party complies with the obligation to the extent possible within 14 days after this Act starts to apply to the lease.

A disclosure statement is required to be provided under this Act (see s 30), not under a provision taken to be included in the lease under s (1). Accordingly, s (2) does not apply to the provision of disclosure statements.

A lease entered into or renewed, or to which this Act begins to apply, on or after commencement day is taken for all purposes to include the standard provisions prescribed by regulation for this subsection except to the extent that the parties are bound by contrary provisions in the lease, or a contrary agreement (whether written or unwritten).