Retail Shop Leases Act 1994
sec.5DMeaning of retail shopping centre
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sec.5D Meaning of retail shopping centre
A retail shopping centre is a cluster of premises having all of the following attributes— 5 or more of the premises are used wholly or predominantly for carrying on retail businesses; all the premises— are owned by the 1 person; or have the 1 lessor or head lessor, or, if the premises were leased, would have the 1 lessor or head lessor; or comprise lots within a single community titles scheme under the Body Corporate and Community Management Act 1997 ; all the premises are located in— 1 building; or 2 or more buildings if— the buildings are adjoining; or if the premises are owned by the 1 person—the buildings are separated by common areas or other areas owned by the owner or a road; or if the premises are not owned by the 1 person—the buildings are separated by common areas or a road; the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade. s 5D (prev s 8) sub 2006 No. 4 s 5 amd 2016 No. 21 s 7 (1) – (2) renum and reloc 2016 No. 21 s 7 (3)
- (a) 5 or more of the premises are used wholly or predominantly for carrying on retail businesses;
- (b) all the premises— (i) are owned by the 1 person; or (ii) have the 1 lessor or head lessor, or, if the premises were leased, would have the 1 lessor or head lessor; or (iii) comprise lots within a single community titles scheme under the Body Corporate and Community Management Act 1997 ;
- (i) are owned by the 1 person; or
- (ii) have the 1 lessor or head lessor, or, if the premises were leased, would have the 1 lessor or head lessor; or
- (iii) comprise lots within a single community titles scheme under the Body Corporate and Community Management Act 1997 ;
- (c) all the premises are located in— (i) 1 building; or (ii) 2 or more buildings if— (A) the buildings are adjoining; or (B) if the premises are owned by the 1 person—the buildings are separated by common areas or other areas owned by the owner or a road; or (C) if the premises are not owned by the 1 person—the buildings are separated by common areas or a road;
- (i) 1 building; or
- (ii) 2 or more buildings if— (A) the buildings are adjoining; or (B) if the premises are owned by the 1 person—the buildings are separated by common areas or other areas owned by the owner or a road; or (C) if the premises are not owned by the 1 person—the buildings are separated by common areas or a road;
- (A) the buildings are adjoining; or
- (B) if the premises are owned by the 1 person—the buildings are separated by common areas or other areas owned by the owner or a road; or
- (C) if the premises are not owned by the 1 person—the buildings are separated by common areas or a road;