67Confidentiality of turnover information

67 Confidentiality of turnover information

(1) A landlord under a retail premises lease must not divulge or communicate to any person any information about the turnover of the tenant's business provided by the tenant in accordance with the lease.

1. 20 penalty units.

(2) However, subsection (1) does not prevent the landlord communicating or divulging any information—

(a) with the tenant's consent; or

(b) in a document giving aggregate turnover information about the retail shopping centre in which the retail premises are located in a way that does not disclose information relating to the turnover of a particular tenant's business; or

S. 67(2)(c) amended by No. 16/2017 s. 41.

(c) to a court, the Tribunal or the Small Business Commission, or for the purposes of any dispute resolution or valuation, for the purposes of this Act or the lease; or

(d) in compliance with a requirement of or under an Act; or

(e) in good faith to any of the following persons in a way that does not disclose information identifying a particular lease or tenant, or relating to a tenant's business—

(i) the landlord's professional advisers (such as legal or financial advisers); or

(ii) the proper officer of any financial institution for the purpose of enabling the landlord to obtain financial accommodation; or

(iii) a prospective purchaser of the retail premises or the building in which the premises are located.