South Australia
COVID-19 Emergency Response (Commercial Leases) Regulations 2020
under the COVID-19 Emergency Response Act 2020

Contents
1	Short title
2	Commencement
3	Interpretation
4	Commercial leases—financial hardship
Legislative history

1—Short title
These regulations may be cited as the COVID-19 Emergency Response (Commercial Leases) Regulations 2020.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the COVID‑19 Emergency Response Act 2020.
4—Commercial leases—financial hardship
	(1)	Pursuant to section 19(2)(a) of the Act, for the purposes of section 7 of the Act, a lessee will be taken to be suffering financial hardship as a result of the COVID‑19 pandemic if the lessee is eligible for, or receiving, a JobKeeper payment in respect of the business of the lessee (whether in their capacity as an employer or on their own behalf).
	(2)	Pursuant to section 19(2)(b) of the Act, the Small Business Commissioner must, in making a determination under section 7(8)(b) of the Act, have regard to the following:
	(a)	whether or not the lessee is eligible for, or is receiving, a JobKeeper payment in respect of the business of the lessee (whether in their capacity as an employer or on their own behalf);
	(b)	any reduction in turnover of the business of the lessee (as verified by financial records or statements provided by the lessee) during a specified period as compared with another specified period determined by the Commissioner as being relevant to the circumstances of whether or not the lessee is suffering financial hardship as a result of COVID‑19.
	(3)	In this regulation—
JobKeeper payment means the fortnightly wage subsidy announced by the Prime Minister on 30 March 2020 due to the COVID‑19 pandemic to employers for the purposes of employers continuing to pay their employees.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Revocation of regulations
The COVID-19 Emergency Response (Commercial Leases) Regulations 2020 were revoked by Sch 1 of the COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020 on 15.5.2020.
Principal regulations
Year	No	Reference	Commencement	
2020	46	Gazette 16.4.2020 p779 	16.4.2020: r 2