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Following the announcement of the National Cabinet Mandatory Code of Conduct - SME Commercial Leasing Principles During COVID-19 (Code) on 7 April 2020, states and territories across the country have separately introduced legislation administering aspects of the Code.

At the present:

  • ACT, New South Wales, Tasmania and Victoria have introduced legislation adopting and administering aspects of the Code
  • Queensland is expected to release regulations adopting and administering the Code shortly, and
  • other states and territories have introduced legislation to varying degrees preventing commercial and retail landlords from taking “prescribed action” (which includes eviction and enforcement of leases) against tenants affected by COVID-19 but have yet to adopt or administer the Code to the extent that the Code relates to rental waivers and deferrals.

Please click here to read our summary of the provisions in each state and territory’s legislation, which includes references to the relevant principles in the Code that apply to those specific categories

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