Page 2467 - Week 09 - Tuesday, 7 August 1990

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that so much fuss was made by the Residents Rally and that a wonderful job was done in this area by Chris Donohue who, I understand, was very disappointed with the report in the end.

Mr Jensen: Have you spoken to him lately, Michael?

MR MOORE: Last Friday night.

MRS NOLAN (9.04): After all this time, I am not so sure that I will continue the debate much longer. I was of the understanding that we were going to have just a couple of speakers, but it has gone on for quite some time. As chairman on the Select Committee on the Tenancy of Commercial Premises, I welcome the Government endorsing the select committee's recommendations, and I am hopeful that very soon we will have a code of conduct, as has been recommended by the committee, with the proper mechanism of support, as in the fair trading Act.

I think it is important to mention and reiterate that the fair trading Act is very important to give teeth, if you like, to the code of conduct in regard to the landlord-tenant relationship. But I guess the other point that we have not heard mentioned here tonight is that it will give some protection to the retail trader-consumer relationship.

The other point that I would like to mention at this time is the contribution that was made by Peter Barda from BOMA in New South Wales, along with the Retail Traders Association of New South Wales, in working through the code of conduct. I am hopeful that that basis will be used by the landlords and tenants in the ACT. Much work has gone into that code over a long period, and I certainly see it as something that other States will consider introducing. Those of us on the committee saw the effect of the prescriptive legislation in Victoria. It certainly had not made any contribution to alleviating any of the problems in that commercial area. There were still the same number of problems in the commercial landlord-tenant relationship; it was put to the committee that there had been a significant increase, not decrease, in problems in that area.

I want to mention just a couple of other matters, and one is in relation to the Labor Party introducing as a private members Bill, in March this year, a piece of legislation that I think dates back to 1983. On the first or second page of the legislation reference was made to 1983. The legislation was introduced by Mr Whalan, I am sure, just as a political point-scoring exercise. I do not think he even gave consideration to what it actually said. It is my understanding that it still sits on the books; it certainly has not been removed. It is so out of date that perhaps somebody can take it off.

The other point that I think is important is that this problem has been discussed since 1975. The committee heard of the problems that were first raised in 1975, and some


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