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Legislative Assembly for the ACT: 1997 Week 14 Hansard (10 December) . . Page.. 4808 ..

MR MOORE (continuing):

Mr Speaker, there is no doubt that a great deal more needs to be done on this issue. Even when we debated the Tenancy Tribunal Act in 1994, members were aware that it was a step forward at that time. I sought to have a series of amendments passed. They were not passed by that Assembly. I sought to amend the legislation on another occasion. The amendments were still not passed. I seek, once again, to amend the legislation. Looking at the amendments that Mr Humphries has circulated, the effort I have gone to has meant that at least we have dragged the Liberal Party forward on this, kicking and screaming. We have dragged them forward to ensure that they can do something for small business, instead of continuing to be overly influenced by the very effective lobbying of the property owners group.

I accept, generally, that the amendments circulated by Mr Humphries are an improvement, but they are going only halfway. We do not want a halfway improvement. What we want to do is protect small business from the misuse of market position that is happening in Canberra. The choice you have today is whether you will protect small business, and support, particularly, my amendment to section 6 in the last clause headed "Disputes", to allow the tribunal to consider "a dispute about whether rent is, in the circumstances, excessive". We are not doing anything else. All we are doing under this legislation is saying that a tribunal can consider the issue. Included in the amendments circulated by Mr Humphries is the proposal to oppose that clause. I realise that they will go halfway and talk about unconscionable conduct and a series of other things - the halfway measures - but we have the opportunity here to put the balance right. You either take that opportunity now or accept that when you have the opportunity, yet again, to protect small business in this Territory you are not taking it.

I have heard the Chief Minister say again and again that she cannot turn her back on jobs; that she cannot turn her back on small business. The Chief Minister knows better than anybody else, because she has been in the position of being a tenant under these circumstances. No doubt she has spoken to a series of tenants, as I have. I do not even know who her landlord was. I know that there are some fantastic landlords around the ACT who look after their tenants extremely well, even when a tenant is unable to pay for some time. They carry them. There are some great landlords around. We know that.

We also know that there are some very harsh landlords, particularly in the big malls around Canberra. We have spoken to people, again and again, who have gone out of business or, at the very least, have gone very close to the wall because of the misuse of power and because of the misuse of market position. That is what this debate is about, and the Liberal Party and the Labor Party know very well the power of market position. I hope that when, over the next few hours, Mr Wood looks at the working party report he will also look - I am happy to provide him with a copy - at the fairly recent report of the House of Representatives Standing Committee on Industry, Science and Technology about finding a balance, because I think that also identifies the sort of action that we should be taking in these circumstances.

Question resolved in the affirmative.

Bill agreed to in principle.

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