Business Tenancies (Fair Dealings) Act 2003
6Certain retail shops excluded from operation of Act
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6 Certain retail shops excluded from operation of Act This Act (other than Part 13) does not apply to any of the following retail shops: (a) a shop that has a lettable area of 1 000 square metres or more; (b) a shop that is used wholly or predominantly for the carrying on of a business by the tenant on behalf of the landlord; (c) a shop within premises where the principal business carried on at the premises is the operation of a cinema or bowling alley and the shop is operated by the person who operates the cinema or bowling alley; (d) a shop that is leased to: (i) a listed corporation (as defined in section 9 of the Corporations Act 2001); or (ii) a subsidiary (as defined in section 9 of the Corporations Act 2001) of a listed corporation; or
Business Tenancies (Fair Dealings) Act 2003 6 (iii) a body corporate whose securities are listed on a financial market outside Australia and the external territories that is a member of the World Federation of Exchanges; or (iv) a subsidiary (as defined in section 9 of the Corporations Act 2001) of a body corporate mentioned in subparagraph (iii); (e) premises of a class or description prescribed by the Regulations to be exempt from this Act.