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Legislative Assembly for the ACT: 1997 Week 11 Hansard (6 November) . . Page.. 3790 ..


MS TUCKER (continuing):

Page 67, line 29, clause 94, omit the paragraph, substitute the following paragraph:

Ò(b) the lessor has served a notice to remedy on the tenant for the failure to pay the rent, being a notice -

(i) served not earlier than 8 days after the day on which the rent was due; and

(ii) containing a statement that if the tenant pays the rent outstanding to the date of payment within 7 days of the date of service of the notice to remedy, no further action shall be taken and the tenancy shall continue;Ó.

Page 69, line 4, clause 97, omit Òthis clauseÓ, substitute Òclause 96Ó.

Page 69, line 6, clause 97, omit ÒvacationÓ, substitute Òintention to vacateÓ.

Page 69, line 23, clause 98, add the following subclause:

Ò(2) In this clause -

Ôimmediate relative[Otilde] means a son, daughter, son-in-law, daughter-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law or sister-in-lawÓ.

Page 69, line 25, clause 99, omit Òthis clauseÓ, substitute Òclause 98Ó.

Page 69, line 27, clause 99, omit ÒvacationÓ, substitute Òintention to vacateÓ.

Page 69, line 29, clause 100, omit the clause.

I want to say once again that I am presenting these amendments, but basically they are the result of a lot of cooperation and give and take that has occurred between all members of the Assembly. I am the one who is privileged to represent that work here today, but I want to acknowledge that it has been a very admirable effort from everybody. I am pleased to see that we can do that here, and I hope we do it more often.

The major issues covered by these amendments are the changes to the tribunal and the arrangements for parties to contract out of the terms included in this legislation. Regarding the tribunal, while we still do not have a stand-alone tribunal, at least the model that is before us now ensures that members with expertise in energy matters will be appointed. This is an essential part of effective tenancy dispute resolution. Other tribunals, like the commercial tenancy tribunal, have had major problems because they have been too caught up in the Magistrates Court, so I hope that this model will go some way to improving that.


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