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Thursday, 27 November 2003
Page: 18323


Senator KEMP (Minister for the Arts and Sport) (10:47 PM) —The government do not support this amendment, Senator Greig, because we do not believe that it is necessary. The bill as drafted sets out what the courts must consider when determining a reasonable amount of compensation when equipment is damaged as a result of a search. It must have regard to whether the occupier of the premises or their employees and agents, if available, gave appropriate warnings or guidance. This is a non-exclusive list. A court could, for example, choose to take into account any warning or advice provided by the equipment's owner, as suggested by the Democrat amendment, in determining compensation. The example given in the bill as currently drafted, however, has listed the people most likely to be able to give informed advice about the operation of the equipment concerned. Senator, we do not think it is necessary. We think your concerns are covered, and so we do not support the amendment.

Question agreed to.

Progress reported.