Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
"accountant" means:
(a) a member of the Institute of Chartered Accountants in Australia who holds a current Certificate of Public Practice issued by the Institute; or
(b) a member of CPA Australia Ltd ACN 008 392 452 who holds a current Public Practice Certificate in accordance with the by-laws of CPA Australia Ltd; or
(c) a person registered as an auditor under the Corporations Act 2001.
"assignor's disclosure statement" means a statement mentioned in section 56.
"business lease" means:
(a) a retail shop lease; or
(b) any other agreement or contract (including a tenancy and sublease) under which business premises are let or hired to a person:
(i) whether or not the right is a right of exclusive occupation; and
(ii) whether the agreement is express or implied; and
(iii) whether the agreement is oral or in writing, or partly oral and partly in writing.
"business premises" means:
(a) a retail shop; or
(b) premises leased primarily for business purposes, whether or not the premises may be used as a residence under the business lease.
"Commissioner" means the Commissioner of Business Tenancies under section 12.
"conveyancing agent" means a person who is authorised under the Agents Licensing Act 1979 to carry out the functions of a conveyancing agent as defined in section 5(2)(c) of that Act.
COVID-19 , for Part 1A, see section 11A.
COVID-19 public health emergency , for Part 1A, see section 11A.
"EMA declaration", for Part 1A, see section 11A.
"emergency period", for Part 1A, see section 11B(1).
"fitout obligations", in relation to a retail shop, means finishes, fixtures, fittings, equipment or services that the landlord is required to provide before the tenant enters into possession of the shop.
"key-money" means money to be paid or a benefit to be given:
(a) by way of a premium, or something similar in nature to a premium, where there is no real consideration given for the payment or benefit; and
(b) in consideration of a benefit in connection with the granting, renewal, extension or assignment of a retail shop lease.
"landlord", in relation to a retail shop lease, means the person who grants or proposes to grant the right to occupy a retail shop under a retail shop lease and includes a sublandlord and a landlord's or sublandlord's heirs, executors, administrators and assigns.
"landlord's disclosure statement", see section 19.
"modification notice", for Part 1A, see section 11B(2).
"occupation arrangement", for Part 1A, see section 11B(2)(b)(ii).
"outgoings", in relation to a retail shop lease, means a landlord's outgoings on account of any of the following:
(a) the expenses directly attributable to the operation, maintenance or repair:
(i) of the building in which the retail shop is located; or
(ii) if the retail shop is in a retail shopping centre – of any building in the retail shopping centre and of any areas used in association with any building in the retail shopping centre;
(b) rates, taxes, levies, premiums or charges payable by the landlord because the landlord is the owner or occupier:
(i) of the building in which the retail shop is located; and
(ii) if the retail shop is in a retail shopping centre – of any building in the retail shopping centre or the land on which the building is erected.
"party", in relation to a retail shop lease, means the landlord or the tenant under that lease.
"renewal", in relation to a retail shop lease, see section 11.
"retail shop" means premises that are used wholly or predominantly for:
(a) the sale or hire of goods by retail or the retail provision of services (whether or not in a retail shopping centre); or
(b) the carrying on of a business in a retail shopping centre; or
(c) the carrying on of a business of a class or description that is prescribed by the Regulations.
"retail shop lease" means an agreement under which a person grants or agrees to grant to another person, for valuable consideration, a right of occupation of premises for the use of the premises as a retail shop:
(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 that has all of the following attributes:
(a) at least 5 of the premises are used wholly or predominantly for the sale or hire of goods by retail or the retail provision of services;
(b) the premises:
(i) are all owned by the same person; or
(ii) all have (or, if leased, would have) the same landlord or the same head landlord; or
(iii) all comprise lots within a single units plan under the Unit Titles Act 1975 or within a single unit title scheme under the Unit Title Schemes Act 2009 ;
(c) the premises are located:
(i) in one building; or
(ii) in 2 or more buildings that are either adjoining or separated only by common areas or other areas owned by the owner of the retail shops;
(d) the cluster of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade.
"specialist retail valuer" means a valuer having not less than 5 years experience in valuing retail shops.
"tenant", in relation to a retail shop, means the person who has the right to occupy the retail shop under a retail shop lease and includes a subtenant and a tenant's or subtenant's heirs, executors, administrators and assigns.
"tenant's disclosure statement", see section 21.
(2) In the interpretation of this Act, a court is to have regard to accepted practices and interpretations within the industry concerning the leasing of retail shops or other business premises to which this Act applies.