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ARTICLE · 11 MAY 2020

Mandatory commercial tenancy code: Victorian implementation – update

The National Cabinet has agreed for the mandatory commercial tenancy code to be legislated in each state and territory.

AustraliaReal Estate and Construction

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.

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