South Australian Consolidated Acts South Australian Consolidated Acts (1) This Act applies
to a retail shop lease if the premises to which the lease applies consist of a
retail shop or a retail shop together with an adjacent dwelling.
(2) However, this Act
does not apply to a retail shop lease if—
(a) the
rent payable under the lease exceeds $250 000 per annum or, if a greater
amount is prescribed by regulation, that other amount; or
(ab) the
lease is for a term of 1 month or less; or
(b) the
right of occupation arises under—
(i)
an agreement for the sale and purchase of premises; or
(ii)
a mortgage; or
(iii)
a scheme under which a group of adjacent premises is
owned by a company and the premises comprising the group are let by the
company to persons who jointly have a controlling interest in the company; or
(c) the
lessee is—
(i)
a public company or a subsidiary of a public company; or
(ii)
an ADI; or
(iii)
a body corporate authorised by law to carry on the
business of insurance; or
(iv)
the Crown or an agency or instrumentality of the Crown in
right of the State, another State or Territory, or the Commonwealth; or
(v)
a municipal or district council or other authority with
powers and functions of local government.
(3) The regulations
may exclude from the application of this Act (either conditionally or
unconditionally) a specified class of retail shop leases.