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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 661 ..

MR STANHOPE (continuing):

Mr Speaker, this amendment adds a subclause to clause 116, which is a provision that goes to the use of turnover figures. Subclause (1) provides that the lessor must not require the tenant to supply periodic turnover figures unless the lease provides that rent is to be worked out by reference to turnover. Subclause (2) provides that the lessor must not divulge or communicate a tenant's periodic turnover figure to anyone except a significant list of people and organisations to whom it is appropriate that those turnover figures be provided, but the provision does not go on to prevent anyone on that long list of people and organisations then revealing the content of the periodic turnover. This is a confidentiality clause of some sort which prevents the odd revelation of turnover figures.

Amendment agreed to.

Clause 116, as amended, agreed to.

Clauses 117 to 121, by leave, taken together and agreed to.

Clause 122.

MR STANHOPE (Leader of the Opposition) (9.18): Mr Speaker, I move amendment No 25 circulated in my name [see schedule 4 part 1 at page 720].

This amendment to clause 122 of the bill is in relation to arrangements for consultation that must be carried out before a redevelopment. Subclause (2) currently provides that the lessor is taken to have consulted about the proposed redevelopment if the lessor conducts a meeting about the proposal, the tenants are invited to the meeting, the lessor gives reasonable notice of the meeting and the meeting takes place before a final decision is made to redevelop.

This amendment is about a precautionary inclusion in that range of circumstances to provide that the lessor should distribute a written summary of the proposed redevelopment at or before the meeting. It is precautionary to ensure that the lessor actually gives written notice of the redevelopment and does not just go through a process but not get round to it.

MS TUCKER (9.20): The Greens will be supporting this amendment. It is basically to ensure that tenants are informed about what is happening to their place of business. Labor's amendments Nos 25 and 26 prevent a landlord from getting away with merely inviting a representative body of the tenants to a meeting or providing that body with a summary of the proposal. I think that it is an extraordinary insight into the government's understanding of consultation if giving a representative group a summary of a proposal is seen to be sufficient. Labor's amendments address the problem by deleting that provision and by ensuring that a summary of the proposal is available to all tenants prior to or at the general meeting of the tenants.

Amendment agreed to.

MR STANHOPE (Leader of the Opposition) (9.21): Mr Speaker, I move amendment No 26 circulated in my name [see schedule 4 part 1 at page 720].

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