Senator COONAN (Minister for Communications, Information Technology and the Arts) (4:56 PM) —The clarification that the sector has sought is provided in the measure that we are currently debating. It is a measure that works effectively without the opposition's amendments, which do absolutely nothing to clarify and everything to hinder the proper operation of this measure. It shows fairly conclusively that the Labor Party, whilst claiming to somehow or other have some mortgage on being able to consult the sector, clearly does not appreciate that what the sector obviously needs is the clarification this legislation provides, and it needs it now.

Following Senator McLucas's point, I have just had a look and it appears that we first got this amendment at about three o'clock this afternoon. It was the basis upon which I mentioned in my initial remarks that the government have not had an opportunity to consider perhaps all of the implications of this amendment. But because we wish to get it passed and we wish to provide the certainty the sector has sought, we have tried to deal with it on the run. On my reading of it, the amendments that the opposition are moving appear to undermine the process by removing the power that has been sought in its terms for the aged care minister to make a determination of the level of care services that residents of serviced apartments must require in order to qualify for GST-free accommodation and certain services. I agree with the Labor Party that this matter should be resolved expeditiously. If the opposition were serious about wishing to provide this certainty to the sector they would withdraw the amendment and allow the legislation to pass.