Retail Leases Act - falls within or not?

Does anyone know if owning the property where a child care centre is the tenant falls within the Retail Leases Act?

 

In WA that is not classified as Retail.

 

Which state? They're all different.

Most acts define themselves within the first couple sections. What does it say?

 

Depends what state. If in NSW see Schedule 1 of Retail Leases Act 1994 (NSW).
RETAIL LEASES ACT 1994 - SCHEDULE 1

 

Only if it is part of a a group of shops meeting the requirements of the RLA. So the answer is "it depends upon who is asking".

List of retail uses in NSW

Definition of shopping centre (NSW)
Part 1 (3) Definitions:
retail shopping centre means a cluster of premises that has all of the following attributes:
(a) at least 5 of the premises are used wholly or predominantly for the carrying on of one or more listed businesses,
(b) the premises are all owned by the same person, or have (or would if leased have) the same lessor or the same head lessor, or comprise lots within a single strata plan under the Strata Schemes Development Act 2015,
(c) the premises are located in the one building or in 2 or more buildings that are either adjoining or separated only by common areas or other areas owned by the owner of the retail shops,
(d) the cluster of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade.

 

It's in NSW

Ok thanks for the link, looks like it's not a Retail Lease from that list

 

But it is required to be a Retail Lease if it falls into the definition regardless of it's usage items a) - d) may apply.