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Legislative Assembly for the ACT: 1997 Week 14 Hansard (11 December) . . Page.. 5064 ..

MR HUMPHRIES (continuing):

In moving these Government Amendments, I should emphasise at the outset, that Mr Moore's amendments do not provide the answers for small businesses in dispute with property owners; nor do they strengthen the substantive legal rights of small businesses against unfair business conduct in commercial and retail leasing relationships. Indeed, the widening of the Act to catch big businesses would frustrate the fundamental purpose of the Act which is to assist small businesses resolve disputes in their retail and commercial leasing relationships.

In contrast, the Government's amendments will put in place strong legislative protections that seek to maintain a balance between the bargaining power of owners and tenants.

No Government can determine the bargain that needs to be struck between an owner and a tenant. The Government can only provide an appropriate legislative framework that balances rights and ensures that there are appropriate remedies available that have regard to the relative bargaining strength of owners and tenants. The test to be applied in the Government's major amendment to clarify and expand the meaning of unconscionable conduct in the Act goes to the heart of this issue.

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