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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 713 ..

132 Applications that may be made

An application may be made in relation to a dispute to which this Act applies.

Note Section 17 sets out the disputes to which this Act applies.

7

Proposed new clause 132A

Page 63, line 19-

After clause 132, insert the following new clause:

132A Timing of rental applications

(1) An application by a tenant in relation to a rent increase must be made at least 28 days before the increase is proposed to take effect, unless the Magistrates Court waives this requirement.

(2) However, the Magistrates Court may hear an application relating to a proposed rental rate increase made less than 28 days before the day the increase is proposed to take effect, if satisfied that-

(a) the application is late because of special circumstances; and

(b) to hear the application would not place the lessor in a significantly worse position than the lessor would have been had the tenant applied at least 28 days before the day the increase is proposed to take effect.

8

Proposed new clause 132B

Page 63, line 20-

Before clause 133, insert the following new clause:

132B Court to act promptly

If an application is made to the Magistrates Court in relation to a dispute, the court must endeavour to resolve the dispute, or hear and decide the application, within 28 days after the application is made to the court.

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Clause 135

Paragraph (2) (a)

Page 64, line 21-

Omit the paragraph, substitute the following paragraph:

(a) hearing the dispute as quickly as possible; and

10

Proposed new clause 136A

Page 64, line 27-

After clause 136, insert the following new clause:

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