Document ID: chunk:federal_register_of_legislation:F2018L01321:reg:7
Version: federal_register_of_legislation:F2018L01321
Segment Type: reg
Provision Reference: reg 7
Character Range: 10186–12381

7  Meaning of commercial establishment
 (1) In this instrument, subject to subsection (2), commercial establishment means premises that are occupied by, or likely to be occupied by:
 (a) a shop where goods, food or beverages are sold retail; or
 (b) a bar, café, restaurant or takeaway; or
 (c) a business that provides services to customers.
 (2) For the purposes of subsection (1), commercial establishment does not include:
 (a) commercial office space; or
 (b) premises occupied by an accountant, analyst, architect, engineer, lawyer, planner, stockbroker or surveyor, unless the premises are occupied as a shopfront; or
 (c) premises occupied by a real estate agent, or an insurance company agent or broker, unless the premises are occupied as a shopfront for the real estate agent or insurance company; or
 (d) a council office or government or statutory corporation office or shopfront, other than an Australia Post shopfront, an Australian Broadcasting Corporation shop or a Medicare or Centrelink shopfront; or
 (e) a car wash or car parking facilities; or
 (f) a library; or
 (g) a kindergarten or preschool; or
 (h) a childcare centre or child minding facility, unless the centre or facility is available exclusively for use by customers of the small shopping centre or the large shopping centre while the customers are at the small shopping centre or the large shopping centre; or
 (i) a storeroom or storage area; or
 (j) a temporary selling point; or
 (k) an automatic teller machine or automatic dispensing machine.
 (3) In working out the number of commercial establishments for the purposes of identifying a small shopping centre or a large shopping centre or for the purposes of determining whether item 134A of Part 2 of Schedule 1 applies:
 (a) 2 or more commercial establishments occupied by, or likely to be occupied by, one business are counted as one commercial establishment; and
 (b) the maximum number of shopfronts for accountants, analysts, architects, engineers, lawyers, planners, stockbrokers or surveyors that can be counted towards the total number of commercial establishments is:
 (i) for a small shopping centre—one; or
 (ii) for a large shopping centre—2.