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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-03-29 Daily Xml
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STATUTES AMENDMENT (COMMUNITY AND STRATA TITLES) BILL

Committee Stage

In committee.

(Continued from 15 March 2012.)

Clause 17—reconsidered.

The Hon. S.G. WADE: I move:

Page 11, line 17 [inserted section 78B(4)(a)]—After 'contract' insert:

(other than a contract that is for a period of 12 months or less)

I thank the committee for postponing further consideration of this bill to allow us to submit this amendment. We understand this amendment merely clarifies a previous amendment, and I understand from indications from the government that it is amenable to both amendments. As I understand it, the government's primary policy concern was in relation to property developers and that it is inappropriate for property developers to, if you like, constrain a corporation going forward with long-term contracts.

We did not dispute that as a policy goal and supported that, but it was brought to our attention that there could be an unfortunate consequence for property managers, that they would lose value in their property. As I understand it, this amendment merely confirms the previous amendment that has been considered by the committee, and I commend it to the committee.

The Hon. G.E. GAGO: The government supports this amendment for the reasons the honourable member has outlined.

The Hon. D.G.E. HOOD: Just briefly, for the record, Family First supports it as well. I would like to take the opportunity to thank the Hon. Mr Wade for his consultation on this issue.

Amendment carried.

The Hon. S.G. WADE: I move:

Page 11, after line 25—Insert:

(4a) For the purposes of subsection (4)(a), the period of a contract is the term of the contract disregarding any renewal period that may occur at the end of that term unless the renewal occurs at the option of the body corporate manager (in which case the period of the contract will be taken to include the period of the renewal).

This amendment is consequential.

Amendment carried.

The CHAIR: There is a further amendment to clause 17, [Wade-1] 3.

The Hon. S.G. WADE: I might actually pause, because—no, I do still need to move this. I move:

Page 13, line 29 [inserted section 78D(7)(a)]—Delete '3' and substitute '10'

The reason I was doubting it is the government's previous amendment changes the bill introduced to a 28-day notice period, and in normal circumstances that would mean that a body would already have had 28 days' notice of the termination of a contract. This amendment is still needed because it talks about access to records even outside a termination context.

We suggest that three business days is too short a period for a business to be expected to make records available. I can assure you that even 10 business days would be difficult for my household budget. We think that that is a reasonable compromise, and we would commend it to the committee.

The Hon. G.E. GAGO: The government supports this amendment.

Amendment carried; clause as amended passed.

Clause 53.

The Hon. S.G. WADE: I move:

Page 33, line 2 [inserted section 27B(4)(a)]—After 'contract' insert:

(other than a contract that is for a period of 12 months or less)

I indicate that this is consequential on previous amendments supported.

Amendment carried.

The Hon. S.G. WADE: I move:

Page 33, after line 10—Insert:

(4a) For the purposes of subsection (4)(a), the period of a contract is the term of the contract disregarding any renewal period that may occur at the end of that term unless the renewal occurs at the option of the body corporate manager (in which case the period of the contract will be taken to include the period of the renewal).

This amendment is also consequential.

Amendment carried.

The Hon. S.G. WADE: I move:

Page 35, line 11 [inserted section 27D(7)(a)]—Delete '3' and substitute '10'

I believe this is consequential.

Amendment carried; clause as amended passed.

Title passed.

Bill reported with amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (12:10): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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