9Application of Act

9 Application of Act

(1)  The provisions of this Act apply, according to their terms, in relation to a commercial lease, despite any provision of the lease or of any Act or law.

(2)  Despite subsection (1) , this Act does not apply in relation to a commercial lease in relation to premises being occupied wholly or predominantly for business purposes by a lessee on behalf of the lessor.

(3)  The provisions of this Act apply, according to their terms, in relation to a commercial lease, whether entered into before or during the financial hardship period and whether or not the lease is –

(a) entered into pursuant to an option, contained in another commercial lease, for a further lease; or

(b) a renewal of a commercial lease.

(4)  The provisions of a protected lease are taken to be modified to the extent necessary to give effect to the operation of this Act.

(5)  In the event of an inconsistency between a provision of a protected lease and a provision of this Act that applies in relation to the protected lease during the financial hardship period, the provision of this Act applies, and the provision of the protected lease does not apply, to the extent of the inconsistency.