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Legislative Assembly for the ACT: 1996 Week 14 Hansard (12 December) . . Page.. 4918 ..

Amendment (by Mr Moore) agreed to:

Page 17, line 16, insert after proposed section 184A the following proposed section:

"New change of use charge formula

`184AA. (1) 18 months after the day on which section 184A commences, the formula in subsection 184A(2) is to be omitted and the following formula substituted:

`(2) The formula in subsection 184A(2), as in force immediately before the day on which the substitution of the formula takes effect under subsection (1) of this section, continues to apply in relation to the variation of a lease if the variation had been applied for, but the lease had not been varied, immediately before that day.".

MS HORODNY (11.37): Mr Speaker, I withdraw my proposed amendments Nos 13 to 15.

MR MOORE (11.38): Mr Speaker, I move:

Page 17, line 16, proposed section 184A, add the following proposed subsection:

"(5) A variation of a lease has no effect if the change of use charge payable under subsection (1) for the variation is not paid.".

I will speak to my amendment No. 20 at the same time, Mr Speaker. My amendment No. 20 refers to exactly the same thing. A variation of a lease does not come into effect at all if the change of use charge is not paid. I think the amendment is fairly self-evident, Mr Speaker, and I commend it to the Assembly.

MR HUMPHRIES (Attorney-General and Minister for the Environment, Land and Planning) (11.39): Mr Speaker, I indicate that we will support this amendment. We discussed this some time ago. I think there is a distinction between the Executive not approving a variation unless the change of use charge has been paid and a variation not being effective unless a change of use charge has been paid. Since there is a distinction, I think it is reasonable to have that buttress against inappropriate or misconceived variations occurring. Therefore, we will support this amendment and Mr Moore's amendment No. 20 to clause 45 as well.

Amendment agreed to.

Clause, as amended, agreed to.

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