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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 649 ..

MR STEFANIAK: Do you want me to move my amendments as well? I have not spoken to them yet; I have just spoken to Mr Rugendyke's amendments at this stage, Mr Speaker.

MR SPEAKER: Yes. Do you wish to formally move your amendment No 1 on the white sheet to Mr Rugendyke's amendment No 4 on the pink sheet?

MR STEFANIAK: I am happy to move it now.

MR SPEAKER: It would assist the debate, minister.

MR STEFANIAK: I move amendment No 1 on the white sheet circulated in my name to Mr Rugendyke's amendment No 4 on the pink sheet [see schedule 1 part 4 at page 686].

I will speak a bit further to that. In relation to my amendments, Mr Speaker, as noted earlier, a key omission from Mr Rugendyke's amendments are machinery provisions included in the South Australian legislation. The government amendments remedy this omission by providing how a lessor must commence negotiations and how a tenant may accept a lease offered under the preference provisions. The amendments provide that negotiations must be conducted in good faith.

In addition, provision is made, similar to that in South Australia, for a lessor to advise tenants when the preference provision will not apply and, if not, why. South Australia has no market rent provisions as proposed in the ACT bill. It is necessary to reconcile the provisions without upsetting the right of tenants and lessors to rely on those provisions in circumstances outside the negotiation of a new lease under the preference provisions. This is done, ensuring that the lessor cannot, as under the market rent provisions, make a conditional acceptance of a lease subject to market rent being determined. To do otherwise would be to upset the balance that exists between the rights of tenants and lessors to too great a level.

MR SPEAKER: We seem to have the rainbow alliance here.

MR STANHOPE (Leader of the Opposition) (8.11): Mr Speaker, as I indicated previously, the Labor Party has had extensive discussions with Mr Rugendyke's office and quite extensive discussions with a range of interested parties. I think these are probably the most discussed and consulted on parts of the entire package that we are debating today. I got to the stage where I was not game to look at the fax machine or to answer a phone.

As I indicated previously, the Labor Party will be supporting Mr Rugendyke's amendments, and I will indicate now that we are also supporting the government's amendments to Mr Rugendyke's amendments except for subclause 7 of clause 107AA, to which I also have circulated an amendment.

In relation to Mr Rugendyke's amendments: as I mentioned, my office has worked cooperatively with Mr Rugendyke on this. We have consulted extensively on it and we have taken a decision that we are prepared to support a provision that in effect mirrors the provision that exists in the South Australian legislation.

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