Part 3 Premises in shopping centres

33.   Costs of obtaining information

If the costs of obtaining information relating to a shopping centre are charged to tenants, any resulting report –

(a) is to be made available to those tenants; and

(b) is to remain confidential; and

(c) must not identify any individual tenant, unless the tenant has given written consent to be identified..

34.   Advertising and promotion

(1) A property owner is not to charge a tenant for any advertising or promotion costs incurred in the promotion of the property owner only.

(2) If a property owner charges a tenant for advertising or promotion costs, the property owner is to provide an annual marketing plan, including a budget, to the tenant.

(3) The property owner, if requested by a tenant, is to make available to the tenant an unaudited advertising and promotion expenditure statement within one month of the end of each 6 months of the accounting year for the premises rented by the tenant.

(4) The property owner is to appoint an auditor to provide a report for tenants.

(5) The report –

(a) is to be given within 3 months of the end of each accounting year for the premises; and

(b) is to contain a statement, prepared in accordance with recognised accounting principles, showing how the advertising and promotion costs have been charged and expended.

(6) Any money collected from tenants as advertising and promotion costs which is not expended in the current year is to be retained in a marketing fund for their benefit.

(7) If a levy is charged for an opening promotion, the budget referred to in subclause (2) is to be presented to contributors before the opening.

(8) A property owner is not to require a tenant to undertake any advertising of his or her business in addition to the tenant's contribution to outgoings for advertising and promotion specified in the lease.