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Legislative Assembly for the ACT: 1997 Week 14 Hansard (10 December) . . Page.. 4854 ..

MS HORODNY (continuing):

While I acknowledge that the number of people who have leases entered into before 1995 is diminishing, there are still small businesses who are suffering. If they have to wait until harsh and unconscionable conduct has resulted, it may be too late. I urge members to reconsider their earlier position and to support the small businesses in this town.

This amendment will make the difference in the areas of rent review, including all provisions about valuations for market rent, and preventing claims for depreciation costs in outgoings. It will also give tenants rights in relation to interference by landlords, so that landlords will, in future, be liable for compensation for disturbances, relocations, demolitions and suchlike. It will also clear up the rights of tenants to transfer a lease and will apply the existing minimal rights in relation to seeking renewal and issues such as relocation in malls. While these rights will extend to leases entered into before 1995, they will not apply to conduct that occurred before this amendment, if passed, becomes law.

Landlords argue that most leases will expire in the next couple of years anyway and that any new leases will come under the Act. In the meantime, many businesses may face bankruptcy, with exorbitant rents and no chance of any relief under the Tenancy Act. Many tenants are on long leases - some up to 10 years - and it is, therefore, a very relevant amendment. I urge members to support it.

MR HUMPHRIES (Attorney-General and Minister for Fair Trading) (4.21): Mr Speaker, this amendment involves retrospectivity. That is always a dangerous concept. It also affects an increasingly small number of leases. Increasingly, the number of leases that are affected by the legislation grows each year as the time between its original passage and now increases.

Mr Berry: Fully understood; well argued.

MR HUMPHRIES: Yes; and in this case that is all I want to say.

MR MOORE (4.21): Mr Speaker, I think that had better go on record as the briefest speech that Mr Humphries has ever made. We all are aware that, when Mr Humphries stands up to speak, you look at the clock and if it says we have 10 minutes to go you know that there is going to be a 10-minute speech. But today I have been proved wrong. I can see new things coming, and it is a great blessing for this Assembly. For the record, Mr Speaker - - -

MR SPEAKER: It would be nice for others to follow Mr Humphries's example, Mr Moore.

Ms McRae: You have endless time. The clock is not even moving for you.

MR MOORE: That is because it is my legislation.

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