ARTICLE
25 September 2020

Update: Victorian leasing amendments now in force

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Holding Redlich

Contributor

Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
The Retail Leases Amendment Bill 2020 will impact all retail leases in Victoria and new regulations are anticipated.
Australia Real Estate and Construction

Last week we published an article here which set out the key amendments made to the Retail Leases Act 2003 and the Building Act 1993 by the Retail Leases Amendment Bill 2020 (Bill).

The Bill received Royal Assent on 22 September 2020 and is in operation as of today, 23 September 2020, except for Division 2 of Part 3, which will come into operation on 1 October 2020.

This means that all of the amendments referred to in our previous article will be in force on and from 1 October 2020, except for those regarding essential safety measures which operate from today.

The COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020 also received Royal Assent on 22 September 2020. However, that part of the Act which amends the definition of 'eligible lease' and extends the operation of the Omnibus Act will not come into operation until a day to be proclaimed, which has yet to occur.

Given the 'relevant period' referred to in the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 will end next week, we expect that the Victorian Government will shortly publish new regulations. We will provide a further update when that occurs.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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