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Legislative Assembly for the ACT: 2003 Week 1 Hansard (18 February) . . Page.. 114 ..

MR STANHOPE (continuing):

The need for the amendments that the government is proposing has arisen, as I said before, from a recent Magistrates Court decision and a possible conflict raised in that decision. The terms of the government amendment to remove this possible conflict are as follows: amendment No 1 replaces clause 2 of the bill that was previously circulated. In the bill previously circulated, only parts 6 and 7 were to commence on the day after this act's notification. The government amendment will provide that part 11 and new part 14A of the Justice and Community Safety Legislation Amendment Bill will also commence on notification. Part 11 contains amendments to the Leases (Commercial and Retail) Act and part 14A contains amendments to the Magistrates Court (Civil Jurisdiction) Act 1982.

Amendment agreed to.

Clause 2, as amended, agreed to.

Clauses 3 to 56, by leave, taken together and agreed to.

Clause 57.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Community Affairs and Minister for the Environment) (4.18): I move amendment No 2 circulated in my name [see schedule 1 at page 123].

The amendment replaces clause 57 of the bill as previously circulated. The amendment reproduces the existing parts of sections 144 and 145 of the Leases (Commercial and Retail) Act and adds a further subsection to both. The subsection added to section 144 enables the Magistrates Court, when acting under the jurisdiction of the Leases (Commercial and Retail) Act, to exercise any power that the court could exercise under the Magistrates Court (Civil Jurisdiction) Act. The new subsection also provides that the court may exercise any other power that is necessary or convenient for the exercising of the jurisdiction under the Leases (Commercial and Retail) Act 2001.

Amendment No 2 also inserts a new subsection into section 145 of the Leases (Commercial and Retail) Act. The new subsection, 145 (2), provides that an application in relation to a dispute that may be made under section 145 of the Leases (Commercial and Retail) Act cannot be made under the Magistrates Court (Civil Jurisdiction) Act. This prevents a dispute from being brought under both the Magistrates Court (Civil Jurisdiction) Act and the Leases (Commercial and Retail) Act.

MS TUCKER (4.19): I seek leave to move together amendments Nos 1, 2 and 3 circulated in my name and to present an explanatory memorandum.

Leave granted.

MS TUCKER: I present an explanatory memorandum to my amendments to the bill and move amendments Nos 1, 2 and 3 circulated in my name [see schedule 2 at page 125].

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