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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 672 ..

MR STEFANIAK (continuing):

Yes, this is consequential upon the passage of the Unit Titles Act, Mr Speaker.

Amendment agreed to.

Remainder of bill, as a whole, as amended, agreed to.

Recommittal of clauses 51, 52 and 104.

MR RUGENDYKE (10.01): Mr Speaker, pursuant to standing order 187 I move:

That clauses 51 (as amended), 52 (as amended), and 104 (as amended) be recommitted and considered seriatim.

I propose to move new amendments to these clauses.

MR SPEAKER: For the benefit of members I quote standing order 187:

At the conclusion of consideration of the detail stage of a bill, a Member may move that the bill be reconsidered either in whole or in part.

Question resolved in the affirmative.

Recommittal of clause 15.

MS TUCKER (10.02): I move:

That clause 15, as amended, be recommitted.

There was confusion earlier today with pairing. Mr Osborne was not here and I was not made aware of it. A vote was lost basically because that pairing arrangement was not made. Mr Kaine has now said that he is happy to pair with Mr Osborne, so I am recommitting what actually was my amendment. It was my fifth amendment. This is my amendment regarding assignment. I can, if you like, speak again to that.

Mr Stanhope: Yes, I would agree to that.

MS TUCKER: Okay. The point at issue here is whether an assigned lease, the lease the original tenant has sold or transferred to someone else, should attract the protection of this act. In accepting a lease from another tenant the new tenant rightly ought to be entitled to the same protection as the original tenant if it is warranted. There have been court decisions that support the view that a new lease is commenced on assignment. It strikes me as inappropriate to legislate via this act to remove that protection as established through these courts.

Question put:

That clause 15, as amended, be recommitted.

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