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Legislative Assembly for the ACT: 1998 Week 11 Hansard (10 December) . . Page.. 3578 ..

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determining whether or not the parties have engaged in unconscionable conduct, to make it clear that tenants as well as lessors can be found to have engaged in unconscionable conduct.

Secondly, a general right is provided in the draft Bill for lessors to withhold consent to the assignment of a lease where to do so would be reasonable in all the circumstances. The grounds upon which consent may presently be withheld will also be retained as non-exclusive examples of reasonable refusal. Additionally, consistent with a recommendation of the Working Party originally not accepted by the Government, it is proposed to provide that one of the circumstances where the withholding of consent is reasonable is where the tenant has failed to rectify a breach of the lease.

Thirdly, in relation to redevelopment proposals for a shopping centre or part of a shopping centre, a new provision has been included in the draft Bill requiring lessors to consult either:

. the majority of tenants in the shopping centre or that part of the shopping centre being redeveloped; or

. a representative body of the majority of tenants in the shopping centre or that part of the shopping centre being redeveloped.

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