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Legislative Assembly for the ACT: 2003 Week 1 Hansard (18 February) . . Page.. 116 ..


Proposed new clause 57A.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Community Affairs and Minister for the Environment) (4.23): I move amendment No 3 circulated in my name, which inserts a new clause 57A [see schedule 1 at page 124].

Amendment No 3 is consequential upon amendment No 2. Amendment No 3 inserts a new section of the transitional provisions of the Leases (Commercial and Retail) Act. The new section 168A will save any Magistrates Court orders made in proceedings under the Leases (Commercial and Retail) Act 2001 that were commenced before the introduction of this section. Section 168 (2) provides that, if an order made was not provided for by the Leases (Commercial and Retail) Act, the order is taken to be made or to have been made validly under the powers that the court can exercise under the Magistrates Court (Civil Jurisdiction) Act 1982.

Proposed new clause 57A agreed to.

Clauses 58 to 69, by leave, taken together and agreed to.

Proposed new part 14A and proposed new clauses 69A and 69B.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Community Affairs and Minister for the Environment)(4.24): I move amendment No 4 circulated in my name, which inserts a new part 14A and new clauses 69A and 69B [see schedule 1 at page 125].

Amendment No 4 is a new amendment that is consequential upon amendment No 2. The amendment removes section 12 of the Magistrates Court (Civil Jurisdiction) Act 1982, which caused conflict between the Magistrates Court (Civil Jurisdiction) Act 1982 and the Leases (Commercial and Retail) Act 2001. Furthermore, the purpose of section 12, which was to ensure disputes under the Leases (Commercial and Retail) Act 2001 could only be brought under that act, is better achieved through amendment No 2.

Proposed new part 14A and proposed new clauses 69A and 69B agreed to.

Remainder of bill, by leave, taken as a whole and agreed to.

Bill, as amended, agreed to.

ACTION Authority Amendment Bill 2002

Debate resumed from 12 December 2002, on motion by Mr Corbell:

That this bill be agreed to in principle.

MRS DUNNE (4.26): The ACTION Authority Amendment Bill will be supported by the Liberal opposition because it makes good the undertakings of successive governments to the staff of the ACTION Authority that the employee entitlements that they enjoyed as members of the ACT public service would be maintained.


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