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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 723 ..


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Clause 97

Proposed new subclause (6)

Page 47, line 15-

At the end of the clause, insert the following new subclause:

(6) The lessor's mortgagee or head lessor is taken to have consented to the tenant's request if the mortgagee or head lessor fails to give the lessor and tenant written notice of consent or refusal to consent to the request by the latest of the following:

(a) 14 days after being told of the request;

(b) if the mortgagee or head lessor asked for information or a document under section 96-14 days after receiving the information or document;

(c) if a further period has been agreed under subsection (4)-the end of that further period.

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Proposed new division 12.2

Page 54, line 14-

After division 12.1, insert the following new division:

Division 12.2 Termination generally

107A Other rights etc unaffected by termination

(1) The termination of a lease under division 12.3 (Termination by tenant) or 12.4 (Termination by lessor) does not affect a right, privilege or liability existing under, or because of, the lease immediately before its termination.

(2) Unless the parties otherwise agree (otherwise than by a provision of the lease), subsection (1) is not affected by-

(a) the lessor not contesting a termination notice under division 12.3; or

(b) the tenant agreeing to a termination under division 12.4 or not contesting a termination under that division; or

(c) the termination of the lease by agreement between the parties (otherwise than by a provision of the lease).

107B Termination by agreement

Divisions 12.3 and 12.4 do not prevent the termination of the lease by agreement between the parties (otherwise than by a provision of the lease).


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