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Legislative Assembly for the ACT: 2000 Week 10 Hansard (18 October) . . Page.. 3172 ..

MR HUMPHRIES (continuing):

Bonds, Guarantees, Rent and Outgoings

The Bill makes comprehensive provision about bonds, including the manner of holding bond moneys and deductions that can be made from such moneys. It also streamlines provisions relating to the determination of market rent in cases of rent reviews and lease renewals, in cases where the parties cannot agree. The Bill makes it clear what outgoings may be recovered from a tenant.


The Bill includes detailed provisions dealing with damaged premises, including the circumstances as to the kind of damage that may give rise to the right to terminate the lease.

Assignments, Subleases and Mortgages

The Bill includes new provisions dealing with the need for consent to be obtained from the lessor's mortgagee or head lessor in relation to a proposed assignment by a tenant. A lessor is able to withhold consent to a proposed assignment but only if to do so is reasonable in all the circumstances.

Extension, Renewal and Termination of Leases

The Bill confirms the requirement that tenants must be offered a lease for a minimum period of five years, unless independently advised by a legal practitioner. A lease for less than five years may be extended by the tenant as a matter of right in certain circumstances and, in such cases, provision is now made for the terms of such extended leases to be ascertained.

Shopping centres

The Bill requires lessors to consult with a majority of tenants or their representative body, about substantial redevelopment proposals for a shopping centre or part of a shopping centre.

I commend the Bill to the Assembly.

Debate (on motion by Mr Quinlan ) adjourned.


Mr Humphries presented the bill and its explanatory memorandum.

Title read by Acting Clerk.

MR HUMPHRIES (Chief Minister) (11.33): I move:

That this bill be agreed to in principle.

I ask for leave to have my presentation speech incorporated in Hansard.

Leave granted.

The speech read as follows:

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