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ARTICLE · 12 MAY 2021

Tenant protection extended further

New laws remake or extend a number of measures implemented as a result of the pandemic.

AustraliaReal Estate and Construction

On 25 March 2021, the COVID-19 Recovery Act 2021 (Recovery Act) commenced in New South Wales.

The purpose of the Recovery Act is to remake or extend a number of measures implemented as a result of the COVID-19 pandemic. A number of Acts and Regulations have been amended by the Recovery Act including the Retail Leases Act 1994 (Retail Leases Act).

The Retail Leases Act has been amended by inserting new provisions which confirm that:

  • The Retail and Other Commercial Leases COVID-19 Regulation (No 3) 2020 continues to apply, despite the repeal of that regulation, to anything occurring in relation to a lease while the lease was an “impacted lease” as defined in the Regulation.
  • Schedule 5 to the Conveyancing (General) Regulation 2018 continues to apply, despite the repeal of that Schedule, to anything occurring in relation to a lease while the lease was an “impacted lease” as defined in the Schedule.

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