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Friday, 3 April 1987
Page: 1840


Senator WALTERS(12.21) —I move:

Page 10, subclause 19 (2), lines 3 to 7, leave out the subclause, insert the following new subclause:

``(2) Where:

(a) a person refrains from doing an act, being an act of a kind made unlawful by subsection 16 (1), by reason only that:

(i) the act is made unlawful by that sub- section; or

(ii) an injunction or interim injunction is granted under section 17 restraining the person from doing the act; and

(b) because the person refrains from doing the act, another person suffers loss or damage, whether directly or indirectly;

the Commonwealth is liable to pay compensation to that other person in respect of the loss or damage.''.

As I mentioned earlier, the Minister has already said that compensation will be available to people who suffer loss or damage. As I have already quoted from Hansard, Senator Richardson said:

There is no cutting off of any possibility of compensation for anyone in Tasmania who considers himself or herself to be affected by this Bill.

The Prime Minister (Mr Hawke) has said that no jobs will be lost. Consequently, I ask the Minister: Is it not reasonable that in this instance he accept the amendment moved?