Senator STOTT DESPOJA (5:20 PM) —I move Democrats amendment (7):

(7) Clause 72, page 45 (line 9), omit "one year", substitute "6 years".

The clause provides for a limit on the period within which an action for damages may be brought. This provision limits that period to one year and one day from when the damage occurred. We find this a surprising provision, as limitations periods in Australia are well characterised beyond one year and one day. I am advised that the usual term of a limitations period is six years, so the amendment proposes to insert the period of six years.

In response to my questions to the minister, I am informed that the 12-month rule reflects the terms of the liability convention. This is not consistent with our national laws and we believe that it is a significant undermining of the rights of individuals in Australia who may seek to make claims under the bill or take other actions.