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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 626 ..
Clauses 71 and 72, by leave, taken together and agreed to.
Clause 73.
MR STANHOPE (Leader of the Opposition) (5.02): Mr Speaker, I move amendment No 11 circulated in my name [see schedule 4 part 1 at page 720].
This amendment to clause 73 requires that specified minimum standards be reasonable. Clause 73 applies to employment restrictions. For the information of members, clause 73 (1) states:
a lease provision is void if it limits, or has the effect of limiting, a tenant's right to employ people chosen by the tenant.
Subclause (2) states:
Subsection (1) does not prevent a lease containing provisions to the effect of any of the following:
(a) a provision specifying minimum standards of competence and behaviour for people employed on the premises or others ... working on the premises.
This enables the lessor to impose on a tenant a range of minimum standards of competence and behaviour, et cetera, that a lessor might require of a tenant. All my amendment does is require that any standards that a lessor seeks to impose on a tenant be reasonable in the circumstances. "Reasonable" is a test known to us all and it is only appropriate that provisions such as this be measured against a standard of reasonableness.
MR STEFANIAK (Minister for Education and Attorney-General) (5.03): The government supports the amendment.
Amendment agreed to.
Clause 73, as amended, agreed to.
Clauses 74 to 82, by leave, taken together and agreed to.
Clause 83.
MS TUCKER (5.04): I move amendment No 10 circulated in my name [see schedule 2 part 1 at page 690].
Mr Speaker, this very important amendment relates directly to the situation many retailers in shopping centres find themselves. The act as it stands allows a shopping centre, at no penalty, to change the mix of business it houses no matter what impact such change may have on the tenants. There are instances where, for whatever reason, the shopping centre has been in conflict with a tenant-let us say a butcher-and has solved the problem by bringing in a couple of other butchers and setting them up right
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