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Legislative Assembly for the ACT: 1997 Week 14 Hansard (10 December) . . Page.. 4857 ..

Amendment ( (continuing):

Amendment ( (continuing):

Substitution

9. Section 36 of the Principal Act is repealed and the following section substituted:

Unconscionable conduct etc.

`36. (1) Without limiting the matters to which the Tribunal may have regard for the purposes of making an order in relation to a dispute referred to in paragraph 6(1)(b), the Tribunal may have regard to any of the following matters:

(a) the relative strengths of the bargaining positions of the owner and the tenant;

(b) whether, as a result of conduct engaged in by the owner, the tenant was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the owner;

(c) whether the tenant was able to understand any document relating to the lease;

(d) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, the tenant or a person acting on behalf of the tenant by the owner or a person acting on behalf of the owner in relation to the lease;

(e) the circumstances under which the tenant could have acquired a lease on identical terms over similar premises from a person other than the owner;

(f) the extent to which the owner's conduct towards the tenant was consistent with the owner's conduct in similar lease transactions between the owner and other like tenants;

(g) the requirements of the Code;

(h) the extent to which the owner unreasonably failed to disclose to the tenant -

(i) any intended conduct of the owner that might affect the interests of the tenant; and

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