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RETAIL LEASES (AMENDMENT) ACT 2005 (NO 82 OF 2005) - SECT 5

Meaning of "retail premises"

    (1)     In section 4(1) of the Principal Act,     for "or a part of premises" substitute "not including any area intended for use as a residence".

    (2)     In section 4(1) of the Principal Act omit "or part".

    (3)     For section 4(2)(d)(i) of the Principal Act substitute

    "(i)     a body corporate whose securities are listed on a stock exchange, outside Australia and the external territories, that is a member of the World Federation of Exchanges; or".

    (4)     In section 4(2)(f) of the Principal Act, for "applies." substitute "applies;".    

    (5)         After section 4(2)(f) of the Principal Act insert

    "(g)     premises the tenant of which is a kind of tenant that the Minister determines under section 5 is a tenant to which this paragraph applies;

        (h)     premises the lease relating to which is a kind of lease that the Minister determines under section 5 is a lease to which this paragraph applies.".

    (6)     For section 4(3)(b) of the Principal Act substitute

    "(b)     the outgoings, as estimated by the landlord, to which the tenant is liable to contribute under the lease; and

    Note:     Section 46 requires the landlord to give the tenant a written estimate of the outgoings to which the tenant is liable to contribute.".



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