Queensland Consolidated Acts

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RETAIL SHOP LEASES ACT 1994 - SECT 13

13 Application of Act to leases—general

(1) Subject to subsections (2) to (7), this Act applies to all retail shop leases whether entered into or renewed before or after 28 October 1994.

(2) This part (other than section 14), part 5 and part 6 do not apply to existing retail shop leases.

(3) Section 27, as in force immediately before the commencement of the Retail Shop Leases Amendment Act 1999, continues to apply to a retail shop lease entered into before the commencement, and any extension or renewal of the lease, as if that Act had not commenced.

(4) Subject to subsection (5), section 27, as amended by the 2000 amendment Act, applies only to a retail shop lease entered into after the commencement of this subsection.

(5) Section 27(8) applies only to a retail shop lease entered into after 28 October 1994.

(6) Part 6, division 8A, applies only to a retail shop lease entered into after the commencement of the division.

(7) Subsection (1) has effect subject to the following provisions—

• section 15
• section 16
• section 17
• section 21
• section 42
• section 45(3)
• section 46(9)
• part 7.

(8) Despite subsections (1) and (3) to (7), only parts 1 to 3 and 7 apply to a short term retail shop lease entered into on or after the commencement of this subsection.

Note—
Part 12 also contains provisions about the application of this Act.

(9) In this section—

2000 amendment Act means the Retail Shop Leases Amendment Act 2000.

right to extend, a lease, does not include a holding over right of the lessee, if the right operates at the lessor's discretion.

short term retail shop lease means a retail shop lease for which the combined period of the following is not more than 6 months—

(a) the lease's original term;
(b) any periods for which the lessee has a right to extend the lease.


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