Leases (Commercial and Retail) Act 2001

A lease provision is void if it allows a change to be made to rent more than once in each 12 month period after the first anniversary of the commencement of the lease.

However, subsection (1) does not affect—

a sublease provision that allows the sublessor to pass on to the subtenant an increase in the rent of the head lease; or

a provision that sets out the steps (whether by amount or percentage) that rent will increase by at predetermined times during the lease; or

a provision that allows a change to be made to rent directly or indirectly attributable to GST; or

a provision that allows abatement of rent; or

a provision that allows review of rent on the exercise of an option to extend the lease; or

an adjustment to turnover rent allowed under section 63 (Frequency of adjustments to turnover rent).