National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (No. PB 65 of 2011)
7Meaning of commercial establishment
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7 Meaning of commercial establishment
(1) In this Determination, subject to subsection (2):
commercial establishment means premises:
(a) in a small shopping centre or a large shopping centre; and
(b) occupied by, or likely to be occupied by:
(i) a shop where goods, food or beverages are sold retail; or
(ii) a bar, café, restaurant or takeaway; or
(iii) a business that provides services to customers.
(2) For subsection (1), commercial establishment does not include: (a) commercial office space; or (b) premises occupied by an accountant, analyst, architect, engineer, lawyer, planner, stockbroker or surveyor, unless the premises are occupied as a shopfront; or (c) premises occupied by a real estate agent or an insurance company, agent or broker, unless the premises are occupied as a shopfront for the real estate agent or insurance company; or (d) a council office or government or statutory corporation office or shopfront, other than an Australia Post shopfront, an Australian Broadcasting Corporation shop or a Medicare or Centrelink shopfront; or (e) a car wash or car parking facilities; or (f) a library; or (g) a kindergarten or preschool; or (h) a child care centre or child minding facility, unless the centre or facility is regularly available for use by customers of the small shopping centre or the large shopping centre while the customers are at the small shopping centre or the large shopping; or (i) a storeroom or storage area; or (j) a temporary selling point; or (k) an automatic teller machine or automatic dispensing machine. (3) In working out the number of commercial establishments in a small shopping centre or a large shopping centre: (a) 2 or more commercial establishments occupied by, or likely to be occupied by, one business are counted as one commercial establishment; and (b) the maximum number of shopfronts for accountants, analysts, architects, engineers, lawyers, planners, stockbrokers or surveyors that can be counted towards the total number of commercial establishments in a small shopping centre or a large shopping centre is: (i) for a small shopping centre—one; or (ii) for a large shopping centre—2.