Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 4)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• exercise
• function
• GST
• territory lease.
"accounting period", for a lessor, means a financial year or other period included in a disclosure notice under section 31 (Form of disclosure statements) or otherwise agreed between the parties.
"bond" means an amount paid or payable by a tenant as security for the performance of his or her obligations under a lease.
"certificate of occupancy"—see the Building Act 2004, dictionary.
"certified exclusionary clause"—see section 111.
"change of use lease"—see section 9.
"commencement day "means 1 July 2002.
"commercial premises"—see section 7 (When are premises commercial or retail premises?).
"conduct", in relation to a lease or to negotiations for the entering into of a lease, means an act or omission in relation to the lease or negotiations.
Examples of acts and omissions in relation to leases or negotiations
1 making a request or demand of a person in relation to the lease or negotiations
2 taking action to enforce the terms of the lease
3 an action or omission that causes a breach of the lease
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"continuous occupation lease"—see section 10.
"core trading hours", for a shopping centre, means the hours when retail premises in the shopping centre are generally required to be open for business, whether the requirement is imposed by or under the lease or by or under another agreement or arrangement between the lessor and tenant or is imposed in another way.
"demolition", in relation to premises, includes any repair, renovation or reconstruction of a building containing the premises that cannot be carried out practicably without vacant possession of the premises.
"disclosure statement" means a disclosure statement under section 30.
"discretionary rent review clause" means a provision in a lease that—
(a) provides for rent to be set or changed in accordance with whichever of 2 or more methods of calculating the change would result in the highest rent; or
(b) has the effect of reserving to a party to the lease a discretion as to which of 2 or more methods of calculating initial rent or a change to rent is to apply; or
(c) has the effect of reserving to a party to the lease complete discretion as to the rate of rent to apply; or
(d) has the effect of preventing, or giving a person the power to prevent, a decrease if the provision for determining initial rent or rent variations otherwise operates in a way that rent might decrease.
"dispute"—
(a) for this Act generally—means a dispute to which this Act applies under section 17; and
(b) in relation to an application, for part 14 (Dispute resolution)—see section 143.
"entered into", for a lease—see section 5.
"excluded area—"see section 11 (What is an excluded area?).
"extend", under an option, includes renew under the option.
"initial rent" means the rent set at the beginning of a lease or renewal of a lease.
"key money" means an amount paid by or on behalf of a tenant to, or at the direction of, a lessor, or any benefit given to, or at the direction of, a lessor, but does not include—
(a) rent; or
(b) a payment for the goodwill or other assets of a business genuinely operated by the lessor that is sold or to be sold by the lessor to the tenant; or
(c) a bond or security deposit, or a guarantee by way of security; or
(d) an amount payable on account of outgoings; or
(e) a reasonable amount payable to someone for attendances on the tenant in relation to the preparation of documents that are relevant to a lease; or
(f) any reasonable amount payable to a lessor for goods and services provided, or to be provided, to the tenant; or
(g) an amount allowed to be paid under this Act.
"lease" means a lease, within the meaning of section 12 (What leases does this Act apply to?), to which this Act applies under that section.
Note Pt 13 only applies to leases for premises in retail areas of shopping centres.
"lessor", of premises, means a person who grants a right to occupy the premises under a lease, and includes—
(a) a sublessor; and
(b) a person who receives the right to lease the premises by assignment from the lessor or by operation of law; and
(c) in relation to negotiations for a lease—a prospective lessor.
"lettable area", of premises, means the area of the premises worked out in accordance with section 13 (How to work out the lettable area of premises).
"Magistrates Court "means the Magistrates Court when exercising jurisdiction under this Act.
"market rent", of premises—see schedule 1 (Working out market rent).
"normal purpose", of leased premises that have been damaged, means the way the premises were ordinarily used by the tenant before they were damaged if the use was allowed under the lease.
"option", for a lease, means a right given under the lease for—
(a) the extension of the term of the lease; or
(b) the renewal of the lease for a further term.
"party", to an application, for part 14 (Dispute resolution)—see section 143.
"premises", for a lease, are the premises covered by the lease.
"recoverable outgoings" means outgoings recoverable under section 70.
"renewal", of a lease—see section 6 (When is a lease taken to be renewed for this Act?).
"rent" includes a component of rent.
"rent review" includes a change to rent payable on the exercise of an option under a lease, but does not include a predetermined rent change.
"retail area" means the area of a shopping centre other than an excluded area.
"retail premises"—see section 7 (2).
"shopping centre"—see section 8.
"small commercial premises" means commercial premises with a lettable area of no more than 300m2.
"taxable supply"—see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), dictionary.
