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COVID-19 OMNIBUS (EMERGENCY MEASURES) (COMMERCIAL LEASES AND LICENCES) REGULATIONS 2020 (SR NO 31 OF 2020) - REG 4

Definitions

In these Regulations—

"Commissioner of State Revenue "means the Commissioner within the meaning of the Taxation Administration Act 1997 ;

"eligible lease dispute"—see regulation 20;

outgoings means a landlord's outgoings on account of any of the following—

        (a)     the expenses attributable to the operation, maintenance or repair of—

              (i)     the building or area in which the premises are located or any other building or area owned by a landlord and used in association with the building or area in which the premises are located; or

              (ii)     in the case of premises in a retail shopping centre, any building in the centre or any areas used in association with a building in the centre;

        (b)     rates, taxes, levies, premiums or charges payable by a landlord because a landlord is—

              (i)     the owner or occupier of a building or area referred to in paragraph (a) or of the land on which such a building is erected or such area is located; or

              (ii)     the supplier of a taxable supply, within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, in respect of any such building, area or land;

premises means the premises under an eligible lease;

"relevant period" means the period—

        (a)     commencing on 29 March 2020; and

        (b)     ending on 29 September 2020;

"rent" , in relation to an eligible lease that is a commercial licence, includes the licence fee payable under that licence;

"rent relief" means any form of relief provided to a tenant in respect of the obligation under an eligible lease to pay rent, including a waiver, reduction, remission or deferral of rent;

security means anything provided by a tenant or any other person securing the performance of a tenant's obligations under an eligible lease, including a bond, security deposit, indemnity or guarantee;

"the Act" means the COVID-19 Omnibus (Emergency Measures) Act 2020 .



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