New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 63

63 Interpretation

(1) In this Part--

"court" means a court, tribunal or other body or person authorised by law, or by consent or agreement of parties, to decide or resolve any issue that is in dispute between parties, and includes an arbitrator.

"party" or
"former party" to a retail shop lease or former retail shop lease includes a person who is a guarantor or covenantor under a lease or former lease.

"retail tenancy dispute" means any dispute concerning the liabilities or obligations (including any obligation to pay money) of a party or former party to a retail shop lease or former lease, being liabilities or obligations which arose under the lease or former lease or which arose in connection with the use or occupation of the retail shop to which the lease or former lease relates, and (without limiting the generality of the foregoing) includes a dispute about a security bond, but does not include a dispute of the kind referred to in section 31 (1) (b) as to the rent payable under a retail shop lease (where the rent is to be current market rent for the shop).

(2) This Part extends to apply to--

(a) a retail shop lease that was entered into before the commencement of section 6 or under an option granted or agreement made before the commencement of section 6, and

(b) a dispute that arose before the commencement of section 6 or which concerns a liability or obligation that arose before the commencement of section 6.