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Legislative Assembly for the ACT: 1999 Week 12 Hansard (25 November) . . Page.. 3758 ..


MR CORBELL (continuing):

we believe that because this process is a new one, because we are dealing with a wide variety and number of people in relation to LMAs and because a very complex series of negotiations have to be undertaken, the best way to achieve the best outcome in those negotiations is to provide for a level of confidentiality as is set out in the Bill as it currently stands.

Clearly, that does not mean that the Bill is not subject to other provisions for access, such as those under the Freedom of Information Act. In the current climate we would accept the Government's position that these LMAs should not be generally available for inspection other than through the Freedom of Information Act. However, as with all of these types of matters, should it become apparent that this mechanism is no longer needed and we no longer need to keep these types of agreements private and not available for general inspection, we would be prepared to reconsider the issue, but at this stage we are prepared to accept the Government's argument and we will not be supporting the amendment.

MR SMYTH (Minister for Urban Services) (5.25): Mr Speaker, I thank the Labor Party for their support. It has to be remembered that rural lessees operate as businesses. Even though LMAs might not include financial details, they may include details of how the business operates. Therefore, they should not be open to scrutiny.

Proposed new clauses negatived.

MR SMYTH (Minister for Urban Services) (5.26): Mr Speaker, I ask for leave to move amendments Nos 4 to 7 circulated in my name together.

Leave granted.

MR SMYTH: I move:

Page 5, line 6-

Proposed new subsection 186E (1)

After "lease", insert "(other than a special Pialligo lease)".

Page 5, line 10-

Proposed new subsection 186E (2)

Omit the subsection.

Page 5, line 22-

Proposed new subsection 186E (3)

Omit the subsection, substitute the following subsection:

"(3) In this section-

first amount means-

(a) in relation to a nominal rent lease-the consideration for the lease when granted under section 161 or 171A; or

(b) in relation to a short lease-the value of the lease determined when the lease was granted under section 161 or 171A; or


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