Introduction
Just before the Easter Break on 7 April, the National Cabinet
agreed for the Mandatory Commercial Tenancy Code (the
Code) to be legislated in each state and territory
jurisdiction.
The Victorian Government has today introduced the COVID-19
Omnibus (Emergency Measures) Bill 2020 (the
Bill). The bill has the support of the Liberal / National
opposition and will be passed into law shortly.
Measures set out in the Bill
Structure
The Bill provides the ability for the Governor in Council, on
the recommendation of the Minister for Small Business, to make
regulations in respect of "eligible leases". The areas
under which the Minister may make regulations are extremely broad,
and are set out below. These include regulations which can
temporarily amend the terms of a lease, imply terms into a lease,
restrain parties to a lease from exercising rights, and extend the
term of a lease.