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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 632 ..
MR QUINLAN (continuing):
parties consciously take. But the level of protection of the magnitude proposed by the amendment is not practicable in its application. You will never, at the end of the day, be able to work out what are the consequences.
Amendment negatived.
Clause 83 agreed to.
Clause 84.
MR STANHOPE (Leader of the Opposition) (5.28): I move amendment No 12 circulated in my name [see schedule 4 part 1 at page 720].
This amendment relates to arrangements that apply where premises are damaged. It seeks to introduce into the bill some consistency in relation to the treatment and application of damaged premises and damaged buildings and the provisions that are contained within the buildings. It is to be noticed that the bill is not consistent across its clauses in the way it deals with the implications or the consequences of damage to premises as opposed to damage to a building. Clause 84 provides:
(1) This section applies if-
(a) leased premises are damaged; and
(b) the premises cannot be used for their normal purpose because they have been damaged.
(2) The tenant is not required to pay rent or outgoings under the lease while the premises cannot be used unless the Magistrates Court decides otherwise.
What the provision does not go on to explain and does not include is a circumstance where premises that are leased are not damaged but the building in which the premises are contained is damaged. If a tenant cannot get to his shop because something else has happened, the protections provided by the clause do not apply.
My amendment 12 to clause 84 ensures that if the premises are contained within larger premises there is a consistent treatment. If premises are rendered uninhabitable or unusable or if use is diminished as a result of damage that has been sustained to the premises, then it is only appropriate that rent should not be paid or should be adjusted. Similarly, if for whatever reason a tenant cannot get to the premises because of some other impact outside the premises but within the building, the same provisions should apply.
MR STEFANIAK (Minister for Education and Attorney-General) (5.31): The government supports the amendment.
Amendment agreed to.
MR STANHOPE (Leader of the Opposition) (5.32): I ask for leave to move amendments Nos 13 and 14 circulated in my name together.
Leave granted.
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