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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 660 ..

Clauses 113 and 114, by leave, taken together and agreed to

Proposed new clauses 114A to 114F.

MR STANHOPE (Leader of the Opposition) (9.12): Mr Speaker, I move amendment No 23 circulated in my name [see schedule 4 part 1 at page 720].

Mr Speaker, this amendment is the start of a new division 12.4, entitled "Determination by lessor". It simply continues for the sake of completeness the provisions which the Assembly has just agreed to in relation to termination generally and in relation to termination by a tenant. These provisions would apply in relation to the termination of a lease by a lessor.

These provisions have previously been referred to as preventing a lock-out of tenants by a landlord. The division sets out a process and a procedure which will be followed in the future, subject to the acceptance of this amendment by the Assembly. As indicated in the amendment, there is a range of clauses. Clause 114A-the procedure for termination of a lease by a lessor-sets out the proposal for termination by a lessor and the situation should a tenant wish to contest the termination. Clause 114B is about confirmation of a contested termination and clause 114C is about confirmation of an uncontested termination.

Clause 114D is about the content of termination orders that may be made. Clause 144E is about the content of warrants for eviction and clause 114F is about the issuing of warrants for eviction and the circumstances that would apply in the magistrates court to the issuing of a warrant. It is a detailed set of circumstances relating to the termination of leases. As I indicated, there are detailed, step-by-step procedures in relation to the termination of a lease, all designed to protect a tenant from an unscrupulous landlord, heaven forbid that there are any in Canberra.

MR RUGENDYKE (9.15): I spoke to this amendment also in my previous speech. I do note that this amendment appears once again to be a cut-and-paste from my original bill. I congratulate Mr Stanhope for his foresight in picking up such important and well drafted amendments that certainly do give small business operators heart in these matters. I support this amendment.

MR STEFANIAK (Minister for Education and Attorney-General) (9.16): The government accepts the amendment.

Amendment agreed to.

Proposed new clauses agreed to.

MR STANHOPE (Leader of the Opposition) (9.17): I move amendment No 24 circulated in my name [see schedule 4 part 1 at page 720].

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