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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 625 ..


Leave granted.

MR STEFANIAK: I move the amendments [see schedule 1 part 1 at page 679].

Again, Mr Speaker, these amendments are consequential on the passage of the Unit Titles Act 2000.

MR STANHOPE (Leader of the Opposition) (4.58): Mr Speaker, the Labor Party will support the amendments.

Amendments agreed to.

Clause 66, as amended, agreed to.

Clauses 67 to 69, by leave, taken together and agreed to.

Clause 70.

MR STANHOPE (Leader of the Opposition) (4.59): Mr Speaker, I move amendment No 10 circulated in my name [see schedule 4 part 1 at page 720].

This amendment adds subclause (4) to clause 70. Subclause (4) states:

Further, subsection (1) (a) (ii) does not allow the lessor to recover from the tenant an outgoing in relation to premises that are usually leased but are currently unleased.

In the context of the clause, this amendment is designed to ensure that a lessor cannot spread the cost of temporarily vacant premises across the board. Tenants in a centre or a leased premises should not be asked to bear the cost of a vacancy within premises.

Once again, the purpose of this amendment is to ensure that a lessor cannot spread his costs resulting from a vacancy in premises within a particular building across the range of tenants that remain in the premises. It is a protection for existing and continuing tenants against, as I say, an unscrupulous landlord seeking to shift costs in that way.

At 5.00 pm, in accordance with standing order 34, the debate was interrupted. The motion for the adjournment of the Assembly having been put and negatived, the debate was resumed.

MS TUCKER (5.01): We will be supporting the amendment moved by Labor. The new subclause rightly prevents lessors from recovering from tenants the cost of maintaining premises usually leased but currently unleased. In other words, you cannot expect tenants to fork out for maintaining parts of premises that happen to be untenanted.

Amendment agreed to.

Clause 70, as amended, agreed to.


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