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RETAIL SHOP LEASES ACT 1994 - SECT 5D

Meaning of retail shopping centre

5D Meaning of retail shopping centre

A
"retail shopping centre" is a cluster of premises having all of the following attributes—

(a) 5 or more of the premises are used wholly or predominantly for carrying on retail businesses;
(b) all the premises—
(i) are owned by the 1 person; or
(ii) have the 1 lessor or head lessor, or, if the premises were leased, would have the 1 lessor or head lessor; or
(iii) comprise lots within a single community titles scheme under the Body Corporate and Community Management Act 1997 ;
(c) all the premises are located in—
(i) 1 building; or
(ii) 2 or more buildings if—
(A) the buildings are adjoining; or
(B) if the premises are owned by the 1 person—the buildings are separated by common areas or other areas owned by the owner or a road; or
(C) if the premises are not owned by the 1 person—the buildings are separated by common areas or a road;
(d) the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade.



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