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Legislative Assembly for the ACT: 1997 Week 14 Hansard (11 December) . . Page.. 5066 ..

MR HUMPHRIES (continuing):

stronger party was aware of the disability and took unfair advantage of it.

Under the new Government amendment, you can show that conduct is unconscionable by demonstrating any or all of the enumerated factors in the new section, some of which include the Tribunal being able to take into account the relative bargaining strengths of the parties to a lease; whether the tenant is being required to comply with conditions which are not reasonably necessary for the protection of the owner's legitimate interests; whether the tenant was able to understand relevant documents; whether unfair tactics were used; and whether and on what terms the tenant was able to acquire similar premises.

The Tribunal may also consider the extent to which the owner's conduct was consistent with their conduct towards like tenants in similar circumstances, and other factors which will assist the Tribunal determine the existence of unconscionable conduct in a dispute about a lease.

Importantly, section 53 of the Act will be amended to allow the Tribunal to make interim orders at any time and for the benefit of any party to a dispute not just to a hearing. Section 54 of the Act will

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