Retail Leases Act 1994 No 46
Current version for 1 January 2014 to date (accessed 24 November 2014 at 05:36)
Part 10

Part 10 General

81   Extension of term—effect on Real Property Act 1900

(1)  The extension of the term of a retail shop lease by operation of a provision of this Act is of no effect for the purposes of the Real Property Act 1900 unless and until a lease is registered under that Act which gives effect to the extension of term, or the variation of a lease that is already registered under that Act is registered to give effect to the extension of term.
(2)  The Registrar-General is not bound to inquire into or to recognise any increase or alleged increase in the term of a retail shop lease by operation of a provision of this Act.
(3)  The lessor under a retail shop lease the term of which is extended by operation of a provision of this Act is bound, at the request of the lessee:
(a)  to execute a lease in the approved form for the purposes of the Real Property Act 1900 to enable registration of the lease under that Act (with its term so extended) if the lease is not already so registered, and
(b)  to enter into such variation of the lease as may be necessary to give effect to the extension of term if the lease is already registered under that Act, and to obtain all necessary consents, for the purposes of the registration under that Act of the variation of lease.

81A   Service of documents and notices

(1)  Any document or notice that must or may be served or given under or for the purposes of this Act must be in writing, and is sufficiently served or given:
(a)  if delivered personally, or
(b)  if left at or sent by post to the last known residential or business address in or out of New South Wales of the person to be served, or
(c)  in the case of a mortgagor in possession, if left at or sent by post to any occupied house or building comprised in the mortgage, or
(d)  if delivered to the facilities of a document exchange of which the person on whom it is to be served is a member, or
(e)  where relevant, if served or given in such manner as a court or tribunal may direct, or
(f)  if served or given in accordance with the terms of the retail shop lease concerned, or
(g)  if served or given in accordance with the regulations.
(2)  In the case of service by delivery to the facilities of a document exchange, the notice is, unless the contrary is proved, taken to have been served on the second business day following the day of delivery of the notice to those facilities.

82   Exemptions from Act

The regulations may exempt from the operation of this Act or any specified provision of this Act any specified person, retail lease, retail shop or security bond or any specified class of persons, retail leases, retail shops or security bonds, either unconditionally or subject to conditions.

82A   Rail Corporation New South Wales

For the purposes of section 34, Rail Corporation New South Wales as lessor of a retail shop is taken not to have engaged in any of the activities described in section 34 (1) (a)–(f) because of anything done or omitted to be done by the lessor wholly or predominantly for any one or more of the following purposes:
(a)  railway safety,
(b)  railway station safety,
(c)  railway security,
(d)  railway station security,
(e)  satisfying regulatory requirements.

82B   Delegation by Director-General

(1)  The Director-General may delegate any functions of the Director-General under this Act (other than this power of delegation) to:
(a)  a member of the staff of the Department of State and Regional Development, or
(b)  an authorised officer under Part 2A, or
(c)  a person holding a position, or a person of a class, prescribed by the regulations.
(2)  A delegate may sub-delegate to a person referred to in subsection (1) any delegated function if the delegate is authorised in writing to do so by the Director-General.

83   Act binds Crown

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

84   Proceedings for offences

Proceedings for an offence against this Act are to be dealt with summarily before the Local Court.

84A   Savings and transitional provisions

Schedule 3 has effect.

84B   Transitional provisions regarding alteration of list of businesses: existing leases

(1)  In this section:

legislative amendment means:

(a)  an amendment to or the substitution of Schedule 1, or
(b)  the making, amendment or substitution of a regulation.

(2)  If premises become a retail shop within the meaning of this Act because of a legislative amendment, this Act does not apply to:
(a)  a lease of the premises entered into before the date of the amendment, or
(b)  a lease of the premises entered into under an option granted or agreement made before that date,
except in so far as the regulations otherwise provide.
(3)  If premises cease to be a retail shop within the meaning of this Act because of a legislative amendment, this Act continues to apply to:
(a)  a lease of the premises entered into before the date of the amendment, and
(b)  a lease of the premises entered into under an option granted or agreement made before that date,
except in so far as the regulations otherwise provide.
(4)  If:
(a)  one or more premises in a cluster of premises cease to be a retail shop or retail shops within the meaning of this Act because of a legislative amendment, and
(b)  the cluster ceases as a result to be a retail shopping centre within the meaning of this Act,
this Act continues to apply to a lease of other premises in the cluster entered into before the date of the amendment, except in so far as the regulations otherwise provide.

84C   Transitional provisions regarding additions to list of businesses: shopping centres

(1)  The purpose of this section is to provide that a cluster of premises does not become a retail shopping centre just because a legislative amendment has the effect of making the business carried on in one or more of existing leased premises a listed business. This exemption ceases to apply when the existing lease expires.
(2)  In this section:

exempted lease means a lease referred to in section 84B (2) (a) that is exempt from this Act by section 84B (2).

legislative amendment means:

(a)  an amendment to or the substitution of Schedule 1, or
(b)  the making, amendment or substitution of a regulation.

(3)  If:
(a)  one or more businesses become listed businesses because of a legislative amendment, and
(b)  one or more of the premises in a cluster of premises were, immediately before the date of the amendment, used wholly or predominantly for the carrying on of one or more of those businesses (and not for the carrying on of one or more of listed businesses specified immediately before that date),
the premises referred to in paragraph (b) are to be disregarded for the purpose of determining whether or not the cluster is a retail shopping centre within the meaning of this Act while they are the subject of an exempted lease.

85   Regulations

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  In particular, the regulations may make provision for or with respect to:
(a)  the qualifications, appointment and functions of specialist retail valuers, and
(b)  the preparation, format and general content of the lists of nominated specialist retail valuers, and the times or intervals at which the lists are to be provided, and
(c)  the construction of a reference in a provision of this Act to an organisation or office that no longer exists.

86   Review of Act

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 7 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 7 years.
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