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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 657 ..

The Assembly voted-

	Ayes 7   			Noes 5

 Mr Berry   	Ms Tucker  	Mrs Burke
 Mr Hargreaves  Mr Wood  	Mr Cornwell
 Mr Kaine    			Mr Hird
 Mr Rugendyke    		Mr Smyth
 Mr Stanhope    		Mr Stefaniak

Mr Stanhope's amendment agreed to.

Mr Stefaniak's amendment No 1, as amended, to Mr Rugendyke's proposed amendment No 4 agreed to.

Mr Stefaniak's amendment No 2 [see schedule 1 part 4 at page 686] to Mr Rugendyke's proposed amendment No 4 agreed to.

Mr Rugendyke's amendment No 4, as amended, agreed to.

Clauses 106 and 107, as amended, agreed to.

Proposed new clauses 107A and 107B.

MR STANHOPE (Leader of the Opposition) (9.00): Mr Speaker, I move amendment No 20 circulated in my name [see schedule 4 part 1 at page 720].

Mr Speaker, this amendment proposes a new division 12.2, entitled "Termination generally". The new part proposes a new procedure on termination to permit termination by agreement, to provide for a termination notice to be given to a landlord and disputed in court, if it needs to be disputed-that is not something that happens particularly frequently in Canberra; only a mere handful of such notices is currently given-and to allow a court to confirm action by a landlord if premises are abandoned by a tenant.

Proposed new clause 107A preserves the existing rights of parties in relation to a leasehold and proposed new clause 107B provides that divisions 12.3 and 12.4 do not prevent the termination of a lease by agreement between the parties, so the new provision does not affect the capacity of parties to a lease to terminate by agreement.

Mr Kaine: Mr Speaker, I seek clarification. We have just passed Mr Rugendyke's amendment, which included proposed new clauses 107A and 107B. Can you explain to me the effect of this amendment from Mr Stanhope? Does it replace the proposed new clauses 107A and 107B that we just voted on?

MR SPEAKER: I am advised that if this amendment is agreed to, the legislation will be altered in accordance with standing order 191, which reads:

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