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Thursday, 4 February 2010
Page: 468


Senator BRANDIS (12:24 PM) —There is one other point I want to make in relation to the opposition amendments. Opposition amendment (8) provides for a requirement that there be an undertaking as to damages by the Commonwealth in relation to an application for a preliminary unexplained wealth order or a final unexplained wealth order. The undertaking as to damages is another mechanism by which civil courts protect against and penalise parties for the consequences of bringing inappropriate applications which have significantly deleterious consequences for the person who suffers the order of the court. By analogy, it is appropriate that that scheme be introduced into this legislation, hence opposition amendment (8).

Question agreed to.

CRIMES LEGISLATION AMENDMENT (SERIOUS AND ORGANISED CRIME) BILL (NO. 2) 2009

Bill—by leave—taken as a whole.