Fair Trading (Code of Practice for Retail Tenancies) Amendment Regulations 1999
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, being satisfied of the matters set out in section 44 of the Fair Trading Act 1990 and acting with the advice of the Executive Council and on the recommendation of the Minister, make the following regulations under the Fair Trading Act 1990 .
19 April 1999G. S. M. GREEN
Governor
By His Excellency's Command,
P. J. PATMORE
Minister for Justice and Industrial Relations
These regulations may be cited as the Fair Trading (Code of Practice for Retail Tenancies) Amendment Regulations 1999 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 are referred to as the Principal Regulations.
4. Schedule 1 amended (Code of Practice for Retail Tenancies)
(1) Schedule 1 to the Principal Regulations is amended by omitting from clause 1 the definition of small business tenant .(2) Schedule 1 to the Principal Regulations is further amended by omitting subclauses (1) , (2) and (3) of clause 2 and substituting the following subclauses:(1) This Code applies to the following, in relation to retail premises with a lettable area of not more than 1 000 square metres:(a) a lease of, or an agreement to lease, such premises entered into on or after the commencement of this Code, regardless of where the lease or agreement to lease was entered into and despite the fact that the lease or agreement to lease purports to be governed by the law of a jurisdiction other than Tasmania;(b) a lease of, or an agreement to lease, such premises that was entered into before the commencement of this Code, if –(i) the lease or agreement to lease is varied after that commencement; and(ii) the variation was not provided for by the original lease or agreement to lease;(c) a new lease of such premises resulting from the exercise of an option contained in a lease that was entered into before the commencement of this Code, if –(i) the number of times remaining for the option to be exercised is not specified in the lease or does not decrease when the option is exercised; or(ii) the new lease contains a variation that was not provided for by the original lease;(d) a sublease of such premises entered into on or after the commencement of this Code.(2) The provisions of Part 3 of this Code apply only to a lease of, or an agreement to lease, retail premises within a shopping centre.(3) This Code does not apply to the following:(a) a lease of, or an agreement to lease, any retail premises entered into before the commencement of this Code;(b) a lease of retail premises with a lettable area of more than 1 000 square metres;(c) a lease entered into on or after the commencement of this Code in accordance with an agreement to lease, if the agreement to lease is entered into before the commencement of this Code;(d) a new lease resulting from the exercise of an option contained in a lease entered into before the commencement of this Code, if –(i) the number of times remaining for the option to be exercised is specified in the lease or decreases when the option is exercised; or(ii) the new lease contains no variation other than a variation that was provided for by the original lease.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 April 1999
These regulations are administered in the Department of Justice and Industrial Relations.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 by clarifying the application of the Code in relation to retail premises with a lettable area of not more than 1 000 square metres.