RETAIL LEASES ACT 2003 - SECT 3 Definitions
RETAIL LEASES ACT 2003 - SECT 3
DefinitionsIn this Act—
S. 3 def. of accountant amended by No. 36/2011 s. 39.
"accountant" means a member of—
(a) the Institute of Chartered Accountants in Australia; or
(b) CPA Australia (ACN 008 392 452); or
(c) the Institute of Public Accountants;
S. 3 def. of accounting period inserted by No. 82/2005 s. 4.
"accounting period", in relation to a retail premises lease, means the period of 12 months specified in the lease as the accounting period for the purposes of the lease;
S. 3 def. of applicable industry code amended by No. 21/2012 s. 239(Sch. 6 item 37.1).
applicable industry code has the meaning given by section 51ACA of the Competition and Consumer Act 2010 of the Commonwealth;
assignment of a retail premises lease has a meaning affected by section 8;
"building" includes any structure;
common areas of a retail shopping centre has the meaning given by section 6;
dispute arising under or in relation to a retail premises lease includes a dispute arising under or in relation to the lease under a provision of this Act;
S. 3 def. of essential safety measure inserted by No. 26/2020 s. 4(1).
"essential safety measure" has the same meaning as in the Building Regulations 2018 or any subsequent corresponding regulations;
Note
See section 30 of the Interpretation of Legislation Act 1984 .
"fit out" of retail premises includes the provision or installation of finishes, fixtures, fittings, equipment and services;
"GST" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
S. 3 def. of industry code amended by No. 21/2012 s. 239(Sch. 6 item 37.2).
industry code has the meaning given by section 51ACA of the Competition and Consumer Act 2010 of the Commonwealth;
"key-money" means money that a tenant is to pay, or a benefit that a tenant is to give, that is—
(a) by way of a premium, or something similar in nature to a premium, in that there is no real consideration or no true consideration given for the payment or benefit (for example, it is so disproportionate to the benefit that it cannot be true consideration); and
(b) in consideration of—
(i) a lease being granted or an agreement being made to grant a lease; or
(ii) the variation of a lease; or
(iii) the renewal of a lease or the granting of an option for the renewal of a lease; or
(iv) consent being given to the assignment of a lease or to the sub-leasing of the premises to which a lease relates;
"landlord" under a retail premises lease—
(a) means the person who under the lease is entitled to the rent payable for the premises; and
(b) in Part 10, includes a former landlord (because of section 83) ;
"lease"—
(a) means a lease, sub-lease, or an agreement for a lease or sub‑lease, whether or not in writing; and
(b) in Part 10, includes a former lease (because of section 83);
S. 3 def. of legal practitioner substituted by No. 18/2005 s. 18(Sch. 1 item 92), amended by No. 17/2014 s. 160(Sch. 2 item 85).
"legal practitioner" means an Australian lawyer;
S. 3 def. of outgoings amended by No. 26/2020 s. 4(2).
"outgoings" means a landlord's outgoings on account of any of the following—
(a) the expenses (including the cost, or part of the cost, of repairs or maintenance work in respect of an essential safety measure or an installation referred to in section 41(2)(b)(ii)) directly attributable to the operation, maintenance or repair of—
(i) the building in which the retail premises are located or any other building or area owned by the landlord and used in association with the building in which the retail premises are located; or
(ii) in the case of retail premises in a retail shopping centre, any building in the centre or any areas used in association with a building in the centre;
(b) rates, taxes, levies, premiums or charges payable by the landlord because the landlord is—
(i) the owner or occupier of a building referred to in paragraph (a) or of the land on which such a building is erected; or
(ii) the supplier of a taxable supply, within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, in respect of any such building or land;
renewal of a retail premises lease has the meaning given by section 9;
retail premises has the meaning given by section 4;
retail shopping centre means a cluster of premises that has all of these attributes—
(a) at least 5 of the premises are retail premises;
(b) the premises are all owned by the same person or have (or would have if leased) the same landlord or the same head landlord;
(c) the premises are located—
(i) in a single building; or
(ii) in 2 or more buildings that are—
(A) adjoining; or
(B) separated only by common areas or other areas owned by the owner of the retail premises; or
(C) separated only by a road;
(d) the cluster of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade;
retail tenancy dispute in Part 10 has the meaning given by section 81;
S. 3 def. of Small Business Commission inserted by No. 16/2017 s. 32(b).
"Small Business Commission" means the Small Business Commission established under section 4 of the Small Business Commission Act 2017 ;
S. 3 def. of Small Business Commis-sioner repealed by No. 16/2017 s. 32(a).
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"specialist retail valuer" means—
(a) for the purposes of a valuation relating to retail premises in a retail shopping centre, a valuer having not less than 5 years' experience in valuing retail premises located in regional or sub‑regional shopping centres; or
(b) for the purposes of a valuation relating to any other retail premises, a valuer having not less than 5 years' experience in valuing retail premises;
tenant under a retail premises lease—
(a) means the person who under the lease is entitled to occupy the premises; and
(b) in Part 10, includes a former tenant (because of section 83) ;
Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 .