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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 617 ..


MR STEFANIAK (Minister for Education and Attorney-General) (4.28): I move amendment No 15 on the purple sheet circulated in my name [see schedule 1 part 1 at page 679].

This is a replacement subclause. It provides that a 30-day period qualifies both circumstances in paragraphs 44 (2) (a) and (b), not just (a) as is presently constituted.

MR STANHOPE (Leader of the Opposition) (4.28): The Labor Party will be supporting the amendment.

Amendment agreed to.

Clause 44, as amended, agreed to.

Clause 45.

MR STEFANIAK (Minister for Education and Attorney-General) (4.29): I move amendment No 16 circulated in my name on the purple sheet [see schedule 1 part 1 at page 679].

Again, this amendment provides that the 30-day period qualifies both circumstances in paragraphs 45 (2) (a) and (b). It also limits the operation of the provision to a situation where the guarantee is not part of the lease, as it would be undesirable for the lease to be returned in those circumstances. It covers such things as where the documents are generally bank guarantees.

MR STANHOPE (Leader of the Opposition) (4.29): This is a very sensible proposal, and the Labor Party supports it.

Amendment agreed to.

Clause 45, as amended, agreed to.

Clauses 46 to 50, by leave, taken together and agreed to.

Clause 51.

MR STANHOPE (Leader of the Opposition) (4.30): I move amendment No 5 circulated in my name [see schedule 4 part 1 at page 720].

This amendment is a proposal to amend paragraph (1) (b) of clause 51 to substitute the period 12 months for the period three months contained in the bill. The design behind the amendment is to ensure that there is nothing to be gained by a landlord, heaven forbid, dragging out negotiations or being disinclined to negotiate new arrangements on renewal to continue to receive or obtain more or higher rent simply as the result of the effluxion of time. One would hope that this sort of practice would not be a feature of arrangements anywhere, let alone here in Canberra. This is a provision that ensures that a tenant's position is protected.


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