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ARTICLE · 04 JUNE 2020

Update On Commercial Leasing In South Australia

Johnson Winter & Slattery
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The COVID-19 Emergency Response (Further Measures) Amendment Act 2020 (Further Measures Act) and COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020 (New Regulations) amend the COVID-19 Emergency Response Act 2020 ...

AustraliaReal Estate and Construction
Paul Turner
Paul Turner
Grace Black
Grace Black
Charles Jordan
Charles Jordan
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Overview

The COVID-19 Emergency Response (Further Measures) Amendment Act 2020 (Further Measures Act) and COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020 (New Regulations) amend the COVID-19 Emergency Response Act 2020 (Act) to provide additional prohibitions, restrictions, obligations and dispute resolution mechanisms in respect of commercial leases in South Australia whilst replacing the former regulations under the Act.

This note provides a summary of the key provisions of the Further Measures Act and New Regulations.

The Further Measures Act

Section 4 of the Further Measures Act replaces section 7 of the Act and grants the Governor the power to make such regulations as are necessary or expedient for the purposes of mitigating the adverse impacts of the COVID-19 pandemic on parties to Commercial Leases. The Further Measures Act contains a non-exhaustive list of matters the New Regulations may provide for.

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