NSWIn ForceAct
Retail Leases Act 1994
87Regulation-making power
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#### 87 Regulation-making power
87 Regulation-making power
> > (1) The regulations under any relevant Act may provide for the following matters for the purposes of responding to the public health emergency caused by the COVID-19 pandemic—
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> > > (a) prohibiting the recovery of possession of premises by a lessor or owner of premises or land from a lessee or tenant of the premises or land under the relevant Act in particular circumstances,
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> > > (b) prohibiting the termination of a lease or tenancy by a lessor or owner of premises or land under the relevant Act in particular circumstances,
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> > > (c) regulating or preventing the exercise or enforcement of another right of a lessor or owner of premises or land under the relevant Act or an agreement relating to the premises or land in particular circumstances,
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> > > (d) exempting a lessee or tenant, or a class of lessees or tenants, from the operation of a provision of the relevant Act or any agreement relating to the leasing or licensing of premises or land.
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> > (2) The Minister may recommend to the Governor that regulations be made under this section only if—
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> > > (a) Parliament is not currently sitting and is not likely to sit within 2 weeks after the day the regulations are made, and
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> > > (b) in the Minister’s opinion, the regulations are reasonable to protect the health, safety and welfare of lessees or tenants under the Act.
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> > (3) Regulations made under this section are not limited by the regulation-making power in a relevant Act.
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> > (4) Regulations made under this section expire on—
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> > > (a) the day that is 6 months after the day on which the regulation commences, or
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> > > (b) the earlier day decided by Parliament by resolution of either House of Parliament.
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> > (5) In this section—
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> > relevant Act means any of the following—
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> > > (a) [Agricultural Tenancies Act 1990](/view/html/inforce/current/act-1990-064),
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> > > (b) [Retail Leases Act 1994](/view/html/inforce/current/act-1994-046),
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> > > (c) any other Act relating to the leasing of premises or land for commercial purposes.
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> **s 87:** Ins 2020 No 1, Sch 2.18.