Interpretation
1 Interpretation
In this Schedule, unless the contrary intention appears—
adjacent lessee, in relation to a casual mall licence area, means a lessee of a retail shop that is in the same retail shopping centre and is situated in front of or immediately adjacent to the casual mall licence area;
casual mall licence means an agreement under which a person grants, or agrees to grant, to another person a right to occupy a designated part of a mall area for the purposes of the sale of goods or the supply of services to the public, where the total number of days the person is permitted to occupy the area does not exceed 180 days;
casual mall licence area, in relation to a casual mall licence, means the part of the mall area in respect of which a person is granted a right of occupancy under the casual mall licence;
casual mall licence plan—see clause 2(2);
casual mall licence policy—see clause 2;
centre court means a part of a mall area designated as a centre court by the lessor in a casual mall licence policy in accordance with clause 2;
common area does not include parking areas, loading docks, plant rooms, customer service areas, stairways, escalators, travelators, lifts, lift wells, toilets, restrooms, seating areas, food courts, stage areas, entertainment areas, or lifestyle precincts;
competitor—see subclause (2);
external competitor—see subclause (3);
internal competitor—see subclause (4);
mall area means a part of the common area of a retail shopping centre accessible to the public that is bordered wholly or partly by the shopfronts of retail shops;
non-specific outgoings means outgoings to which section 34 applies;
sales period means a period not exceeding four weeks fixed from time to time by the lessor as a period during which the lessor promotes a sales event in the retail shopping centre;
special event means a community, cultural, arts, entertainment, recreational, sporting, promotional or other similar event that is to be held in the retail shopping centre over a limited period of time.
For the purposes of this Schedule—
in the case of the sale of goods—a person is a competitor of another person if more than 50 per cent (on a floor area occupied by display basis) of the goods displayed for sale by the person are of the same general kind as more than 20 per cent (on a floor area occupied by display basis) of the goods displayed for sale by the other person;
in the case of the supply of services—a person is a competitor of another person if the person competes with the other person to a substantial extent.
For the purposes of this Schedule, a person granted a casual mall licence is an external competitor of a lessee of a retail shop if the person is, in the business conducted in the casual mall licence area, a competitor of the lessee but is not a lessee of another retail shop in the same retail shopping centre.
For the purposes of this Schedule, a person granted a casual mall licence is an internal competitor of a lessee of a retail shop if the person is, in the business conducted in the casual mall licence area, a competitor of the lessee and is a lessee of another retail shop in the same retail shopping centre.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.