Div 1Preliminary

Division 1—Preliminary 54—Interpretation In this Part, unless the contrary intention appears— administrative and management costs in relation to premises means— (a) costs associated with— (i) managing the premises; or (ii) providing amenities for the use or enjoyment of tenants or those who may resort to the premises; or (iii) promoting the use of the premises by the public or promoting any business carried on at the premises; or (iv) providing for the security of the premises; or (v) providing caretaking services for the premises; or (vi) any other prescribed matter; and (b) if the premises form part of a shopping complex—any such costs associated with the complex as a whole; business means an undertaking (whether or not carried on with a view to profit) involving the manufacture, sale or supply of goods or services; commercial tenancy or tenancy means the right of occupancy under a commercial tenancy agreement; commercial tenancy agreement means an agreement under which a person grants to another for valuable consideration a right to occupy, whether exclusively or otherwise, premises for the purpose of carrying on a business; the Commercial Tribunal or the Tribunal means the Commercial Tribunal established under the Commercial Tribunal Act 1982; government charges means— (a) any rates or taxes on land or premises; (b) any fees, charges or levies chargeable by the Crown, a council or a statutory authority for services provided to land or premises; landlord means the grantor of a right of occupancy under a commercial tenancy agreement and includes his successors and assigns; licensed agent means a person licensed as an agent under the Land Agents, Brokers and Valuers Act 1973; licensed land broker means a person licensed as a land broker under the Land Agents, Brokers and Valuers Act 1973; maintenance costs in relation to premises includes— (a) the costs of— (i) operating, maintaining, repairing or renovating the premises; and (ii) providing, operating, maintaining, repairing or replacing plant or equipment associated with the premises; and (b) if the premises form part of a shopping complex—any such costs associated with the complex as a whole; operating expenses means expenses that may be recovered by or on behalf of the landlord from the tenant under a commercial tenancy agreement on account of— (a) administrative and management costs; or (b) government charges; or (c) insurance costs; or (d) maintenance costs; or (e) any prescribed expenses, but for the purposes of section 62A does not include any such expenses determined according to the level of the tenant's consumption or the degree of the tenant's use; premises includes— (a) any part of premises; and (b) land and appurtenances appurtenant to premises; and (c) unimproved land; registrable form in relation to a lease means the form appropriate for registration of the lease in the Lands Titles Registration Office or if the land to which the lease applies (or is to apply) is not under the Real Property Act 1886 in the General Registry Office; related guarantee in relation to a commercial tenancy agreement means a guarantee under which the guarantor guarantees the performance of obligations by the tenant under the commercial tenancy agreement; rent means an amount payable by a tenant to a landlord under a commercial tenancy agreement in consideration of the right to occupy the premises to which the agreement relates (but does not include any amount payable by the tenant under the agreement in respect of operating expenses); security bond means an agreement (whether included in or collateral to a commercial tenancy agreement) under which an amount is paid by a tenant as security for the performance of his obligations under a commercial tenancy agreement; shop premises means business premises— (a) at which goods are sold to the public by retail; or (ab) at which services are supplied to the public; or (b) to which the public is invited with a view to negotiating for the supply of services; shopping complex means a set of two or more shop premises in the same building or in adjacent buildings subject to the same administration or control and includes any adjacent land subject to the same administration or control that is used in conjunction with those premises; small claim means a small claim within the meaning of the Local and District Criminal Courts Act 1926; tenant means the grantee of a right of occupancy under a commercial tenancy agreement and includes his successors and assigns. 55—Application of Part (1) Subject to this section, this Part applies to a commercial tenancy agreement if— (a) the premises to which the agreement applies— (i) are shop premises or premises of a prescribed kind; or (ii) consist of shop premises and an adjacent dwelling; and (b) the rent payable under the agreement does not exceed $200 000 per annum; and (c) the tenancy created by the agreement is not of a kind excluded from the application of this Part by or under subsection (2); and (d) the commercial tenancy agreement is entered into, extended, renewed, assigned or otherwise transferred after the commencement of this Part. (2) This Part does not apply in respect of a commercial tenancy— (a) where the tenancy arises under an agreement for the sale and purchase of premises; or (b) where the tenancy arises under a mortgage in respect of the premises; or (c) where the tenancy arises by virtue of a scheme under which— (i) a group of adjacent premises is owned by a company; and (ii) the premises comprising the group are let by the company to persons who jointly have a controlling interest in the company; or (d) where the tenant is— (i) a public company within the meaning of the Companies (South Australia) Code; or (ii) a subsidiary of such a company (as defined by the Companies (South Australia) Code); or (e) where the tenant is— (i) a body corporate lawfully carrying on the business of banking; or (f) where the tenant is a body corporate whose principal business is insurance; or (g) where the tenant is— (i) the Crown, or an agency or instrumentality of the Crown, in right of this State or any other State or Territory, or of the Commonwealth; or (ii) a municipal or district council. (3) The regulations may exclude from the application of this Part or specified provisions of this Part (either unconditionally or subject to conditions)— (a) agreements or classes of agreements; or (b) premises or classes of premises.