Div 5General provisions

Division 5—General provisions 20K—Certified exclusionary clause (1) Subject to this section, the rights conferred by this Part cannot be excluded or modified by contract. (2) However, the statutory rights of security of tenure may be excluded by a certified exclusionary clause. (3) A certified exclusionary clause is a provision of a retail shop lease in respect of which a certificate signed by the Commission, or a lawyer who is not acting for the lessor, is endorsed on the lease to the effect that— (a) the Commission or lawyer (as the case may be) has, at the request of the prospective lessee, explained the effect of the provision and how this Part would apply in relation to the lease if the lease did not include that provision; and (b) the prospective lessee gave the Commission or lawyer (as the case may be) apparently credible assurances that the prospective lessee was not acting under coercion or undue influence in requesting or consenting to the inclusion of the provision in the lease. (4) The Commission may require payment of a fee prescribed by the regulations for the provision of a certificate under this section. 20L—Premium for renewal or extension prohibited (1) A lessee cannot be required to pay a premium for the renewal or extension of a retail shop lease. (2) If a lessor or a person acting on behalf of a lessor seeks or accepts a premium for the renewal or extension of a retail shop lease— (a) the lessor is guilty of an offence and liable to a penalty not exceeding $15 000; and (b) the lessee may recover the amount of the payment as a debt (whether or not the lessor is convicted of the offence). (3) This section does not prevent a lessor from— (a) requiring payment from the lessee of a reasonable sum for legal or other expenses incurred in connection with the renewal or extension of a retail shop lease; or (b) receiving payment of rent in advance; or (c) requiring reasonable security from the lessee or another person to secure performance of the lessee's obligations under the renewed or extended lease; or (d) seeking or accepting payment for the grant of a franchise in connection with the renewal or extension of the lease. 20M—Unlawful threats A lessor or an agent acting for a lessor must not make threats to dissuade a lessee from— (a) exercising a right or option to renew or extend a retail shop lease; or (b) exercising rights under this Part. Maximum penalty: $15 000. 20N—Exclusion of legal consequences for which express provision is not made Except as expressly provided in this Part, there is no civil remedy for non-compliance with this Part.