Retail Shop Leases Act 1994
sec.46AUnconscionable conduct
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sec.46A Unconscionable conduct
A lessor must not, in connection with a retail shop lease, engage in conduct that is, in all the circumstances, unconscionable. A lessee must not, in connection with a retail shop lease, engage in conduct that is, in all the circumstances, unconscionable. For this section, a person is not to be taken to engage in unconscionable conduct in connection with a retail shop lease only because the person— starts legal proceedings relating to the lease; or refers to arbitration a dispute or claim relating to the lease; or fails to issue or renew the lease. This section does not apply to conduct that occurred before the commencement of this section. s 46A ins 2000 No. 19 s 22 (sec.46A-ssec.1) A lessor must not, in connection with a retail shop lease, engage in conduct that is, in all the circumstances, unconscionable. (sec.46A-ssec.2) A lessee must not, in connection with a retail shop lease, engage in conduct that is, in all the circumstances, unconscionable. (sec.46A-ssec.3) For this section, a person is not to be taken to engage in unconscionable conduct in connection with a retail shop lease only because the person— starts legal proceedings relating to the lease; or refers to arbitration a dispute or claim relating to the lease; or fails to issue or renew the lease. (sec.46A-ssec.4) This section does not apply to conduct that occurred before the commencement of this section.
- (a) starts legal proceedings relating to the lease; or
- (b) refers to arbitration a dispute or claim relating to the lease; or
- (c) fails to issue or renew the lease.