Section 4 of the Retail Leases Act 2003 (the Act) outlines a number of premises and tenants that have been excluded from the coverage of the Act through Ministerial Determinations.
Ministerial Determinations made to date are:
- Determination: Storeys. This excludes from the operation of the Act premises or part of the premises in a building that are used wholly or predominantly for the retail provision of services, other than those located on any one of the first three storeys of the building.
- Determination: Barristers’ Chambers. This excludes Barristers’ Chambers Limited.
- Determination: 15-year leases.The purpose of the Determination is to exempt long term leases which impose substantial financial obligations on the tenant from the operation of the Act, where such exemption would be beneficial to both the landlord and the tenant. The Determination is not restricted to Crown land leases, but may apply to any retail lease as long as that lease satisfies all of the criteria of the Determination. However, it is not the purpose or intent of the Determination to exclude genuine small and medium retail tenants from the protections provided by the Act, where doing so would not be in the best interests of the tenant.
- Determination: Melbourne Market Authority. This excludes ‘market land’ as defined by the Melbourne Market Authority Act 1977.
- Determination: Local council premises used for community and charitable purposes. This excludes local council premises that are leased for certain community and charitable purposes. The VSBC can be requested to issue a certificate that the premises are excluded from the Act — this determination applies to leases entered into prior to 1 January 2015.
- Determination: Premises used for community and charitable purposes. This excludes premises that are leased for certain community and charitable purposes, subject to a maximum annual rental — this determination applies to leases entered into after 1 January 2015.
- Determination: Bodies corporate (and their subsidiaries). This excludes bodies corporate or companies or corporations whose securities are listed on a stock exchange outside Australia or the subsidiaries (including subsidiaries as defined in section 9 of the Corporations Act 2001) of such bodies corporate, companies or corporations.