Transitional provisions
Schedule 1 Transitional provisions
[s. 29]
[Heading inserted: No. 59 of 2011 s. 25.]
Division 1 — Preliminary
[Heading inserted: No. 59 of 2011 s. 25.]
1. Interpretation Act 1984 not affected
This Schedule does not affect the operation of the Interpretation Act 1984 Part V.
[Clause 1 inserted: No. 59 of 2011 s. 25.]
2. Transitional regulations
Regulations may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with any issue or matter of a savings or transitional nature —
that arises as a result of the amendment of this Act by another Act (an amending Act); and
for which there is no sufficient provision in this Act or the amending Act.
Regulations made under this clause may provide that specified provisions of this Act do not apply, or apply with modifications specified in the regulations, to or in relation to any matter.
Regulations made under this clause may provide that a state of affairs specified in the regulations is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations come into operation but not earlier than the day on which the relevant amending Act, or the relevant provision or provisions of that Act, came into operation.
If the regulations contain a provision referred to in subclause (3), the provision does not operate so as —
to affect in a manner prejudicial to any person (other than the State), the rights of that person existing before the regulations commenced; or
to impose liabilities on any person (other than the State) in respect of anything done or omitted to be done before the regulations commenced.
[Clause 2 inserted: No. 59 of 2011 s. 25.]
Division 2 — Provisions for Commercial Tenancy (Retail Shops) Agreements Amendment Act 2011
[Heading inserted: No. 59 of 2011 s. 25.]
3. Terms used
In this Division —
2011 amending Act means the Commercial Tenancy (Retail Shops) Agreements Amendment Act 2011;
commencement day, in relation to a provision of this Act referred to in clause 4, means the day on which —
the provision of the 2011 amending Act that inserted the provision referred to in clause 4 came into operation; or
the provision of the 2011 amending Act that amended the provision referred to in clause 4 came into operation;
existing lease means a lease that —
immediately before the commencement of the 2011 amending Act section 5, was not a retail shop lease within the meaning of this Act as in force at that time; and
was entered into —
before the commencement of the 2011 amending Act section 5; or
pursuant to an option granted or agreement made before the commencement of the 2011 amending Act section 5;
existing retail shop lease, in relation to a provision of this Act referred to in clause 4, means a retail shop lease that was entered into —
before the commencement day; or
pursuant to an option granted, whether directly or by operation of section 13, or agreement made before the commencement day.
[Clause 3 inserted: No. 59 of 2011 s. 25.]
4. Application of 1985 Act to existing retail shop lease
Despite the amendments effected by the 2011 amending Act —
the following provisions do not apply to, or in relation to, an existing retail shop lease —
section 12(3A) of this Act as inserted by section 10(4) of the 2011 amending Act;
sections 14A and 14C of this Act, as inserted by section 14 of the 2011 amending Act; and
and
the following provisions continue to apply to, and in relation to, an existing retail shop lease —
section 6 of this Act, as in force immediately before being amended by section 7 of the 2011 amending Act; and
section 13 of this Act, as in force immediately before being amended by section 11 of the 2011 amending Act.
[Clause 4 inserted: No. 59 of 2011 s. 25.]
5. 1985 Act does not apply to existing lease that becomes retail shop lease on 1 Jan 2013
This Act does not apply to, or in relation to, an existing lease that, immediately after the commencement of the 2011 amending Act section 5, is a retail shop lease within the meaning of this Act as in force at that time.
[Clause 5 inserted: No. 59 of 2011 s. 25.]
6. No contracting out
This Division 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.
[Clause 6 inserted: No. 59 of 2011 s. 25.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.