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Tuesday, 16 September 2008
Page: 8


Senator JOYCE (1:21 PM) —I just want to clearly put on the record, for all those who are driving off the road and getting confused at the moment: you cannot repeal something that does not actually exist. So to talk about getting rid of recoupment is an oxymoron, because it does not exist. With 46(1AA), market share came into place. Market share means that you do not have market power. Recoupment is a section of market power. Also, it has already been dealt with in an explanatory memorandum, but you would have to go to another section of the bill and specifically say that, if in the future a court ever found recoupment to be an issue, we have pre-empted that by saying it will never ever be considered. And if you go down that path you might start to consider a whole range of other things that courts may or may not consider and start repealing them—and we will be here till tomorrow night.