Page 2773 - Week 09 - Thursday, 25 August 1994

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

---

5

provisions of the Bill. The Scrutiny of Bills Committee, in commenting on these provisions, has noted that, in the main, these provisions are qualified by only becoming operational after the substantive commencement date of the Bill.

I have spoken in the past in this Assembly about the need to avoid and oppose legislation which is retrospective in nature. However, -I feel that there are substantial grounds in relation to this Bill, and the issues it addresses, for retrospective provisions to be considered and implemented by this Assembly.

Of particular relevance in this context are the provisions of the Code dealing with "key money" and "ratchet clauses", and the provisions dealing with "harsh and oppressive" conduct. In the case of "key money" and "ratchet clauses" the Bill will apply to all leases, including those already in operation, but will only apply to attempts to enforce such clauses after the commencement of the Code. In the case of "harsh and oppressive" conduct the Bill will again apply to all leases but only to conduct occurring after the Codes commencement.

It could even be argued, Madam speaker, that the retrospectivity provisions of the Bill could be

2773

---

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .