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Update - Victorian status of the National Cabinet Mandatory Code of Conduct for Commercial Tenancies

In early April, the National Cabinet released the Code. Subsequently, the Victorian government passed the Omnibus (Emergency Measures) Act 2020 (Act). The Act serves to temporarily amend certain Acts and allow the making of regulations in response to the COVID-19 pandemic. In relation to the Code, the Act defines an eligible lease as a retail lease or non-retail commercial lease or licence that is in effect on the commencement of regulations (which may be backdated to 29 March 2020). The tenant must be an SME entity (presumably having an annual turnover of up to $50 million) and be an employer that qualifies for and is participating in the Job Keeper scheme. Tenants who have an aggregate tur

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