Page 584 - Week 02 - Thursday, 6 March 2008
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The bill amends the Partnership Act 1963 to recognise the new early-stage venture capital limited partnership investment vehicle. These amendments will allow investors in start-up Australian innovation enterprises to receive a number of tax concessions, reinforcing the reputation of the ACT as a positive place to do business. The ACT will be one of the first jurisdictions to amend its partnership laws to recognise this new investment vehicle, and this should encourage venture capital investment in the ACT. Only a limited partnership or an incorporated limited partnership established under a law of a state or territory is eligible to be registered under the commonwealth legislation. Consequential amendments have been made to the partnership legislation to recognise the newly created investment vehicle.
The bill amends the Residential Tenancies Act 1997 to give the Residential Tenancies Tribunal an explicit power to make a termination and possession order where there has been a breach of a specific performance order by the tribunal. A recent Supreme Court decision has ruled that section 42 of the act—conditional termination and possession orders—may only be used in rental arrears cases. This has left many lessors—in particular, Housing ACT—with eviction and possession as their only apparent remedies when faced with breaches of a lease.
As a result of the Supreme Court ruling against the practice of the Residential Tenancies Tribunal imposing conditional orders for non-rent breaches, this has left Housing ACT in a difficult position in relation to other breaches of the agreement—particularly those breaches by a tenant who interferes with the quiet enjoyment of neighbouring tenants. Rather than expanding the scope of conditional orders, which nevertheless remain well suited to deal with failures to pay rent, it is proposed to give the tribunal an explicit power to make an order for specific performance.
This amendment will provide parties and the tribunal with an additional remedial alternative rather than a party applying for an immediate eviction order. For example, when a tenant breaches an order for specific performance, the landlord would be obliged to return to court, but would only need to prove the breach in order to get relief. This initiative should enhance security of tenure and reduce the level of eviction rates. It will also give additional certainty to a lessor when a breach of a specific performance order occurs.
The bill amends the act to provide that the power to make a conditional order under section 42 is expressly confined to rent arrears cases and makes a number of consequential amendments in the act. The bill also amends the Residential Tenancies Act to remove any uncertainty about the power of the president of the tribunal to appoint a member of the tribunal for particular hearings.
The bill amends the Utilities Act 2000 to rename the Essential Services Consumer Council, or the ESCC, as the Energy and Water Consumer Council, or EWCC. The name change will better inform consumers about what the council does, which is dealing with energy and water complaints, and not other essential services such as housing and communications. Also, the use of the term “Energy and Water” is more consistent with equivalent bodies in other states and territories. The bill also makes consequential amendments to other legislation, including the Court Procedures Act 2004, the Magistrates Court Act 1930 and the Ombudsman Act 1989.
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