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ARTICLE · 05 AUGUST 2008

Local Government – Property

Maddocks
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The Minister for Small Business has made a determination published in the Victoria Government Gazette No. S 209 on 24 July 2008 (the Determination) which comes into effect on 1 August 2008.

AustraliaReal Estate and Construction
Guy O’Connor
Guy O’Connor

The Retail Leases Act 2003 and Council owned premises (August 2008)

The Determination

The Minister for Small Business has made a determination published in the Victoria Government Gazette No. S 209 on 24 July 2008 (the Determination) which comes into effect on 1 August 2008.

The Determination has significant implications for councils as it excludes the application of the Retail Leases Act 2003 (Act) to certain leases of council owned premises entered into on or after 1 August 2008.

Purposes excluded from "retail premises"

The Determination provides that leases of council owned premises will not constitute "retail premises" if the premises are leased "wholly or predominantly" for any of the following:

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