Page 5692 - Week 17 - Thursday, 5 December 1991
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Clause 212
MR JENSEN (4.29): Mr Speaker, I move:
Page 75, line 29, at the end of the clause, add the following subclauses:
"(4) The Executive shall not accept the surrender of lease, or any part of the land comprised in a lease, otherwise than in accordance with criteria for the acceptance of the surrender of leases or leased land specified pursuant to subsection (5).
"(5) The Executive may, for the purposes of this section, by instrument -
(a) specify criteria for the acceptance of the surrender of leases or leased land; or
(b) amend or revoke criteria so specified.
"(6) An instrument under subsection (5) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
"(7) An instrument under subsection (4) is a disallowable instrument for the purpose of section 10 of the Subordinate Laws Act 1989.".
Basically, what we are requiring here is:
The Executive shall not accept the surrender of lease, or any part of the land comprised in a lease, otherwise than in accordance with the criteria for the acceptance of the surrender of leases or leased land specified pursuant to subsection (5).
In fact, this amendment would allow the Executive, in this case, to specify the criteria, and it would also make this instrument a disallowable instrument. We think that is appropriate because it is very important for this sort of information to be identified and clearly established so that there is no argument about it, and so that everyone knows, in these circumstances, that the Government is operating to the criteria. It is quite appropriate for these criteria to be dealt with in this way.
MR KAINE (Leader of the Opposition) (4.30): The Liberals do not support this amendment. When we dealt with clause 164 we said that we did not agree with the notion of the Assembly being able to disallow a lease which the Government has entered into. For the same reasons, we do
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