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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 695 ..


Schedule 3

LEASES (COMMERCIAL AND RETAIL) BILL 2000 [NO 2]

Amendments circulated by Mr Rugendyke

PART 1

1

Clause 13

Subclause (2)

Page 8, line 16-

Omit "Magistrates Court", substitute "tenancy tribunal".

2

Clause 13

Subclause (3)

Page 8, line 19

Omit "Magistrates Court", substitute "tenancy tribunal".

3

Clause 17

Page 9, line 18-

Omit the clause, substitute the following clause:

17 What disputes does this Act apply to?

(1) This Act applies to a dispute about, or arising from, a lease or a right arising from this Act.

(2) Without limiting subsection (1), this Act applies to disputes about the following:

(a) the termination of a lease;

(b) a rental rate increase;

(c) a claim for compensation in relation to, or arising from, a lease or this Act;

(d) a lease that is no longer in force.

(3) This Act applies to a dispute about, or arising from, a lease irrespective of when the lease was entered into, renewed or extended.

(4) However, this Act does not apply to a lease that is no longer in force if the lease ended before the commencement of this Act.

(5) This Act applies to a dispute about an act or omission irrespective of when the act or omission happened.

(6) However, if the act or omission, or latest of a series of acts or omissions, giving rise to the dispute happened more than 6 months before the commencement of this Act, the tenancy tribunal has a discretion about whether to hear and decide the dispute.


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