Queensland Numbered Acts

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RETAIL SHOP LEASES AMENDMENT ACT 2006 No. 4 - SECT 15

15 Amendment of s 27 (Timing and bases of rent reviews)

(1) Section 27(5)(e) and (f)--

renumber as section 27(5)(f) and (g).

(2) Section 27(5)--

insert--
'(e) if the rent is determined as a base rent plus an amount equal to a percentage of the turnover of the lessee's business--the average rental paid over the previous year, or the stated number of previous years, of the lease;'.

(3) Section 27(5)(g), as renumbered, '(e)'--

omit, insert--

'(f)'.

(4) Section 27(6), 'above a stated amount'--

omit.

(5) Section 27(9)--

renumber as section 27(11).

(6) Section 27(7), '(9)'--

omit, insert--

'(11)'.

(7) Section 27(8)--

omit, insert--

'(8) Subsections (2) to (7) do not apply if--

(a) the lessee is a major lessee; and
(b) before the lessee entered into the lease the lessee gave the lessor a written notice stating that the lessee received appropriate financial and legal advice about the lease; and
(c) the lease provides for the timing and basis for each review of the lease.

'(9) To remove any doubt, it is declared that neither of the following is a rent review--

(a) an adjustment of the rent merely to enable the lessor to recover GST from the lessee;
(b) a rent concession.

'(10) Nothing in this section prevents a retail shop lease limiting the amount by which the rent payable under the lease may be increased.'.



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