Leases (Commercial and Retail) Act 2001
64Working out turnover rent
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64 Working out turnover rent In working out turnover rent under a lease, the lessor or tenant must take into account the amount of the tenant’s turnover, less the following amounts: (a) the amount of a loss incurred in the resale or disposal of goods reasonably purchased in the ordinary course of business from a customer as a trade-in;
Turnover rent Division 8.2 (b) deposits and instalments received for a lay-by, hire-purchase or credit sale, that are refunded to a customer; (c) refunds on a transaction if the proceeds of the transaction have been included as part of turnover; (d) service, finance or interest charges payable by the tenant to a financier in relation to the provision of credit to customers other than commissions on credit or store cards; (e) the price of merchandise exchanged between premises of the tenant if the exchange is made only for the convenient operation of the tenant’s business and not to conclude a sale made at, in, from or on the leased premises; (f) the price of merchandise returns to shippers, wholesalers or manufacturers; (g) the proceeds of sale of the tenant’s fixtures and fittings after their use in the conduct of the business at or from the premises; (h) a discount allowed to a customer in the course of business; (i) written-off uncollected credit accounts; (j) an amount directly or indirectly attributable to GST; (k) the net amount paid or payable by the tenant directly or indirectly attributable to a purchase tax, receipt tax or other similar tax imposed at the point of sale or hire of goods or services; (l) delivery charges; (m) proceeds of goods sold on consignment, other than a commission kept in relation to a sale; (n) sales of lottery and similar tickets, other than commissions.