Interpretation

Current

(1)

In this Act, unless the contrary intention appears—

accounting period means a period fixed as an accounting period in a retail shop lease;

alternative dispute resolution includes mediation, but does not include arbitration or expert determination;

certified exclusionary clause—see section 20K;

collateral agreement includes a guarantee under which the guarantor guarantees the performance of the obligations of a lessee under a retail shop lease;

Commission means the Small Business Commission established under section 3A of the Small

Business Commission Act 2011;

Commissioner means the person holding or acting in the office of Small Business

Commissioner;

core trading hours means the hours for which a retail shop is required under a retail shop lease to be kept open for business;

demolition of a building of which a retail shop forms part includes a substantial repair, renovation or reconstruction of the building that cannot be carried out practicably without vacant possession of the shop;

disclosure statement—see section 12;

enclosed shopping complex means a group of three or more retail shops under common ownership or management with a common area through which public access is obtained to all or some of the shops and which is locked to prevent public access through that area when those shops are closed for business;

Fund means the Retail Shop Leases Fund;

GST means the tax payable under the GST law;

GST law means—

(a)

New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and

(b)

the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services;

lawyer means a person entitled to practise the profession of law in the

State;

lessee means the person who has the right to occupy a retail shop under a retail shop lease, and includes—

(a)

a sublessee; and

(b)

a prospective lessee or a former lessee;

lessor means the person who grants or proposes to grant the right to occupy a retail shop under a retail shop lease, and includes—

(a)

a sublessor; and

(b)

a prospective lessor or a former lessor;

Magistrates

Court means the Civil (Consumer and Business) Division of the Magistrates

Court;

outgoings means a lessor's outgoings on account of the expenses of operating, repairing or maintaining the retail shop or a retail shopping centre in which the retail shop is located (including rates, taxes, levies, premiums or charges payable by the lessor) but does not include outgoings which are directly proportional to the level of a lessee's consumption or use and for which the lessee is required to reimburse the lessor under the lease;

party means the lessor or the lessee under a retail shop lease;

premium means money paid, or a benefit given, to or as directed by the lessor or the lessor's agent in connection with the granting, renewal, extension or assignment of a lease (and a reference in this

Act to the payment of a premium extends to giving a benefit);

public company has the same meaning as in section 9 of the Corporations

Act 2001 of the Commonwealth;

Registrar means the Principal Registrar of the Magistrates Court of South

Australia;

renewal of a retail shop lease extends to the lessor and the lessee entering into a new retail shop lease for the retail shop (whether on the same or different terms);

retail shop means—

(a)

business premises—

(i)

at which goods are sold to the public by retail; or

(ii)

at which services are provided to the public, or to which the public is invited to negotiate for the supply of services; or

(b)

business premises classified by regulation as premises to which this Act applies, but does not include business premises of a class excluded by regulation from the ambit of this definition;

retail shop lease or lease means an agreement under which a person grants or agrees to grant to another person for value a right to occupy a retail shop for carrying on a business—

(a)

whether or not the right is a right of exclusive occupation; and

(b)

whether the agreement is express or implied; and

(c)

whether the agreement is oral or in writing, or partly oral and partly in writing;

retail shopping centre means a cluster of premises with the following attributes:

(a)

at least five of the premises are retail shops; and

(b)

the premises are all owned by the same person, or have (or would if leased have) the same lessor or the same head lessor, or comprise lots within the same community plan under the Community

Titles Act 1996 or units within the same strata plan under the Strata

Titles Act 1988;

and

(c)

the premises are located in the one building or in two or more buildings that are either adjoining or separated only by common areas or other areas owned by the owner of the premises; and

(d)

the cluster of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade;

statutory rights of security of tenure means the rights conferred on a lessee by Part 4A

Division 2 and, if the retail shop lease relates to premises in a retail shopping centre, by Part

4A Division 3;

subsidiary includes a subsidiary within the meaning of section 9 of the

Corporations

Act 2001 of the Commonwealth.

(1a)

For the purposes of this Act—

prescribed threshold, in relation to rent payable under a retail shop lease, means—

(a)

the amount of $400 000 per annum exclusive of GST; or

(b)

if a greater amount is prescribed by the regulations for the purposes of this definition and the Act—the amount so prescribed.

(2)

In the interpretation of this Act, accepted practices and interpretations in the industry concerning the leasing of retail shops are to be taken into account.

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3 Interpretation