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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 619 ..
MR STEFANIAK (Minister for Education and Attorney-General) (4.35): The government accepts the amendment.
Amendment agreed to.
MR STANHOPE (Leader of the Opposition) (4.35): I move amendment No 7 circulated in my name [see schedule 4 part 1 at page 720].
Mr Speaker, this amendment seeks to omit paragraph (b) from clause 53 (3) and replace it with the following paragraph:
the tenant accepts the lessor's offer to renew the lease subject to the rent for the lease being market rent.
What this amendment does is clarify the tenant's right to accept an offer to renew but it reserves to the tenant the right to argue about the level of rent. Once again, it is a provision that enhances the position of the tenant in terms of the tenant's negotiating position vis-a-vis rent.
Amendment agreed to.
Clause 52, as amended, agreed to.
Clause 53.
MR STEFANIAK (Minister for Education and Attorney-General) (4.36): Mr Speaker, I move amendment No 19 on the purple sheet circulated in my name [see schedule 1 part 1 at page 679].
This amendment to subclause (2) of clause 53 provides that when a report is received from the valuer, the court must give it to, rather than actually just tell, the parties. The amendment seeks to simplify subclause (3).
MR STANHOPE (Leader of the Opposition) (4.36): The Labor Party will support the amendment.
Amendment agreed to.
MR STEFANIAK (Minister for Education and Attorney-General) (4.37): Mr Speaker, I move an amendment circulated in my name on the dark green sheet [see schedule 1 part 2 at page 685]. I also present an explanatory memorandum.
This amendment introduces the concept of an interim agreement for a determination of market rent in accordance with clause 52. Once the interim agreement comes into effect, when the tenant requests the court to deal with the market rent neither lessor nor tenant may withdraw from the agreement unless, of course, both agree to do so.
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