New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 84C

84C Transitional provisions regarding additions to list of businesses: shopping centres

(1) The purpose of this section is to provide that a cluster of premises does not become a retail shopping centre just because a legislative amendment has the effect of making the business carried on in one or more of existing leased premises a listed business. This exemption ceases to apply when the existing lease expires.

(2) In this section--

"exempted lease" means a lease referred to in section 84B (2) (a) that is exempt from this Act by section 84B (2).

"legislative amendment" means--

(a) an amendment to or the substitution of Schedule 1, or

(b) the making, amendment or substitution of a regulation.

(3) If--

(a) one or more businesses become listed businesses because of a legislative amendment, and

(b) one or more of the premises in a cluster of premises were, immediately before the date of the amendment, used wholly or predominantly for the carrying on of one or more of those businesses (and not for the carrying on of one or more of listed businesses specified immediately before that date),

the premises referred to in paragraph (b) are to be disregarded for the purpose of determining whether or not the cluster is a retail shopping centre within the meaning of this Act while they are the subject of an exempted lease.