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Thursday, 12 December 2002
Page: 7994


Senator COONAN (Minister for Revenue and Assistant Treasurer) (9:38 PM) —I am sure I will be corrected if I have not captured this correctly, but I think I have. The whole intent of the Trade Practices Amendment (Liability for Recreational Services) Bill 2002 is to ensure that actions under contract law are not used as an alternative. The amendment is really concerned about the implied warranty. It is not going to limit rights in tort. It is also important to make the point that contract law is a state matter, more generally, in any event. But the intent of this bill is to make sure that actions under contract law are not used as an alternative. So we are really going down that track and we are not limiting the rights to sue in negligence.