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Legislative Assembly for the ACT: 1997 Week 14 Hansard (10 December) . . Page.. 4858 ..

(ii) any risks to the tenant arising from the owner's intended conduct (being risks that the owner should have foreseen would not be apparent to the tenant);

(j) the extent to which the owner and the tenant acted in good faith.

`(2) An owner is not to be taken, for the purposes of this section, to have engaged in harsh, oppressive or unconscionable conduct by reason only of the referral of a dispute to the Tribunal.

`(3) In the application of subsection (1) -

(a) the Tribunal shall not have regard to any circumstances that were not reasonably foreseeable at the time of the alleged contravention; and

(b) the Tribunal may have regard to circumstances existing before the commencement of this section but not to conduct engaged in before that commencement.'.

Interim orders

10. Section 53 of the Principal Act is amended -

(a) by omitting subsection (1) and substituting the following subsection:

`(1) Where at any time after the referral of a dispute to which this Act applies to the Registrar under section 12 -

(a) a person who has a direct interest in the dispute applies to the Tribunal for an interim order under this section; and

(b) the Tribunal is satisfied that, if such an order were not made, the person applying for the order would suffer detriment;

the Tribunal may make such interim order as it considers appropriate to safeguard the position of that person,';

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