Hansard - ACT Legislative Assembly

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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 718 ..

(i) does not propose to re-lease the premises within a period of at least 6 months after the end of the term of the lease; and

(ii) needs vacant possession of the premises during that period for the lessor's own purposes (but not to carry on a business of the same kind as the business carried on by the tenant at the premises).

(6) Also, this section does not apply in relation to the lease if-

(a) section 107B applies in relation to the lease; or

(b) if the lease is a sublease-the sublease is as long as the term of the head lease allows; or

(c) the lease arises when the tenant holds over after the end of an earlier lease with the consent of the lessor and the holding over is for 6 months or less; or

(d) the lease is excluded from this section under the regulations.

Note This Act does not apply to leases with a term of less than 6 months unless they are continuous occupation leases (see s 12 (2) (c)).

107B Certified exclusionary clauses

(1) Section 107A may be excluded in relation to a lease by a certified exclusionary clause.

(2) A certified exclusionary clause is a provision of a lease in relation to which a certificate signed by an independent lawyer is endorsed on the lease to the effect that-

(a) before the lease was signed and at the tenant's request, the lawyer explained the effect of the provision and how section 107A would apply in relation to the lease if the lease did not include the provision; and

(b) the tenant gave the lawyer apparently credible assurances that the tenant was not acting under coercion or undue influence in asking for or agreeing to the inclusion of the provision in the lease.

(3) For this section, an independent lawyer is a lawyer who is not acting for the lessor.

107C Fair dealing between lessor and tenant about renewal of shopping centre lease

(1) If the lessor fails to comply with section 107A (Rules of conduct at end of lease term for shopping centre leases) in relation to premises in the retail area of a shopping centre and the tenant is prejudiced by the failure, the tenant may apply to the Magistrates Court.

Note Under s 52 (Market rent-rent reviews, options and renewals) the lessor or tenant may ask the Magistrates Court to refer a dispute about the rent to be paid under a renewal to mediation.

(2) On application under this section, the Magistrates Court may make any order it considers appropriate.

(3) Without limiting subsection (2), the Magistrates Court may-

(a) order the lessor to renew or extend the lease, or to enter into a new lease with the tenant, on terms approved by the court (but not to the prejudice of the rights of a third-

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