Western Australia has now given effect to the National Cabinet Mandatory Code of Conduct (National Code) through its release of the long-awaited Commercial Tenancies (COVID-19 Response) Regulations 2020 (WA) (Regulations), which supplements the provisions of the Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (Act).

The Regulations contain the Western Australia Code of Conduct (WA Code) and provide much-needed clarity on how a number of aspects of the National Code are to be implemented in Western Australia. Western Australia’s later release date has meant that it has had the time to consider and address some of the things which have led to uncertainty in other jurisdictions. It also includes some additional elements which have not been seen in any of the Eastern Seaboard jurisdictions and which will undoubtedly provoke strong reactions from industry.

This alert summarises the Regulations and some of the implications for landlords and tenants.