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Legislative Assembly for the ACT: 1997 Week 5 Hansard (13 May) . . Page.. 1345 ..

MRS CARNELL (continuing):

(a) by omitting `A person' and substituting `Subject to subsection (2), a person'; and

(b) by adding at the end the following subsection:

`(2) This section does not apply in respect of a payment by way of a bond or rent that is made to the Territory, a Minister or a public authority of the Territory.'.

"Insertion

5B. Before section 2A of the Principal Act the following section is inserted in Part IIA:

Application

`62AW. This Part does not apply in relation to prescribed premises in respect of which a lease has been granted by the Territory, the Executive, a Minister, the Commonwealth, a Commonwealth Minister or a public authority of the Territory or the Commonwealth.'.

"Court to consider hardship

5C. Section 71 of the Principal Act is amended -

(a) by omitting from subsection (1) `On the hearing' and substituting `Subject to subsection (4), on the hearing'; and

(b) by adding at the end the following subsection:

`(4) Subsection (1) does not apply in relation to prescribed premises in respect of which a lease has been granted by the Territory, the Executive, a Minister, the Commonwealth, a Commonwealth Minister or a public authority of the Territory or the Commonwealth.'.".

Mr Speaker, the amendment proposes new clauses 5A, 5B and 5C. These have been circulated and I understand that some members, including Ms Reilly, have had briefings in relation to them. The effect of the amendment would be to remove ACT Housing Trust tenancies from the operation of these provisions, thus allowing the ongoing effective administration of public housing in the ACT. I carefully read Ms Reilly's tabling speech in February. This amendment ensures that the points of concern she has are addressed. I think no-one has any problems with that. I do note that the Residential Tenancies Bill will be brought down on Thursday; but, be that as it may, the major concerns she raised in her speech are addressed.

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