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Tuesday, 10 August 2004
Page: 26028


Senator BROWN (4:31 PM) —I take the acting minister to annex 11-B of the agreement, headlined `Expropriation'. It deals with just that—expropriation, as corporations might see it, of their rights cemented under this agreement when they challenge the government of the day to get their slice of power, influence or money for government actions which previously would have been part of the law of the land. The minister will see that paragraph 4(b) states:

Except in rare circumstances, nondiscriminatory regulatory actions by a Party—

that means a government—

that are designed and applied to achieve legitimate public welfare objectives, such as the protection of public health, safety, and the environment, do not constitute indirect expropriations.

What are the `rare circumstances'?