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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 624 ..

MS TUCKER (continuing):

If these concessions are hidden from the fair market rent process, then other tenants will find their "fair market rent" quite unfair in effect. This amendment is just about ensuring that the process is fair and above board.

MR STANHOPE (Leader of the Opposition) (4.54): Mr Speaker, although the Labor Party will support the amendment, I would just indicate that I am not 100 per cent comfortable with it insofar as I am not quite clear on the practical application of a confidentiality clause such as this and the implications for its removal in any event, having regard to information that is going to be provided to the court and the fact that it will get into the public domain. Although I am not quite sure of the issues here, I will support the amendment but I want to ensure that its practical application and impact is monitored.

MR RUGENDYKE (4.55): Mr Speaker, I advise members that I will be supporting this amendment.

Amendment agreed to.

Clause 59, as amended, agreed to.

Clauses 60 to 65, by leave, taken together and agreed to.

Clause 66.

MS TUCKER (4.56): I move amendment No 9 circulated in my name [see schedule 2 part 1 at page 690].

This amendment removes the presumption that land tax is a levy on the operation of the premises as rental property. Land tax is not the same as rates. It is in fact levied on the capital value of the property. The fact that such a property is leased for retail or commercial purposes is not the basis for the charge and it is unreasonable to imply that tenants ought to unequivocally carry the can. Excluding land tax from those outgoings that do not need to be prepared by an auditor will act as a disincentive for property owners to include land tax in the cost of rental property management. The Greens believe it is expenses directly associated with managing rental property which ought to figure in these calculations rather than the generic costs of owning property.

MR STEFANIAK (Minister for Education and Attorney-General) (4.57): Mr Speaker, the government opposes this amendment. I think the effect of this quite clearly will be to generate additional unnecessary compliance work.

MR RUGENDYKE (4.57): I advise that I will be supporting Ms Tucker's amendment.

Amendment agreed to.

MR STEFANIAK (Minister for Education and Attorney-General) (4.58): Mr Speaker, I ask for leave to move amendments Nos 20 and 21 circulated in my name on the purple sheet.

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