4Meaning of *retail premises*

4 Meaning of *retail premises* S. 4(1) amended by No. 82/2005 s. 5(1)(2). (1) In this Act, ***retail premises*** means premises, not including any area intended for use as a residence, that under the terms of the lease relating to the premises are used, or are to be used, wholly or predominantly for— (a) the sale or hire of goods by retail or the retail provision of services; or (b) the carrying on of a specified business or a specified kind of business that the Minister determines under section 5 is a business to which this paragraph applies. (2) However, ***retail premises*** does not include the following premises— (a) premises in respect of which the occupancy costs (as defined in subsection (3)) under the lease concerned is more than the amount prescribed by the regulations for the purposes of this paragraph; (b) premises that are used wholly or predominantly for the carrying on of a business by a tenant on behalf of the landlord as the landlord's employee or agent; (c) premises the tenant of which is— (i) a listed corporation (as defined in section 9 of the Corporations Act); or (ii) a subsidiary (as defined in section 9 of the Corporations Act) of such a corporation; (d) premises the tenant of which is— S. 4(2)(d)(i) substituted by No. 82/2005 s. 5(3). (i) a body corporate whose securities are listed on a stock exchange, outside Australia and the external territories, that is a member of the World Federation of Exchanges; or (ii) a subsidiary (as defined in section 9 of the Corporations Act) of such a body corporate; (e) premises used wholly or predominantly for the carrying on of a specified business or a specified kind of business that the Minister determines under section 5 is a business to which this paragraph applies; S. 4(2)(f) amended by No. 82/2005 s. 5(4). (f) premises of a kind that the Minister determines under section 5 are premises to which this paragraph applies; S. 4(2)(g) inserted by No. 82/2005 s. 5(5). (g) premises the tenant of which is a kind of tenant that the Minister determines under section 5 is a tenant to which this paragraph applies; S. 4(2)(h) inserted by No. 82/2005 s. 5(5). (h) premises the lease relating to which is a kind of lease that the Minister determines under section 5 is a lease to which this paragraph applies. (3) In subsection (2)(a), ***occupancy costs*** means— (a) the rent payable under the lease, not being rent (or any part of rent) that is to be determined by reference to the turnover of a business; and S. 4(3)(b) substituted by No. 82/2005 s. 5(6). (b) the outgoings, as estimated by the landlord, to which the tenant is liable to contribute under the lease; and Section 46 requires the landlord to give the tenant a written estimate of the outgoings to which the tenant is liable to contribute. (c) any other costs of a prescribed kind that the tenant is liable to pay under the lease. (4) Regulations made for the purposes of subsection (2)(a) may— (a) prescribe an amount; or (b) prescribe a method by which an amount may be calculated. This Act may not apply to certain premises because of Part 3 (Application of the Act).