"tenant", of premises, means a person who has the right to occupy the premises under a lease, and includes—
(a) a subtenant; and
(b) a person who receives the right to occupy the premises by assignment from the tenant or by operation of law; and
(c) in relation to negotiations for a lease—a prospective tenant.
"termination notice" means a notice under section 117 (Right to terminate—no disclosure statement etc) or section 118 (Failure to notify material change in disclosure statement).
"turnover" includes gross takings, gross receipts and gross income.
"turnover rent "means rent, or the part of rent, based on the tenant's turnover.
"valuer" means a person who is competent in retail and commercial market rental valuations.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
Leases (Commercial and Retail) Act 2001 No 18
notified 19 April 2001 (Gaz 2001 No 16)
s 1, s 2 commenced 19 April 2001 (IA s 10B)
remainder commenced 1 July 2002 (s 2)
as amended by
Statute Law Amendment Act 2002 No 30 pt 3.40
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
amdts 3.567-3.569 taken to have commenced 1 July 2002 (s 2 (2))
pt 3.40 remainder commenced 17 September 2002 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 11
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 11 commenced 4 March 2003 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2003 (No 2) A2003-47 pt 7
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
pt 7 commenced 1 November 2003 (s 2)
Construction Occupations Legislation Amendment Act
2004
A2004-13 sch 2 pt
2.19
notified LR 26 March 2004
s
1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.19 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 12
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 12 commenced 30 June 2004 (s 2 (1))
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.34
notified LR 2 September
2004
s 1, s 2 commenced 2 September 2004 (LA s 75
(1))
sch 1 pt 1.34 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.33
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.33 commenced 2 June 2005 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.21
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.21 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.21
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.21 commenced 11 July 2007 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.21
notified LR 13 September
2007
s 1, s 2 commenced 13 September 2007 (LA s 75
(1))
sch 1 pt 1.21 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.11
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))
sch 1 pt 1.11 commenced 7 May 2008 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.43
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.43 commenced 17 December 2009 (s 2)
Fair Trading (Australian Consumer Law) Amendment Act
2010
A2010-54 sch 3 pt
3.14
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
sch 3 pt 3.14 commenced 1 January 2011 (s 2 (1))
Unit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.8
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
sch 5 pt 5.8 commenced 30 March 2012 (s 2 and
CN2012-6)
Commencement
s
2 om LA s 89 (4)
Disputes
s
17 table renum R5 LA
Lease
costs
s 23 am A2009-49 amdt
3.101
Provision of copy of lease to
tenant
s 25 am 2002 No 30 amdt 3.555;
A2009-49 amdt 3.102
Copy of proposed lease to be
provided
s 28 am 2002 No 30 amdt
3.555
Disclosure
statements
s 30 am 2002 No 30 amdt
3.555
Form of disclosure
statements
s 31 sub 2002 No 30 amdt
3.556
Rent setting or review if lease method
void
s 49 am 2002 No 30 amdt
3.557
Market rent—rent reviews, options and
renewals
s 52 am 2002 No 30 amdt
3.558, amdt 3.559
Appointment of new valuer if conflict of
interest disclosed
s 57 am 2002 No 30
amdt 3.559
Outgoings—reports
s
66 am A2011-41 amdt 5.26
Adjustment of contributions to
outgoings
s 67 am 2002 No 30 amdt
3.560
Notice of lessor's intentions
regarding repair
s 88 am 2002 No 30
amdt 3.561
Refusal to consent to assignment or
sublease
s 100 am A2010-54 amdt
3.37
Notice of absence of right of
preference
s 110 am A2007-16 amdt
3.74
