Page 2066 - Week 07 - Tuesday, 28 May 1991

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completed report by the other will be taken as evidence of the state of repair. I guess it is true that one or other of the parties could, with some cupidity, ensure that lodgment was delayed or that one party was not fully conversant with the provisions and did not lodge the report, such that the report that would be relied upon in the event of a dispute would be the one done by the knowledgeable party. There may well be arguments for putting some obligation and compulsion on the issue. I will undertake to examine that over the break and see whether we can agree on that matter.

In general, I welcome the comments on the more general issues in the Bill. As I said earlier, this is a modern graft onto an anachronistic Act. I was grateful that Mr Connolly acknowledged that. There is no need to beat the drum on that. The fact is that the principal Act is under review by the Law Reform Committee. I do hope that we do see the principal legislation brought up to date, amended and expanded in due course. In the meantime, I believe that it is appropriate to put this rental bond process into the current Act.

The Government is grateful for the support for this piece of progressive legislation. I did note that Mr Connolly remarked that there were some stronger provisions in the New South Wales Act in relation to one or two matters. Again, I will comment on that in the detail stage. I think it is appropriate to adjourn the debate at this stage, unless there are other speakers, and we can approach the detail issues after the dinner break.

Question resolved in the affirmative.

Bill agreed to in principle.

Sitting suspended from 4.57 to 8.00 pm

(Quorum formed)

Detail Stage

Clause 1 agreed to.

Clauses 2 to 5, by leave, taken together, and agreed to.

Clause 6

MR COLLAERY (Attorney-General and Minister for Housing and Community Services) (8.03): Mr Speaker, I wanted to point out that this provision exempts the Director of Rental Bonds from liability under the principal Act. For example, it would allow the office to withhold a bond past the 28-day limit in paragraph 36(1)(ab) in cases where the money was frozen due to a dispute. The New South Wales Landlord and Tenant Rental Bonds Act 1977 does not provide


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