Australian Capital Territory Numbered Acts

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TENANCY TRIBUNAL ACT (NO. 64 OF 1994) - SECT 3

Interpretation

3. In this Act, unless the contrary intention appears—“approved mediator” means a mediator approved under section 17; “Code” means the code of practice approved under section 75, as in force from time to time; “commercial premises” means premises used, or intended to be used, wholly or predominantly for carrying on a business other than a business involving—

(a) the sale or hire of goods by retail; or

(b) the provision of services by retail;

“conduct”, in relation to a lease, includes making a request or demand of a person in relation to the lease, or taking other action to enforce the terms of the lease;
“Director” means the Director of Consumer Affairs;
“evidence”, in relation to a hearing or to mediation, includes a document tendered, or a statement or admission made, by a party or by a witness in the course of that hearing or mediation;
“hearing” means—

(a) a hearing by the Registrar under Part V;

(b) a hearing by the Tribunal under section 35; or

“key money” means any money paid by or on behalf of a tenant to, or at the discretion of, an owner, or any benefit conferred on, or at the discretion of, an owner, other than—

(a) rent;

(b) a payment for the goodwill of a business sold or to be sold by the owner to a tenant;

(d) money payable on account of outgoings;

(e) money payable to a person for attendances on a tenant in connection with the preparation of documents that are relevant to a lease;

(f) any reasonable sum of money payable to an owner for goods and services provided, or to be provided, to a tenant; or

(g) any money permitted to be paid under the Code;

“lease” means an agreement, whether in writing or not, that provides for the occupation of premises exclusively or otherwise, whether for a fixed term, periodically or at will, and includes a sublease but does not include—

(a) an agreement relating to the common area of a shopping centre by reason only that it provides for a person to use a portion of that area; or

(b) a lease granted under, or to be taken to be granted under, the Land (Planning and Environment) Act 1991 ;

“mediated agreement” means an agreement, consistent with any applicable provisions of the Code, reached as a result of mediation under Part IV or a hearing under Part V;
“mediation report” means a report under section 21;
“multiple rent review clause” means a provision in a lease that—

(a) has the effect of reserving to a party a discretion as to which of 2 or more methods of calculating a change to rent is to apply; or

(b) provides for rent to change in accordance with whichever of 2 or more methods of calculating the change would result in the higher or highest rent;

whether generally or on a particular occasion;
“option”, in relation to a lease, means a right contained in that lease to choose to extend or renew the lease on the same, or substantially the same, terms and conditions as are contained in the lease;
“owner” means a person who grants, or proposes to grant, a right to occupy premises under a lease, and includes any heir, executor, administrator or assign of that person;
“party”—

(a) in relation to a lease, means—

(i) the owner; or

(ii) the tenant;

(b) in relation to mediation, means a person referred to in section 16;

(d) in relation to a hearing before the Tribunal, means a person referred to in section 33;

“ratchet clause”, in relation to a provision in a lease for determining rent variations in such a way that rent might decrease, means a provision in that lease that has the effect of preventing, or giving a person the power to prevent, that decrease;
“renewal”, in relation to a lease, does not include exercising an option contained in the lease;
“Registrar” means the public servant for the time being performing the functions of the Registrar of the Tribunal by virtue of section 67;
“retail premises” means premises that are used, or are intended to be used, wholly or predominantly for carrying on a business involving—

(a) the sale or hire of goods by retail; or

(b) the provision of services by retail;

“review statement”, in relation to a decision by the Registrar, means a statement referred to in section 74 about that decision;
“shopping centre” means a group of premises where—

(a) at least 5 of the premises are retail, small commercial or premises prescribed by the Code, or a mixture of those premises;

(b) the premises—

(i) all have, or would have if leased, the same owner or same head owner; or

(ii) all comprise lots within a single unit plan under the Unit Titles Act 1970 ;

(i) in a single building; or

(ii) in buildings that adjoin, or are separated only by areas owned by the owner of the premises; and

(d) the group of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade;

“small commercial premises” means commercial premises with a lettable area of no more than 300 metres ²;
“substantive commencement date” means the date on which the general interpretation or definition clause of the first Code approved commences;
“tenant” means a person who has the right to occupy premises under a lease, and includes—

(a) a subtenant;

(b) any heir, executor, administrator or assign of a tenant; and

“Tribunal” means the Tenancy Tribunal established by section 60.

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