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Tuesday, 16 September 2008
Page: 7

Senator BRANDIS (1:15 PM) —Minister, with respect, you are wrong. The one section that nobody has spoken about so far in this discussion, which is still the governing section of section 46, is section 46(1), which is unaffected by any of your amendments. If you wanted to introduce recoupment, you would deal with the matter by reference to section 46(1), not a newly worded section 46(1AA), which eliminates from consideration market share—which, as I was at pains to point out a moment ago, is the concept upon which the Birdsville amendment operates. So even on the basis of your own analysis, with respect, Minister, the proposed section 46(1AB) is inapt.