10Provisions in certain agreements unenforceable, &c.

10 Provisions in certain agreements unenforceable, &c.

[Section 10 Inserted by No. 76 of 1994, s. 10 ]

(1)  In this section shopkeeper means a person who carries on the business of selling goods by retail at a shop located in this State.

(2)  [Section 10 Subsection (2) amended by No. 1 of 2002, s. 7, Applied:01 Dec 2002] A provision of a lease agreement, franchise agreement or other agreement is unenforceable if that provision purports to require a shopkeeper to keep a shop open for business for any period of time, other than a period between the hours of 8 a.m. and 6 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday.

(3)  Subsection (2) has effect regardless of whether the lease agreement, franchise agreement or other agreement referred to in that subsection –

(a) was entered into in this State or elsewhere; or

(b) contains a provision generally to the effect that the agreement is to be construed, or that any dispute concerning the agreement is to be determined, in accordance with the law of a place outside this State.

(4)  [Section 10 Subsection (4) amended by No. 1 of 2002, s. 8, Applied:01 Dec 2002] A person who has entered into a lease agreement, franchise agreement or other agreement with a shopkeeper must not, by means of any threat or offer of reward or otherwise, induce or attempt to induce that shopkeeper to keep a shop open for business for any period of time, other than a period between the hours of 8 a.m. and 6 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday, after that shopkeeper has, by words or writing, clearly expressed to that person an unwillingness to so open that shop.

Penalty:  –

(a) in the case of a body corporate– a fine not exceeding 200 penalty units; or

(b) in any other case– a fine not exceeding 150 penalty units.

(5)  [Section 10 Subsection (5) amended by No. 1 of 2002, s. 8, Applied:01 Dec 2002] A person must not terminate or refuse to renew a lease agreement, franchise agreement or other agreement with a shopkeeper on the ground that the shopkeeper does not agree to keep a shop open for business for any period of time, other than a period between the hours of 8 a.m. and 6 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday.