Senator KEMP (Minister for the Arts and Sport) (4:53 PM) —The coalition do not believe that this amendment is necessary. In the event that a direction is issued, the carrier or carriage service provider would be compelled to act in accordance with that direction. In doing so the carrier would comply with a lawful order and could not be liable for damages for such action. The common law principle of the doctrine of frustration, I am advised, would provide a defence to any action for damages in contract as a result of a failure to provide a service due to compliance with a lawful direction.

Question agreed to.