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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 668 ..


Amendment agreed to.

Clause 144, as amended, agreed to.

Clause 145.

MR STEFANIAK (Minister for Education and Attorney-General) (9.45): I move amendment No 25 circulated in my name on the purple sheet [see schedule 1 part 1 at page 679].

This is the definitional section for division 16.1. However, it did not include in the bill the definition of lease for the purpose of the transitional divisions. Accordingly, I am seeking to put that in through this amendment.

Amendment agreed to.

Clause 145, as amended, agreed to.

Clauses 146 to 148, by leave, taken together and agreed to.

Proposed new clause 148A.

MR RUGENDYKE (9.46): Mr Speaker I move the un-numbered amendment on the red sheet circulated in my name which proposes a new clause 148A [see schedule 3 part 4 at page 719].

This amendment provides that provisions under clause 107A for rules of conduct at the end of a lease term for shopping centre leases only applies for leases entered into after the commencement of this act, as was introduced in South Australia.

MR STEFANIAK (Minister for Education and Attorney-General) (9.47): The government accepts this amendment.

MR STANHOPE (Leader of the Opposition) (9.47): Mr Speaker, the Labor Party supports this amendment. We think this is an important amendment. It is probably relevant to note that it does mirror provisions contained in the South Australian act. I do not believe at this stage that any leases that are subject to the South Australian act have been subjected to the preferential arrangement.

I understand that the Attorney's commencement date for this bill is now 1 July next year, so this piece of legislation is not commencing for another 15 months. It may be that the South Australian provisions will kick in before this act comes into effect, and certainly no preferential leases will be issued pursuant to the ACT legislation for quite some time to come. That is appropriate. It is appropriate that this legislation be prospective and that it not have any retrospective element, in my opinion.

It think it would be unreasonable if this bill should apply to a lease, for instance, that might be terminating on 2 July of next year. It think that is only appropriate. We can now view new events in South Australia with some interest, as I am sure each of us


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