Retail Leases Act 2022 (Tas)

Retail Leases Act 2022

An Act to make provision in relation to leases of certain retail premises and other business premises, and the rights and obligations of landlords and tenants of those retail premises and other business premises, to continue in force the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 , and for other related purposes [Royal Assent 14 December 2022]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Retail Leases Act 2022 .

2. Commencement (1) Except as provided in subsection (2) , the provisions of this Act commence on a day or days to be proclaimed. (2) This section and section 88 commence on the day on which this Act receives the Royal Assent if the Royal Assent is received on or before 31 December 2022.

[Commences: Never commenced

3. Objects of Act The objects of this Act are to facilitate – (a) the certainty and fairness of retail premises leasing arrangements between landlords and tenants; and (b) the mechanisms available to resolve disputes concerning retail leases; and (c) the certainty and fairness of certain other aspects of retail leases.

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[Commences: Never commenced

4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

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[Commences: Never commenced

5. Effects of Act on common law (1) The common law in relation to retail leases remains in force to the extent to which it is not inconsistent with this Act. (2) A person is entitled to exercise any rights that the person may have at common law in relation to retail leases, except to the extent to which this Act provides otherwise.