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Wednesday, 4 October 2000
Page: 17799


Senator IAN CAMPBELL (Parliamentary Secretary to the Minister for Communications, Information Technology and the Arts) (11:41 AM) —We have taken advice from the Attorney-General's Department in relation to these matters. The compensation that I referred to earlier would relate to the Commonwealth intervening in a private contract which, on the advice we have received, would constitute for these purposes the acquisition of property and would, therefore, under the Constitution require compensation. I do not think I need to clarify or add to any of the other points I have made. The point about viewing the contracts is that the proposed amendment would move a liability from one party to a contract to other parties. I think it is fair that the government would know how a contract moves that liability. I think it is unreasonable to ask us to pass legislation that moves a liability without knowing how that will take place and upon whom the liability would fall. It is entirely appropriate that the Commonwealth should be aware of the provisions of that contract.