Queensland Consolidated Acts

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RETAIL SHOP LEASES ACT 1994 - SECT 5A

Meaning of retail shop lease

5A Meaning of retail shop lease

(1) A
"retail shop lease" is a lease of a retail shop.
(2) However, a
"retail shop lease" does not include a lease of any of the following—
(a) a retail shop with a floor area of more than 1,000m2;
(b) a retail shop within the South Bank corporation area if the lease is entered into or granted by the South Bank Corporation and is either—
(i) a perpetual lease; or
(ii) another lease for a term, including renewal options, of at least 100 years;
(c) premises used wholly or predominantly for the carrying on of a business by a lessee for a lessor as the lessor’s employee or agent;
(d) premises in a theme or amusement park;
(e) premises at a flea market, including an arts and crafts market;
(f) a temporary retail stall at—
(i) an agricultural or trade show; or
(ii) a carnival, festival or cultural event;
(g) premises that, if the premises were not leased, would be premises within a common area of a retail shopping centre, but only if the premises are used for 1 or more of the following—
(i) an information, entertainment, community or leisure facility;
(ii) telecommunication equipment;
(iii) an automatic teller machine;
(iv) a vending machine;
(v) an advertisement display;
(vi) storage;
(vii) parking.
(3) Also, a
"retail shop lease" does not include a lease of premises located in a retail shopping centre if—
(a) the premises are not used wholly or predominantly for carrying on a retail business; and
(b) at the time the lease is entered into, either—
(i) if the premises are located on a level of a multi-level building—the retail area of the level is 25% or less of the total lettable area of the level; or
(ii) if the premises are located in a single level building—the retail area of the building is 25% or less of the total lettable area of the building.
Examples for paragraph (b)—
1 A lease of premises for an accounting practice on level 4 of a retail shopping centre is not a retail shop lease if, at the time the lease is entered into, 75% of the total lettable area of level 4 is used wholly for professional or commercial offices.
2 A lease of premises for a medical centre in a stand-alone single level building within the parking area of a retail shopping centre is not a retail shop lease if, at the time the lease is entered into, 80% of the total lettable area of the building is used wholly for providing medical services.
(4) The
"retail area" , for a level or building in a retail shopping centre, is the area of the level or building comprising premises used wholly or predominantly for carrying on retail businesses.
(5) The
"total lettable area" , for a level or building in a retail shopping centre, is the total area of all the premises of the level or building that are—
(a) leased or occupied; or
(b) available for lease or occupation.



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