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Business Tenancies (Fair Dealings) Act 2003
66Confidentiality of turnover information
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66 Confidentiality of turnover information
(1) If a retail shop lease requires the tenant to provide information to
the landlord concerning the turnover of the business of the tenant,
the landlord must not disclose or communicate to a person the
information provided by the tenant.
(2) Subsection (1) does not prevent the landlord communicating or
disclosing information provided by the tenant as required by the
lease if the information is communicated or disclosed:
(a) with the consent of the tenant; or
(b) in a document giving aggregate turnover information about a
retail shopping centre in a manner that does not disclose
information relating to the turnover of an individual tenant's
business; or
(c) in compliance with a requirement of a court, the Commissioner
or a person conducting proceedings under Part 11; or
(d) in compliance with a requirement made by or under an Act; or
(e) to the landlord's professional advisers (such as legal or
financial advisers), or to the proper officer of a financial
institution, in good faith, to assist in enabling the landlord to
obtain financial accommodation; or
Business Tenancies (Fair Dealings) Act 2003 49
(f) in good faith to a prospective purchaser of the retail shop or
the building of which it forms part.