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Legislative Assembly for the ACT: 1999 Week 7 Hansard (1 July) . . Page.. 1944 ..



Mr Speaker, this is an amendment designed to provide certainty for those affected by subordinate legislation. There are sufficient checks and balances already in place in the Assembly to ensure that any concerns about adequate scrutiny of Executive action are allayed.

This is an important amendment which will improve efficiency in government administration and provide those people with rights affected or determined by subordinate legislation with a greater degree of certainty. I also note, in a recent debate in this place, that members expressed support for a shortening of the disallowance period.

I commend the Bill to the Assembly.

Debate (on motion by Mr Stanhope ) adjourned.


MR SMYTH (Minister for Urban Services) (11.02): Mr Speaker, I present the Building (Amendment) Bill 1999, together with its explanatory memorandum.

Title read by Clerk.

MR SMYTH: Mr Speaker, I move:

That this Bill be agreed to in principle.

I seek leave to have the presentation speech incorporated in Hansard.

Leave granted.

The speech read as follows:

The Bill makes it possible for the Commonwealth or the ACT Government to sell buildings without any doubt arising that it is legal for the purchaser to use them.

When a Government constructs a building, it follows the standards that apply to private buildings but does not have to go through the approval processes of the Building Act 1972 and so does not obtain a certificate of occupancy that authorises the occupation of the completed building.

In addition the Commonwealth is not an entity to which a certificate of occupancy can be issued.

Finally, many of the buildings concerned were constructed to older standards. This is not a problem while the Commonwealth remains the owner but is when the buildings are sold. They are refurbished before sale but cannot realistically meet the full scope of current standards.

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