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RETAIL SHOP LEASES ACT 1994 - SCHEDULE
SCHEDULE Dictionary
"agreement" includes an oral agreement.
"apportionable outgoings" , for part 6 , division 5 , see section 36B .
"apportionable outgoings" of a lessor means the lessor’s outgoings other
than specific outgoings.
"approved accounting standards" ...
"approved agent" ...
"approved auditor" ...
"approved form" means a form approved by the chief executive.
"arbitration" means arbitration conducted—
(a) under the
Commercial Arbitration Act 2013 ; or
(b) if a retail shop lease or lease the
subject of a small business dispute provides for the manner of arbitration—
(i) under the lease; and
(ii) to the extent that the lease is
inadequate—under the Commercial Arbitration Act 2013 .
"attendance notice" ...
"audited annual statement" , for part 6 , division 5 , see section 38B (1) .
"Australian lawyer" see the Legal Profession Act 2007 , schedule 2 .
"base rent" means rent, or the part of rent, that is a specified amount of
money (whether or not the amount is subject to change).
"building" includes any structure.
"centre management entity" , for a retail shopping centre, means an entity
that manages the centre.
"chairperson" ...
"commissioner" means the small business commissioner appointed under the
Small Business Commissioner Act 2022 , part 2 .
"common areas" see section 6 .
"conviction" ...
"defective statement" ...
"demolish" , a building, includes carry out substantial repair, renovation or
reconstruction of the building that can not practicably be carried out without
vacant possession of 1 or more leased shops in the building.
"disclosure statement" , for part 5 , means a statement in the approved form
containing the particulars prescribed under a regulation.
"dispute notice" see section 55 .
"dispute resolution process" means— (a) a mediation process; or
(b) the
hearing, by QCAT, of a retail tenancy dispute under the QCAT Act .
"effective rent basis" ...
"enforcement order" ...
"entered into" , for an assignment of a lease, means the lessor has consented
to the assignment.
"existing retail shop lease" ...
"financial advice report" means a report— (a) in the approved form; and
(b)
containing the particulars prescribed under a regulation; and
(c) signed by a
person who is a qualified accountant.
"former Act" means the Retail Shop Leases Act 1984 .
"former Act lease" , for part 4 , division 3 , see section 18 .
"GST" ...
"GST Act" ...
"key money" means— (a) an amount to be paid to, or at the direction of, a
lessor by way of a premium, non-repayable bond or otherwise, for the granting,
renewing or assigning of a lease; or
(b) any benefit to be conferred on, or
at the direction of a lessor for the granting, renewing or assigning of a
lease.
"lawyer" means an Australian lawyer who, under the Legal Profession Act 2007 ,
may engage in legal practice in this State.
"lease" means an agreement under which a person gives or agrees to give to
someone else for valuable consideration a right to occupy premises whether or
not the right is— (a) an exclusive right to occupy the premises; or
(b) for
a term or by way of a periodic tenancy or tenancy at will.
"leased building" means the building (other than a building in a
retail shopping centre) in which a leased shop is situated.
"leased shop" means the retail shop leased, or to be leased, under a
retail shop lease.
"legal advice report" means a report— (a) in the approved form; and
(b)
signed by a lawyer; and
(c) stating that the lawyer has given the prospective
lessee of a retail shop, or the prospective assignee of a retail shop lease,
seeking the report, advice about the legal meaning and effect of— (i) the
terms and conditions of the proposed lease, or the lease the subject of the
proposed assignment; and
(ii) the disclosure statement given to the person
under part 5 ; and
(iii) a waiver notice to be given by the person; and
(d)
containing the other particulars prescribed under a regulation.
"lessee" — (a) in relation to a retail tenancy dispute or lease the subject
of a small business dispute, includes the former lessee; and
(b) for part 6 ,
division 7 , includes— (i) a lessee who is holding over under the lease or
with the lessor’s consent; and
(ii) a sublessee or franchisee entitled to
occupy the retail shop under the lease or with the lessor’s consent; and
(c) for part 6 , division 9 , subdivisions 1 and 2 , does not include a
lessee, sublessee or franchisee mentioned in paragraph (b) .
"lessor" means the person who, under a lease, is or would be entitled to the
rent payable for the leased premises regardless of the person’s interest in
the premises, and includes— (a) a person acting under the lessor’s
authority; and
(b) in relation to a retail tenancy dispute or lease the
subject of a small business dispute—the former lessor.
"lessor’s termination notice" see section 46I (1) .
"listed corporation" means a listed corporation under the Corporations Act .
"maintenance amounts" , for part 6 , division 5 , see section 36B .
"major lessee" means the lessee of 5 or more retail shops in Australia.
"mediation" means the process under part 8 , division 2 under which the
parties to a retail tenancy dispute use a mediator to help them resolve the
dispute by negotiated agreement without adjudication.
"mediation agreement" see section 61 .
"mediation conference" means a conference conducted by a mediator under part 8
, division 2 between the parties to a retail tenancy dispute.
"mediation process" — (a) means the process of mediation of a retail tenancy
dispute under part 8 ; and
(b) includes all steps taken in making
arrangements for a mediation conference or in the follow-up of the mediation
conference.
"mediator" means a mediator appointed under this Act.
"original order" ...
"outgoings estimate" , for part 6 , division 5 , see section 38A (1) .
"outgoings" , of a lessor, see section 7 .
"payment order" ...
"promotion amounts" , for part 6 , division 5 , see section 36B .
"prospective franchisee" means a franchisee who is to be granted a franchise
licence under section 21D (1) (b) and is to carry on a retail business in the
way mentioned in section 21D (1) (c) .
"public corporation" ...
"qualified accountant" means a qualified accountant under the Corporations
Act.
"registered auditor" means an entity registered as an auditor under the
Corporations Act.
"relocation action" ...
"relocation day" see section 46D (2) .
"relocation notice" see section 46D (1) .
"renewed retail tenancy dispute" ...
"retail business" see section 5C .
"retail shop" see section 5B .
"retail shop lease" see section 5A .
"retail shopping centre" see section 5D .
"retail tenancy dispute" means any dispute under or about a retail shop lease,
or about the use or occupation of a leased shop under a retail shop lease,
regardless of when the lease was entered into.
"small business dispute" means a small business dispute under the
Small Business Commissioner Act 2022 .
"South Bank corporation area" means the corporation area as defined under the
South Bank Corporation Act 1989 .
"specialist retail valuer" means a person whose name is recorded on the list
of specialist retail valuers kept under the Valuers Registration Act 1992 .
"specific outgoings" , of a lessor, means the following— (a) the lessor’s
outgoings that are attributable to a lessee because of the lessee’s direct
use of the services or facilities incurring the outgoings;
(b) an amount
mentioned in section 24A (2) .
"subsidiary" , of a listed corporation, means a subsidiary of the corporation
under the Corporations Act.
"termination day" see section 46I (2) .
"tribunal" ...
"tribunal legal member" ...
"tribunal member" ...
"tribunal panel" ...
"tribunal panel member" ...
"turnover" see section 9 .
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