Page 2557 - Week 09 - Tuesday, 23 August 1994
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MAGISTRATES COURT (CIVIL JURISDICTION)
(AMENDMENT) BILL (NO. 2) 1994
MR CONNOLLY (Attorney-General and Minister for Health) (9.35): Madam Speaker, I seek leave to present the Magistrates Court (Civil Jurisdiction) (Amendment) Bill (No. 2) 1994.
Leave granted.
MR CONNOLLY: I present the Magistrates Court (Civil Jurisdiction) (Amendment) Bill (No. 2) 1994.
Title read by Clerk.
MR CONNOLLY: I move:
That this Bill be agreed to in principle.
This Bill is part of the package of legislation relating to commercial and retail tenancies which is on the notice paper, and I hope that it will be subject to an in-principle debate during these sittings. After extensive and exhaustive consultation with property owner and tenant groups on the regulatory framework for commercial and retail tenancies in the ACT, I am proposing a consequential amendment to the Magistrates Court (Civil Jurisdiction) Act 1982 and I will shortly be proposing some further Government amendments to the Commercial and Tenancy Tribunal Bill.
Madam Speaker, there is a need to ensure that when a dispute is referred to the Commercial and Tenancy Tribunal the tribunal has exclusive jurisdiction in relation to the dispute. This means that the Magistrates Court should have no jurisdiction to hear such a matter. This amendment will be given effect in the Magistrates Court (Civil Jurisdiction) (Amendment) Bill (No. 2), which has been presented to the Assembly. In essence, under this Bill, the Commercial and Tenancy Tribunal will have exclusive original jurisdiction to hear disputes in relation to the proposed code of practice for commercial and retail tenancies. I thank members for allowing me to present this Bill somewhat out of order, so as to have the full package before members before the in-principle debate on the substantive legislation. I commend the Bill to the Assembly. I present the explanatory memorandum.
Debate (on motion by Mr Humphries) adjourned.
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