17ALeasing hardship

17A Leasing hardship

[Section 17A Inserted by No. 3 of 2004, s. 6, Applied:09 Jun 2004]

(1)  The Minister may determine that the rental for the replacement lease should, for all or part of its term (or remaining term), be such lower rental as the Minister considers reasonable in the circumstances if the Minister is satisfied that paying (or continuing to pay) the rental required under section 17 for that term or that part of that term would cause hardship to the lessee.

(2)  If the Minister makes a determination under subsection (1) , the rental for the replacement lease is to be adjusted accordingly.

(3)  The Minister may review a determination under subsection (1) at any time.

(4)  For the purposes of making and reviewing determinations under subsection (1) , the Minister may –

(a) require any persons claiming or continuing to claim hardship to give the Minister such financial statements and other information relevant to their real estate leasing capacity as the Minister reasonably considers necessary; and

(b) issue, and apply, such hardship eligibility criteria and leasing payment criteria as the Minister thinks fit.

(5)  The Minister may revoke or amend a determination under subsection (1) if, after reviewing the determination, he or she is satisfied that the financial circumstances of the relevant lessee have altered to such an extent that the lessee is no longer eligible to claim hardship.

(6)  If the Minister revokes or amends a determination under subsection (1) , the rental for the replacement lease is to be readjusted accordingly.

(7)  The Minister may delegate to the Secretary any of the Minister's powers under this section other than –

(a) the power to issue hardship eligibility criteria and leasing payment criteria under subsection (4)(b) ; and

(b) this power of delegation.