Schedule 3 Savings and transitional provisions
(Section 84A)
1 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and the following Acts:Retail Leases Amendment Act 1997
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Retail Leases Amendment Act 1997
2 Meaning of “1997 Amending Act”
In this Part:1997 Amending Act means the Retail Leases Amendment Act 1997.
3 Application of 1997 amendments
Each amendment made by the 1997 Amending Act extends to leases to which this Act applies that were entered into before the commencement of the amendment, subject to the other provisions of this Part.
4 Outgoings statements and reports
Section 28 (as substituted by the 1997 Amending Act) does not apply to a report given under that section before the section was substituted. Further, section 28 (as substituted) does not apply in respect of an accounting period of a lessor that ended before the section was substituted, unless the lessor elects to have the section apply in respect of that accounting period.
5 Adjustment of outgoings contributions
The amendment to section 29 made by the 1997 Amending Act does not apply in respect of an outgoings contribution period that ended before the commencement of the amendment.
6 Advertising and promotion statements and reports
Section 55 (as substituted by the 1997 Amending Act) does not apply to a report given under that section before the section was substituted. Further, section 55 (as substituted) does not apply in respect of an accounting period of a lessor that ended before the section was substituted, unless the lessor elects to have the section apply in respect of that accounting period.
The amendment to section 66 made by the 1997 Amending Act extends to formal mediation commenced but not completed before the commencement of the amendment.
Section 72A does not apply to a retail tenancy claim lodged with the Commercial Tribunal before the commencement of that section.
Part 3 Retail Leases Amendment Act 1998
9 Meaning of “1998 Amending Act”
In this Part:1998 Amending Act means the Retail Leases Amendment Act 1998.
10 Application of 1998 amendments
(1) The amendments made by the 1998 Amending Act do not extend:(a) to leases in existence when this clause commences, or(b) to any lease entered into under an option granted or agreement made before the commencement of this clause, or(c) to any lease referred to in paragraph (a) or (b) that is assigned to another person,subject to the other provisions of this Part and section 62A.(2) Despite subclause (1), the amendments made to Part 8 extend to apply in relation to:(a) a retail shop lease or former lease that was entered into before the commencement of the amendments to Part 8, or under an option granted or agreement made before that commencement, and(b) a dispute that arose before the commencement of the amendments to Part 8 or that concerns a liability or obligation that arose before that commencement.
Section 34A, as inserted by the 1998 Amending Act, applies to the relocation of a retail shop, if the shop is situated in a retail shopping centre and the lease is a lease to which section 57 (as in force immediately before its repeal by the 1998 Amending Act) applied immediately before its repeal.
Section 18 (4), as amended by the 1998 Amending Act, extends to leases that were entered into before the commencement of the amendment and to which this Act applies, but only in respect of decreases in rent occurring after that commencement.