Page 335 - Week 02 - Tuesday, 20 February 1990
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The committee also considers that the fair trading legislation should not only deal with tenancy agreements but also include aspects relating to the relationships between retailers and their customers. Accordingly, the committee recommends fair trading legislation be enacted to support the code of practice.
The committee does not propose to provide detailed recommendations on the matters which should be included in the code. This would pre-empt the discussions which will take place on what is hoped will be a mutually acceptable agreement between landlord and tenants. The committee would suggest, however, that the code should address matters such as an appropriate disputes settlement mechanism, rent review, compensation for relocations, outgoings, minimum lease terms with the option for renewal, standard leases and disclosure statements. While the committee firmly believes that a lease should be available to tenants prior to occupancy, it is clearly the responsibility of both parties to ensure that this takes place.
The committee concludes that there are definite limits to legislative controls. These include rents and the basic rights in connection with the ownership of property. The committee doubts that prescriptive legislation could ever restore a relationship that has reached the point where inconceivable differences exist. The committee also believes, however, that its proposals, if implemented, will enable a dual system of mediation in arbitration which will assist landlords and tenants to reconcile their differences.
In conclusion, Mr Speaker, I would like to urge all parties to accept reform in the spirit in which it is given and set about achieving a mutually acceptable code to all involved. I offer my best wishes in what the committee hopes will be a very speedy achievement.
Sitting suspended from 5.13 pm to 8.00 pm
TENANCY OF COMMERCIAL PREMISES - SELECT COMMITTEE REPORT
Debate resumed, on motion by Mrs Nolan:
That the recommendations be agreed to.
MR JENSEN (8.00): Mr Speaker, before I commence, I think it is appropriate that I should welcome members of the 13th Canberra Cub Pack to the gallery this evening. I welcome them to the proceedings, and I trust that they will find them interesting and innovating. I was never a cub, but I was certainly involved in the Boy Scouts. I know how important a role an organisation like the cubs and their leaders play in community involvement of our young people. I welcome them to the house.
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