Bills

Retail and Commercial Leases (Miscellaneous) Amendment Bill

Committee Stage

In committee (resumed on motion).

Clause 5.

The Hon. R.I. LUCAS: I move:

Amendment No 1 [Treasurer–2]—

Page 5, lines 36 to 38 [clause 5, inserted section 4(3)(b)(i)]—Delete 'that is lodged for registration by the lessor within 3 months after both parties have executed the renewal' and substitute:

that is, following execution by both parties, lodged for registration by the lessor not later than 2 months after the day on which the lease would, but for the renewal, expire

I understand there is agreement now. I am moving amendment No. 1 [Treasurer–2]. I am not proceeding with amendment No. 1 [Treasurer–1]. In speaking to that, can I indicate that after the bill had passed in the lower house, the Deputy Registrar-General brought to the attention of the Small Business Commissioner the fact that the time frame for renewal or extension of a lease by registration under section 153(2) of the Real Property Act 1986 is two months, while the time frame under proposed section 4(3)(b) in the bill was three months.

The deputy registrar was also concerned that problems may arise because the two respective time frames are initiated by two different events. In order to address the concerns of the Registrar-General, parliamentary counsel drafted a further amendment to proposed section 4(3)(b) in the bill, which is this one, and that resolves the issue. I urge members to support the amendment.

Amendment carried; clause as amended passed.

Remaining clauses (6 to 31) and title passed.

Bill reported with amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (17:20): I move:

That this bill be now read a third time.

Bill read a third time and passed.