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Commercial Tenancy (Retail Shops) Agreements Act 1985
2The *Commercial Tenancy (Retail Shops) Agreements Amendment Act 1998* s. 14 reads as follows:
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2 The *Commercial Tenancy (Retail Shops) Agreements Amendment Act 1998* s. 14 reads as follows:
14. Saving and transitional
(1) In this section —
existing lease in relation to a provision of this Act means a retail shop lease entered into —
(a) before the coming into operation of that provision; or
(b) pursuant to an option granted in a retail shop lease entered into before the coming into operation of that provision,
but does not include a retail shop lease to which the provision does not apply by reason of section 4 of the principal Act;
new lease in relation to a provision of this Act means a retail shop lease entered into on or after the coming into operation of that provision and —
(a) includes an extension of the term of a retail shop lease entered into before the coming into operation of that provision if the extension is granted on or after the coming into operation of that provision; but
(b) does not include a retail shop lease so entered into pursuant to an option granted in a retail shop lease entered into before the coming into operation of that provision;
retail shop lease has the same meaning as it has in the principal Act.
(2) Subject to subsection (3), the principal Act as amended by a provision of this Act applies only to and in relation to a new lease and the principal Act applies to and in relation to an existing lease as if that provision had not been enacted.
(3) Each of —
(a) section 3(1) of the principal Act as amended by section 4(1)(a) of this Act, only in relation to the insertion of the definition of “accountant”;
(b) section 3(3) of the principal Act as inserted by section 4(2) of this Act;
(c) section 11(3a) of the principal Act as inserted by section 7(3) of this Act;
(d) section 11(5) of the principal Act as amended by section 7(4) of this Act; and
(e) section 11(6) and (7) of the principal Act as inserted by section 7(5) of this Act,
applies to and in relation to an existing lease and a new lease.
(4) This section applies despite an agreement to the contrary between the parties to a retail shop lease whether or not the agreement is contained in the retail shop lease.
(5) This section does not affect the operation of section 22(1) of the *Commercial Tenancy (Retail Shops) Agreements Amendment Act 1990*.
3 The *Taxation Administration (Consequential Provisions) Act 2002* s. 3 and 4 and Pt. 4 are transitional provisions that are of no further effect.
4 The *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 5, the *State Administrative Tribunal Act 2004* s. 167 and 169, and the *State Administrative Tribunal Regulations 2004* r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.