Tenant's right to terminate extended
lease
s 116 am 2002 No 30 amdt 3.562,
amdt 3.563
Procedure for termination of lease by lessor
etc
s 122 am 2002 No 30 amdt
3.563
Confirmation of contested
termination
s 123 am A2008-7 amdt
1.59
Confirmation of uncontested
termination
s 124 am 2002 No 30 amdt
3.564
Content of termination
orders
s 125 am 2002 No 30 amdt
3.565
Jurisdiction
s
144 sub A2003-2 s 57
am A2003-47 s 27;
A2004-60 amdt 1.164, amdt 1.165
Applications that may be
made
s 145 sub A2003-2 s
57
am A2004-60 amdt
1.166
Procedures
s
151 am A2004-60 amdt 1.167, amdt
1.168
(2), (4), (5) exp 1 July 2006 (s
151 (5))
ss renum R11 LA
Appeals to Supreme
Court
s 155 sub A2006-40 amdt
2.118
Order by Supreme Court on
appeal
s 156 am A2004-60 amdt
1.169
om A2006-40 amdt
2.118
Approved
forms
s 157A ins 2002 No 30 amdt
3.566
Regulation-making
power
s 158 am A2004-60 amdt
1.170
Transitional
pt
16 hdg exp 30 June 2006 (s 171)
Transitional
div
16.1 hdg om R1 LA (see also 2002 No 30 amdt 3.567)
Definitions for pt
16
s 159 hdg sub 2002 No 30 amdt
3.568
s 159 exp 30 June 2006 (s
171)
Pre-existing
referrals
s 160 exp 30 June 2006 (s
171)
Provisions required to be
included—application to pre-existing
leases
s 161 exp 30 June 2006 (s
171)
Lessor's intentions about
renewal
s 162 exp 30 June 2006 (s
171)
Preference to existing
tenants
s 163 exp 30 June 2006 (s
171)
Provisions taken to be
included—application to pre-existing
leases
s 164 exp 30 June 2006 (s
171)
Application of Act to disputes under
code
s 165 exp 30 June 2006 (s
171)
Approved handbook and pre-existing
leases
s 166 exp 30 June 2006 (s
171)
Tribunal
decisions
s 167 exp 30 June 2006 (s
171)
Application of Act to leases code applied
to
s 168 exp 30 June 2006 (s
171)
Saving of certain court orders for
relief
s 168A ins A2003-2 s
58
exp 30 June 2006 (s
171)
Transitional
regulations
s 169 exp 30 June 2004
(s 171 (2))
Modification of pt 16's
operation
s 170 exp 30 June 2004 (s
171 (2))
Expiry of pt
16
s 171 hdg am R1 LA (see also sub
2002 No 30 amdt 3.569)
s 171 am R1 LA (see
also sub 2002 No 30 amdt 3.569)
sub
A2004-32 s 88
(2) exp 30 June 2004 (s 171
(2))
exp 30 June 2006 (s
171)
Consequential repeals and
amendments
div 16.2 hdg exp 1 July
2002 (s 176)
Repeal
s
172 exp 1 July 2002 (s 176)
Amendment of Land Titles
Act
s 173 exp 1 July 2002 (s
176)
Amendment of Magistrates Court
Act
s 174 exp 1 July 2002 (s
176)
Amendment of Magistrates Court (Civil
Jurisdiction) Act
s 175 exp 1
July 2002 (s 176)
Expiry of div
16.2
s 176 exp 1 July 2002 (s
176)
Dictionary
dict am
2002 No 30 amdt 3.570; A2007-25 amdt
1.94
def certificate of occupancy
sub A2004-13 amdt 2.78
def
continuous occupation lease ins A2005-20 amdt
3.186
def dispute
sub A2008-7 amdt 1.60
def
enter into om A2005-20 amdt
3.187
def entered into ins
A2005-20 amdt 3.187
def GST
om R8 LA
def party
ins A2008-7 amdt 1.61
def
retail premises ins A2005-20 amdt
3.188
def territory lease
om A2007-25 amdt 1.95
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
1 July
2002– |
not amended |
new Act and commenced expiry |
|
R1
(RI) |
1 July
2002– |
A2002-30 |
reissue for retrospective amendments by A2002-30 |
|
R2 |
17 Sept
2002– |
A2002-30 |
amendments by A2002-30 |
|
R3 |
4 Mar
2003– |
A2003-2 |
amendments by A2003-2 |
|
R4* |
1 Nov
2003– |
A2003-47 |
amendments by A2003-47 |
|
R5 |
30 June
2004– |
A2004-32 |
amendments by A2004-32 |
|
R6 |
1 July
2004– |
A2004-32 |
commenced expiry |
|
R7 |
1 Sept
2004– |
A2004-32 |
amendments by A2004-13 |
|
R8* |
10 Jan
2005– |
A2004-60 |
amendments by A2004-60 |
|
R9 |
2 June
2005– |
A2005-20 |
amendments by A2005-20 |
|
R10 |
1 July
2006– |
A2005-20 |
commenced expiry |
|
R11 |
2 July
2006– |
A2005-20 |
commenced expiry |
|
R12 |
29 Sept
2006– |
A2006-40 |
amendments by A2006-40 |
|
R13 |
11 July
2007– |
A2007-16 |
amendments by A2007-16 |
|
R14 |
31 Mar
2008– |
A2007-25 |
amendments by A2007-25 |
|
R15 |
7 May
2008– |
A2008-7 |
amendments by A2008-7 |
|
R16* |
17 Dec
2009– |
A2009-49 |
amendments by A2009-49 |
|
R17 |
1 Jan
2011– |
A2010-54 |
amendments by A2010-54 |
© Australian Capital Territory
2012