Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
In this Act:
Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001 , s 155).
"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.
commissioner means the commissioner for fair trading.
"conduct", in relation to a lease, means any act or omission including making a request or demand of a person in relation to the lease, or taking other action to enforce the terms of the lease.
"deputy president" means a deputy president of the tribunal.
"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 5; or
(b) a hearing by the tribunal under section 35; or
(c) the hearing of an application for an interim order under section 53.
"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; or
(b) a payment for the goodwill of a business sold or to be sold by the owner to a tenant; or
(c) a repayable security bond or security deposit, or a guarantee by way of security; or
(d) money payable on account of outgoings; or
(e) money payable to a person for attendances on a tenant in connection with the preparation of documents that are relevant to a lease; or
(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 or a licence but does not include—
(a) an agreement relating to the common area of a shopping centre only because it provides for a person to use a part 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 4 or a hearing under part 5.
"mediation report" means a report under section 21.
"member", of the tribunal, means the president, a deputy president or a non-presidential member.
"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.
"non-presidential member" means a member of the tribunal who is not a presidential member.
"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.
"owner member"—see section 64 (2).
"party"—
(a) in relation to a lease, means—
(i) the owner; or
(ii) the tenant; or
(b) in relation to mediation—means a person referred to in section 16; or
(c) in relation to a hearing before the registrar—means a person referred to in section 23; or
(d) in relation to a hearing before the tribunal—means a person referred to in section 33.
"president" means the president of the tribunal.
"presidential member" means the president or a deputy president of the tribunal.
"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 registrar of the tribunal.
"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; and
(b) the premises—
(i) all have, or would have if leased, the same owner or same head owner; or
(ii) all comprise units in a single units plan under the Unit Titles Act 2001 ; and
(c) the premises are located—
(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 300m 2 .
"substantive commencement date" means 1 January 1995.
"tenant" means a person who has the right to occupy premises under a lease, and includes—
(a) a subtenant; and
(b) any heir, executor, administrator or assign of a tenant; and
(c) a prospective tenant.
"tenant member"—see section 64 (2).
"tribunal" means the Tenancy Tribunal established by section 60.