ACT
See sections 19-20. A provision of a lease which is inconsistent with the Act is void to the extent of the inconsistency. Provisions required to be included in a lease are deemed to be included.
NSW
See section 7. The Act operates despite the provisions of a lease. The terms of the Act cannot be avoided by agreement between the parties, whether the agreement is contained within the lease or any other arrangement.
NT
See section 9. The Act operates despite the provisions of a retail shop lease. To the extent that the lease is inconsistent with the Act, the provisions of the lease are void. This extends to provisions of an agreement or arrangement between the parties of a retail shop lease to the extent that provision would have been void if it were in the lease.
QLD
See sections 15-17. Any duty or entitlement conferred by the Act is included in the lease. Any provision in the lease purporting to exclude the application of the Act is void. The Act prevails over inconsistent provisions in leases.
SA
See section 5. The Act overrides leases, and to the extent that the lease is inconsistent with the Act, the provision within the lease is void.
TAS
See section 2(6). The Code prevails over inconsistent provisions of a lease or an agreement for lease.
VIC
See section 94. The Act overrides leases.
WA
See section 15 andsection 3(2). It is not possible to contract out of the Act. The Act overrides the provisions in retail shop leases, and to the extent that the lease is inconsistent with the Act, the provision within the retail shop lease is void. This applies whether the agreement is contained within the lease itself or in any side agreement. The definition of "lease" in the Act is very wide and includes any verbal or written lease, licence or other agreement providing for occupation of premises in WA.
Definitions and currency