5Interpretation

5 Interpretation (1) In this Act: accountant means: (a) a member of the Institute of Chartered Accountants in Australia who holds a current Certificate of Public Practice issued by the Institute; or (b) a member of CPA Australia Ltd ACN 008 392 452 who holds a current Public Practice Certificate in accordance with the by-laws of CPA Australia Ltd; or (c) a person registered as an auditor under the Corporations Act 2001. assignor's disclosure statement means a statement mentioned in section 56. business lease means: (a) a retail shop lease; or (b) any other agreement or contract (including a tenancy and sublease) under which business premises are let or hired to a person: (i) whether or not the right is a right of exclusive occupation; and (ii) whether the agreement is express or implied; and (iii) whether the agreement is oral or in writing, or partly oral and partly in writing. business premises means: (a) a retail shop; or (b) premises leased primarily for business purposes, whether or not the premises may be used as a residence under the business lease. Commissioner means the Commissioner of Business Tenancies under section 12. conveyancing agent means a person who is authorised under the Agents Licensing Act 1979 to carry out the functions of a conveyancing agent as defined in section 5(2)(c) of that Act. Business Tenancies (Fair Dealings) Act 2003 3 COVID-19, for Part 1A, see section 11A. COVID-19 public health emergency, for Part 1A, see section 11A. EMA declaration, for Part 1A, see section 11A. emergency period, for Part 1A, see section 11B(1). fitout obligations, in relation to a retail shop, means finishes, fixtures, fittings, equipment or services that the landlord is required to provide before the tenant enters into possession of the shop. key-money means money to be paid or a benefit to be given: (a) by way of a premium, or something similar in nature to a premium, where there is no real consideration given for the payment or benefit; and (b) in consideration of a benefit in connection with the granting, renewal, extension or assignment of a retail shop lease. landlord, in relation to a retail shop lease, means the person who grants or proposes to grant the right to occupy a retail shop under a retail shop lease and includes a sublandlord and a landlord's or sublandlord's heirs, executors, administrators and assigns. landlord's disclosure statement, see section 19. modification notice, for Part 1A, see section 11B(2). occupation arrangement, for Part 1A, see section 11B(2)(b)(ii). outgoings, in relation to a retail shop lease, means a landlord's outgoings on account of any of the following: (a) the expenses directly attributable to the operation, maintenance or repair: (i) of the building in which the retail shop is located; or (ii) if the retail shop is in a retail shopping centre – of any building in the retail shopping centre and of any areas used in association with any building in the retail shopping centre; (b) rates, taxes, levies, premiums or charges payable by the landlord because the landlord is the owner or occupier: (i) of the building in which the retail shop is located; and Business Tenancies (Fair Dealings) Act 2003 4 (ii) if the retail shop is in a retail shopping centre – of any building in the retail shopping centre or the land on which the building is erected. party, in relation to a retail shop lease, means the landlord or the tenant under that lease. renewal, in relation to a retail shop lease, see section 11. retail shop means premises that are used wholly or predominantly for: (a) the sale or hire of goods by retail or the retail provision of services (whether or not in a retail shopping centre); or (b) the carrying on of a business in a retail shopping centre; or (c) the carrying on of a business of a class or description that is prescribed by the Regulations. retail shop lease means an agreement under which a person grants or agrees to grant to another person, for valuable consideration, a right of occupation of premises for the use of the premises as a retail shop: (a) whether or not the right is a right of exclusive occupation; and (b) whether the agreement is express or implied; and (c) whether the agreement is oral or in writing, or partly oral and partly in writing. retail shopping centre means a cluster of premises that has all of the following attributes: (a) at least 5 of the premises are used wholly or predominantly for the sale or hire of goods by retail or the retail provision of services; (b) the premises: (i) are all owned by the same person; or (ii) all have (or, if leased, would have) the same landlord or the same head landlord; or (iii) all comprise lots within a single units plan under the Unit Titles Act 1975 or within a single unit title scheme under the Unit Title Schemes Act 2009; Business Tenancies (Fair Dealings) Act 2003 5 (c) the premises are located: (i) in one building; or (ii) in 2 or more buildings that are either adjoining or separated only by common areas or other areas owned by the owner of the retail shops; (d) the cluster of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade. specialist retail valuer means a valuer having not less than 5 years experience in valuing retail shops. tenant, in relation to a retail shop, means the person who has the right to occupy the retail shop under a retail shop lease and includes a subtenant and a tenant's or subtenant's heirs, executors, administrators and assigns. tenant's disclosure statement, see section 21. (2) In the interpretation of this Act, a court is to have regard to accepted practices and interpretations within the industry concerning the leasing of retail shops or other business premises to which this Act applies.