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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.