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Premises Not Constituting Retail Premises – Ministerial Determination

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The Minister for Small Business has made a determination for various leases of premises to which the Retail Leases Act  2003 will not apply (Victorian Government Gazette No. S362).  In brief, the determination excludes from the operation of the Act leases under which the rent payable is not greater than $10,000 per annum and under which the premises are used wholly or predominantly for public or municipal purposes, charitable purposes, the education and training of persons to be ministers of religion, the purposes of the Returned Services League of Australia, the Air Force Association or the Australian Legion of Ex-Servicemen and Women (refer to determination for full list of excluded leased premises). It also excludes from the operation of the Act a lease of premises under which the rent is not greater than $10,000 per annum and under which the premises are used wholly or predominantly by a body or association for the purposes of providing community, cultural, sporting or recreational activities and where such body/association applies its profits in promoting its objects and prohibits the payment of any dividend to its members.

 

The previous ministerial determination dated 22 July 2008 (Victorian Government Gazette No. S209) is revoked. The previous ministerial determination made specific reference to excluding a lease of premises by a Council and did not make reference to the $10,000 rent threshold.  

 

The new determination will come into effect on 1 January 2015. For more information, go to http://www.vsbc.vic.gov.au

For more information regarding the new determination, please contact our Property & Leasing team by email property@mst.com.au or by telephone +61 8540 0200.