(ii) the Australian Society of Certified Practising Accountants;
Committee means the Retail Tenancies Code of Practice Monitoring Committee established under clause 40 ;
demolition clause means a clause in a lease for retail premises permitting a property owner to terminate the lease on the ground that all or part of a building incorporating those premises is to be demolished;
disclosure statement means a statement referred to in clause 6 ;
key money means any money paid to or at the discretion of a property owner or property owner's agent, or any benefit that is conferred on or at the direction of a property owner or property owner's agent, in connection with the granting, renewal, extension or assignment of a lease, and a reference in this Code to payment of key money includes a reference to the conferral of any such benefit;
lease means –
(a) any agreement providing for the occupation of retail premises, whether for a term, periodically or at will; and
(b) a licence or other agreement to use the common area of a shopping centre for a term of more than 6 months;
lettable area means an area measured in square metres and set out in a lease as the area upon which a tenant pays rent;
market value rent means the rent determined in accordance with the principles set out in Appendix A to this Code;
option means an option contained in a lease for a further lease on substantially the same terms and conditions as the lease;
property owner means a person who grants a right of occupancy of premises under a lease;
renewal, in relation to a lease, does not include the exercise of an option;
retail premises means any premises that are used –
(a) wholly or predominantly for one or more of the businesses listed in Appendix C; or
(b) for any business in a shopping centre;
shopping centre means a group of premises –
(a) at least 5 of which are retail premises; and
(b) which have, or if leased would have, a common property owner; and
(c) which are located in one building or adjoining buildings; and
(d) which are generally regarded as a shopping centre;
sinking fund means a fund into which a tenant is required to make regular payments to cover the costs associated with the maintenance of, or repairs to, any area, building, plant or equipment associated with the retail premises;
(a) a lease of, or an agreement to lease, such premises entered into on or after the commencement of this Code, regardless of where the lease or agreement to lease was entered into and despite the fact that the lease or agreement to lease purports to be governed by the law of a jurisdiction other than Tasmania;
(b) a lease of, or an agreement to lease, such premises that was entered into before the commencement of this Code, if –
(i) the lease or agreement to lease is varied after that commencement; and
(ii) the variation was not provided for by the original lease or agreement to lease;
(c) a new lease of such premises resulting from the exercise of an option contained in a lease that was entered into before the commencement of this Code, if –
(i) the number of times remaining for the option to be exercised is not specified in the lease or does not decrease when the option is exercised; or
(ii) the new lease contains a variation that was not provided for by the original lease;
(d) a sublease of such premises entered into on or after the commencement of this Code.
(a) a lease of, or an agreement to lease, any retail premises entered into before the commencement of this Code;
(b) a lease of retail premises with a lettable area of more than 1 000 square metres;
(c) a lease entered into on or after the commencement of this Code in accordance with an agreement to lease, if the agreement to lease is entered into before the commencement of this Code;
(d) a new lease resulting from the exercise of an option contained in a lease entered into before the commencement of this Code, if –
(i) the number of times remaining for the option to be exercised is specified in the lease or decreases when the option is exercised; or
(ii) the new lease contains no variation other than a variation that was provided for by the original lease.
(4) This Code does not apply to a lease for retail premises –
(a) used wholly or predominantly for a business by a tenant on behalf of a property owner; or
(b) within premises in which the principal business carried on is the operation of a business including, but not limited to –
(i) a cinema; or
(ii) a bowling alley; or
(iii) a skating rink; or
(iv) an indoor cricket centre; or
(v) a basketball stadium; or
(vi) a netball centre –
if the business in the retail premises is carried on by the person who operates the principal business.
(5) A written lease is to contain a provision to the effect that this Code and the disclosure required in clause 6(1) form a part of that lease.
(6) Except as otherwise provided in this Code, if there is an inconsistency between the provisions of this Code and a lease or an agreement to lease, the provisions of the Code prevail.