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Wednesday, 17 March 2010
Page: 2022

Senator CARR (Minister for Innovation, Industry, Science and Research) (9:40 AM) —The government’s position is that Senator Xenophon’s proposed amendment is unnecessary and would not add anything to the provision. What the original, government amendment seeks to do is clarify that an individual party to a contract, rather than a regulator only, has standing to apply to a court for the declaration that a contract term is unfair. At the Commonwealth level, this standing is already granted by the federal courts act 1996. However, this amendment is necessary to ensure that individuals can access state courts and tribunals under the applied Australian consumer law.

The TEMPORARY CHAIRMAN (Senator Forshaw)—The question is that Senator Xenophon’s amendment to Senator Carr’s proposed amendment be agreed to.

Question negatived.

Original question agreed to.