sec.44Particular proceedings under the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020

### sec.44 Particular proceedings under the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 This section applies in relation to a small business tenancy dispute other than an affected lease dispute, if— before the commencement—a party to the dispute had given a dispute notice to the pre-commencement small business commissioner; and on the commencement— the parties have not entered into a settlement agreement for the dispute; or for a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or for a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court. The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 continues to apply in relation to the dispute. In this section— affected lease dispute see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , schedule 1. dispute notice see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , section 26(1). pre-commencement small business commissioner means the commissioner appointed under the repealed COVID-19 Emergency Response Act 2020 , part 6 immediately before the commencement. settlement agreement see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , section 32. small business tenancy dispute see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , schedule 1. (sec.44-ssec.1) This section applies in relation to a small business tenancy dispute other than an affected lease dispute, if— before the commencement—a party to the dispute had given a dispute notice to the pre-commencement small business commissioner; and on the commencement— the parties have not entered into a settlement agreement for the dispute; or for a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or for a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court. (sec.44-ssec.2) The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 continues to apply in relation to the dispute. (sec.44-ssec.3) In this section— affected lease dispute see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , schedule 1. dispute notice see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , section 26(1). pre-commencement small business commissioner means the commissioner appointed under the repealed COVID-19 Emergency Response Act 2020 , part 6 immediately before the commencement. settlement agreement see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , section 32. small business tenancy dispute see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , schedule 1. - (a) before the commencement—a party to the dispute had given a dispute notice to the pre-commencement small business commissioner; and - (b) on the commencement— (i) the parties have not entered into a settlement agreement for the dispute; or (ii) for a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or (iii) for a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court. - (i) the parties have not entered into a settlement agreement for the dispute; or - (ii) for a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or - (iii) for a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court. - (i) the parties have not entered into a settlement agreement for the dispute; or - (ii) for a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or - (iii) for a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court.