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Legislative Assembly for the ACT: 2000 Week 12 Hansard (7 December) . . Page.. 3809..


MR HUMPHRIES (continuing):

An amendment to the Crown Proceedings Act 1992 will remove a competitive advantage enjoyed by territory authorities when carrying on business. Presently many such authorities avoid paying court fees and charges because of the generous framing of section 12 of the act.

An amendment to the Partnership Act 1963 removes an anomaly that may discourage ACT partners from accepting directorships in corporations. The amendment makes it clear that when partners give consent to one of their number to act as a director of a corporation the partners do not ordinarily intend to grant the partners' authority for every act or omission of that partner as a director. Rather the partners are only consenting to the director spending part of what would be professional time as a director.

Of itself, partners' consent to a partner accepting directorship in a corporation does not make the firm liable for a commercial judgment exercised by that partner in his/her capacity as corporate director. The amendment operates only as a presumption against liability.

Members will note that the amendment extends to activities in relation to both Corporations Law corporations and bodies corporate under an ACT law. This will have the beneficial effect of removing from ACT partners a disincentive to accepting positions on government statutory authorities.

Mr Speaker, as with previous portfolio bill amendments, the government is confident that these amendments will lead to more accessible and up - to - date legislation. I therefore commend the bill to the house.

Debate (on motion by Mr Stanhope ) adjourned to the next sitting.

SALE OF MOTOR VEHICLES AMENDMENT BILL 2000

Mr Humphries , pursuant to notice, presented the bill and its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES (Chief Minister, Minister for Community Affairs, Attorney - General and Treasurer) (11:06): Mr Speaker, I move:

That this bill be agreed to in principle.

This bill accords with the government's objective of streamlining legislation by collapsing the existing Registration of Interests in Goods Act 1990 into the Sale of Motor Vehicles Act 1977. The bill amends the Sale of Motor Vehicles Act 1977 to include a new part 4A dealing with registration of interests in motor vehicles.

It may be recalled that the Registration of Interests in Goods Act 1990 was formulated with much flexibility in order to accommodate many goods that may be prescribed in the future. However, we have seen that, for the past 10 years the law has operated in the territory, motor vehicles have remained the only goods prescribed. It appears unlikely


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