Retail and Commercial Leases Variation Regulations 2004 (SA)

South Australia

Retail and Commercial Leases Variation Regulations 2004

under the Retail and Commercial Leases Act 1995

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Retail and Commercial Leases Regulations 1995

1. Variation of regulation 6—Minimum 5 year term

Part 1—Preliminary

1—Short title

These regulations may be cited as the Retail and Commercial Leases Variation Regulations 2004.

2—Commencement

These regulations will come into operation four months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Retail and Commercial Leases Regulations 1995

4—Variation of regulation 6—Minimum 5 year term

Regulation 6(2)—after paragraph (c) insert:

(d)if—

(a)the lessor is—

(i)an incorporated association within the meaning of the Associations Incorporation Act 1985; or

(ii)a body established on a non-profit basis for a purpose of a kind referred to in section 18(1) of that Act; and

(b)the right of occupation granted under the lease is for less than an average of 15 hours in each week over the term of the lease.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 15 January 2004

No 3 of 2004

OCBA CS 010/03