Page 2650 - Week 09 - Wednesday, 24 August 1994

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Page 8, line 24, clause 18, paragraph (1)(d), omit the paragraph, substitute the following paragraph:

"(d) the acquisition is effected by an agreement made when there was no pre-acquisition declaration or certificate under section 21 in force relating to the acquisition.".

Page 16, line 11, clause 32, paragraph (2)(b), add "or".

Page 16, line 12, clause 32, paragraph (2)(c), omit the paragraph.

Page 16, line 24 to page 17, line 5, clause 32, subclauses (5) and (6), omit the subclauses.

Amendments agreed to.

Bill, as a whole, as amended, agreed to.

Bill, as amended, agreed to.

COMMERCIAL AND TENANCY TRIBUNAL BILL 1994

Debate resumed from 16 June 1994, on motion by Mr Connolly:

That this Bill be agreed to in principle.

MR HUMPHRIES (5.18): I am assuming responsibility for this Bill with the retirement of Mr Westende. Madam Speaker, this is a very significant piece of legislation for a whole series of reasons. I might say at the outset that philosophically my party would generally strongly oppose legislation of this kind. Here we have a government which is proposing, through this legislation, to step into the marketplace, interpose itself between parties in the marketplace and say to those parties, "Here are new rules, and you parties shall comply with these new rules. What you might have contracted in the past, or even what you might contract in the future, is subject to these new rules".

Mr Connolly probably would not baulk at being described as an interventionist in the areas under his portfolio. I do not think legislation such as this could be much more interventionist. But, that said, it is also true to say that the Liberal Party supports this legislation and does so quite strongly. The reason that it does is that, despite our support for market principles and despite our belief that it is important that, where possible, individuals within a marketplace should be allowed to decide for themselves under what terms they treat their relationships and what results they achieve from those relationships, it is true to say that the ideal marketplace in which these kinds of arrangements are drawn up and individuals are treated on a free and even basis does not exist and probably has never existed in the ACT. We could have a debate about whether it exists anywhere, but certainly if any marketplace could be described as being unlike the ideal it would have to be that of the ACT.


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