South Australian Current Regulations South Australian Current Regulations4—Exclusions from application of Act
(1) Pursuant to
section 4(2)(g)(ii) of the Act, in respect of a lessor who is a municipal or
district council or other authority with the powers and functions of local
government, a lessee who is a party to a lease under which the amount of rent
payable under the lease does not exceed $50 000 per annum (exclusive of GST)
and who—
(a) is
registered under the Australian Charities and Not-for-profits Commission Act
2012 of the Commonwealth; or
(b) is
an entity that is not carried on for the purposes of profit or gain to its
individual members and that is, by the terms of its constitution, prohibited
from making any distribution, whether in money, property or otherwise, to its
members; or
(c) uses
the premises the subject of the lease for the provision of health, welfare,
community, cultural, sporting or recreational services on a non-commercial
basis,
is prescribed for the purposes of section 4(2)(g) of the Act.
(2) Pursuant to
section 4(5) of the Act, a retail shop lease is excluded from the
application of the Act if—
(a) it
is a lease of the whole or a part of the National Railway Museum, Lipson
Street (South), Port Adelaide; or
(b) the
Aboriginal Lands Trust is the lessor; or
(c)
Distribution Lessor Corporation, Generation Lessor Corporation or Transmission
Lessor Corporation is the lessor; or
(d) the
lessor is a body corporate and the lessee or lessees have a controlling
interest in the body corporate; or
(e) the
lessor and the lessee are both bodies corporate and the same person or persons
have a controlling interest in both bodies corporate.