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Thursday, 14 June 1984
Page: 3082

Senator GARETH EVANS (Attorney-General)(10.07) —In order that Senator Hill is not left with any feeling that we are doing anything unnecessary I remind him that the reason this amendment was made was that the Opposition amendment, which got itself into a muddle through some, with respect, fairly careless drafting-which is perfectly understandable in the circumstances-needed to be fixed up in the other place. Clause 76, as it was drafted before the addition of the amendment, is ambiguous and could be interpreted as permitting an insured who is insured with two or more insurers to recover the full amount of his loss from any one of those two insurers. This would be so even if the sum insured under the contract of the insurance was less than the amount of his loss . If that has clarified the matter-I am not sure that it has-I hope--

Senator Hill —We see no such ambiguity.

Senator GARETH EVANS —I acknowledge the neurosis being expressed by the Opposition. However, since we are both in agreement that the matter ought to be corrected, whether it deserves to be or not, I wish the amendment a speedy passage.

Question resolved in the affirmative.

Resolution reported; report adopted.