Other notes
Other notes Other notes
1 The Commercial Tenancy (Retail Shops) Agreements Amendment Act 1990 s. 22 reads as follows:
22. Saving and transitional
Subject to subsection (2), an amendment made to the principal Act by a provision of this Act does not apply to or in relation to a retail shop lease entered into before the day on which that provision comes into operation and the provisions of the principal Act as in force prior to the coming into operation of that provision shall continue to apply to and in relation to any such lease as if this Act had not been passed.
The amendments made to the principal Act by the provisions of sections 4(a)(i), (b) and (c), 5(c), 6(a), (c) and (d)(ii), 8(b), 10(a), (b), (d), (e), (g) and (i), 11, 14, 15, 18(a), 19 and 21 of this Act apply to and in relation to a retail shop lease to which the principal Act applies entered into before or after the coming into operation of those provisions.
Subsections (1) and (2) apply notwithstanding an agreement to the contrary between parties to a retail shop lease to which the principal Act applies, whether or not such agreement is contained in the retail shop lease.
In this section retail shop lease has the same meaning as it has in the principal Act.
2 The Commercial Tenancy (Retail Shops) Agreements Amendment Act 1998 s. 14 reads as follows:
14. Saving and transitional
In this section —
existing lease in relation to a provision of this Act means a retail shop lease entered into —
before the coming into operation of that provision; or
pursuant to an option granted in a retail shop lease entered into before the coming into operation of that provision,
but does not include a retail shop lease to which the provision does not apply by reason of section 4 of the principal Act;
new lease in relation to a provision of this Act means a retail shop lease entered into on or after the coming into operation of that provision and —
includes an extension of the term of a retail shop lease entered into before the coming into operation of that provision if the extension is granted on or after the coming into operation of that provision; but
does not include a retail shop lease so entered into pursuant to an option granted in a retail shop lease entered into before the coming into operation of that provision;
retail shop lease has the same meaning as it has in the principal Act.
Subject to subsection (3), the principal Act as amended by a provision of this Act applies only to and in relation to a new lease and the principal Act applies to and in relation to an existing lease as if that provision had not been enacted.
Each of —
section 3(1) of the principal Act as amended by section 4(1)(a) of this Act, only in relation to the insertion of the definition of “accountant”;
section 3(3) of the principal Act as inserted by section 4(2) of this Act;
section 11(3a) of the principal Act as inserted by section 7(3) of this Act;
section 11(5) of the principal Act as amended by section 7(4) of this Act; and
section 11(6) and (7) of the principal Act as inserted by section 7(5) of this Act,
applies to and in relation to an existing lease and a new lease.
This section applies despite an agreement to the contrary between the parties to a retail shop lease whether or not the agreement is contained in the retail shop lease.
This section does not affect the operation of section 22(1) of the Commercial Tenancy (Retail Shops) Agreements Amendment Act 1990.
3 The Taxation Administration (Consequential Provisions) Act 2002 s. 3 and 4 and Pt. 4 are transitional provisions that are of no further effect.
4 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
5 The State Administrative Tribunal Regulations 2004 r. 29 is a transitional provision.
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