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Legislative Assembly for the ACT: 1995 Week 7 Hansard (19 October) . . Page.. 1863 ..

MR HUMPHRIES (continuing):

(c) a person is an associate of another person if the person is an associate of that other person for the purposes of the Franchise Act.'.".

Page 3, line 30, clause 6, subclause (1), after "4", insert ", 4A".

Page 3, line 34, clause 6, paragraph (2)(a), omit "or".

Page 3, line 34, clause 6, subclause (2), after paragraph 6(2)(a), insert the following paragraph:

"(ab) section 4A ceases to apply in relation to an assignment agreement; or".

Page 4, line 8, clause 7, paragraph (1)(a), omit "or" (last occurring).

Page 4, line 8, clause 7, subclause (1), after paragraph 7(1)(a), insert the following paragraph:

"(ab) an assignor or assignee has engaged, or is proposing to engage, in conduct for the purpose of giving effect to an assignment agreement that is illegal by virtue of section 4A; or".

Page 4, line 28, clause 8, after "agreement" (first occurring), insert "or an assignment agreement".

Page 4, line 29, clause 8, paragraph (a), after "4", insert "or 4A, as the case may be".

Mr Speaker, the amendments are basically designed to pick up a number of minor matters concerning the assignment of a franchisee's interest. It was not clear from the original drafting of the legislation that there would be coverage of that particular issue. I circulated these amendments the same day that I tabled the legislation. Members have had, therefore, as much time to view these as they had for the original legislation. I believe that they are appropriate in order to strengthen and give teeth to the legislation in respect of that control over the transfer of franchisee's interests. I present the supplementary explanatory memorandum.

MR CONNOLLY (12.15): Mr Speaker, the Opposition has no difficulty with these amendments, although we did when we first saw them. They caused us to raise our eyebrows and look particularly at that question of acquisition. There is also a point that my colleague Mr Whitecross was going to make. In his absence I will make it for him. I refer to the difficulty that is presented to the Scrutiny of Bills Committee when the Government introduces substantial legislation - we could debate whether this is going to be effective, but I think we would have to agree that it is quite substantial in its legal effect - and on the same day tables a fairly substantial raft of amendments.

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