Retail Leases Act 1994
20Turnover rent
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20 Turnover rent
20 Turnover rent
(1) For the purposes of any provision of a retail shop lease that relates to the determination of rent or a component of rent by reference to turnover, turnover does not include any of the following—
(a) the amount of losses incurred in the resale or disposal of merchandise reasonably and properly purchased from customers as trade-ins in the usual course of business,
(b) the amount of deposits and instalments received on account of lay-bys, hire purchase or credit sales, and which are refunded to customers,
(c) the amount of a refund on a transaction when the proceeds of the transaction have been included as part of turnover,
(d) the amount of any service, finance or interest charges payable to any financier in connection with provision of credit to customers (other than commissions on credit or store cards),
(e) the price of merchandise exchanged between shops of the lessee if the exchange is made solely for the convenient operation of the business of the lessee and not for the purpose of concluding a sale made at or from the shop to which the lease relates,
(f) the price of merchandise returns to shippers, wholesalers or manufacturers,
(g) the proceeds of sale of the lessee’s fixtures and fittings after their use in the conduct of business at or from the retail shop to which the lease relates,
(h) the amount of discounts allowed to customers in the normal course of business,
(i) the amount of uncollected credit accounts that are written off,
(j) the amount paid or payable by the lessee as GST,
(k) the amount of delivery charges,
(l) the amount received from the sale of lottery tickets and similar tickets (other than commission on those sales),
(m) the amount of revenue from online transactions, other than online transactions where the goods or services concerned are delivered or provided from or at the retail shop (or the retail shopping centre of which the shop forms part) or where the transaction takes place while the customer is at the retail shop (whether or not the goods or services concerned are delivered from or at the retail shop).