Page 2182 - Week 06 - Tuesday, 21 June 2011
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I would like to read members one section. For those that have not read it, read this, digest it and tell and me in plain English what this means. Perhaps you could, Mr Speaker. I quote 276B:
Lease variation charges—amount payable
(1) The lease variation charge for a chargeable variation of a nominal rent lease is—
(a) for a prescribed chargeable variation for which a charge is determined in an LVC determination—the determined charge for the variation …
I defy anybody to tell me what that means. This government, pushing through this evening, wants all of us to make that law. I am going to read that again. This is a corker. I have been here for a long time and I do not think I have ever seen a clause like this. Clause 276B says:
Lease variation charges—amount payable …
Perhaps the would-be Treasurer can stand up and explain it, because he is going to get to administer this after 1 July. Or perhaps the outgoing Treasurer, when she finishes yawning, can jump up and, with erudite sureness and swiftness, tell us what this means. It says:
(1) The lease variation charge for a chargeable variation of a nominal rent lease is—
(a) for a prescribed chargeable variation for which a charge is determined in an LVC determination—the determined charge for the variation …
I take it from the stunned silence opposite that nor can you explain that. When this gets to court, the judge is going to reach for the explanatory memorandum, which, as I pointed out, is longer than the actual act. When you look for section 276B, it goes for about a page, but it is no clearer. It is absolutely no clearer. It says:
New s276B sets out what the LVC is for prescribed chargeable variations and also for s277 lease variations. New s276B points to the relevant provisions and instruments that set out how the LVC amount for these chargeable variations is to be worked out.
Clear, hey, guys?
I will read it again. They are explaining that “the lease variation charge for a chargeable variation of a nominal rent lease is … for a prescribed chargeable variation for which a charge is determined in an LVC determination—the determined charge for the variation”. What it actually means is that the new 276 sets out what the LVC is for a prescribed chargeable variation and also for 277 lease variations. That sentence does not even make sense. It is an explanatory memorandum but it actually does not make sense.
Mr Barr: It is probably operator error in this instance.
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