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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 705 ..


(5) On application by the applicant or any other person who has a direct interest in the dispute, the tenancy tribunal may vary or revoke the interim order.

59

Proposed new clause 136B

Page 64, line 28-

Before clause 137, insert the following new clause:

136B Power to grant relief

(1) The tenancy tribunal may exercise any power to grant relief in relation to a dispute to which this Act applies that would be exercisable by the Magistrates Court under the Magistrates Court (Civil Jurisdiction) Act 1982 if that Act applied to the dispute, unless this Act expressly states otherwise.

(2) In addition to any other order the tenancy tribunal may make, the tribunal may do any or all of the following:

(a) reopen a lease and take whatever action it considers appropriate in the circumstances, including-

(i) varying the lease, whether by inserting new terms or otherwise; and

(ii) setting the lease aside, in part or whole;

(b) make any order required to enforce this Act;

(c) restrain a person from breaching a lease or contravening this Act;

(d) require performance of the terms of a lease or a provision of this Act;

(e) require the payment of compensation for loss caused by or resulting from a breach of a term of a lease or a contravention of a provision of this Act;

(f) restore a lease to a person and give the person possession of the premises-

(i) from which the person was evicted in contravention of this Act; or

(ii) that are vacated because of the misleading behaviour of the lessor, including giving a notice that purports to be a notice to vacate that is invalid;

(g) require payment of all or part of the rent payable under the lease to the tribunal until the tribunal orders otherwise;

(h) direct payment to be made out of amounts paid to the tribunal;

(i) terminate a lease and give vacant possession of the premises to the owner.

(3) In addition, the tenancy tribunal may make any other order it considers appropriate.

(4) However, the tenancy tribunal may not make an order under this section that would be inconsistent with this Act.

(5) The tenancy tribunal is not limited in any amount it may order to be paid.


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