Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

CIVIL DISPUTE RESOLUTION BILL 2010

Order of the day read for the adjourned debate on the motion of the Minister for Small Business (Senator Sherry)—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.


Senator Brandis moved the following amendments together by leave:

 Clause 3, page 2 (line 12), omit "genuine", substitute "reasonable".

 Heading to clause 4, page 2 (line 14), omit "Genuine", substitute "Reasonable".

 Clause 4, page 2 (line 16), omit "genuine", substitute "reasonable".

 Clause 4, page 3 (line 18), omit "genuine", substitute "reasonable".

 Clause 5, page 4 (line 3), omit "genuine", substitute "reasonable".

 Heading to Part 2, page 5 (line 1), omit "genuine", substitute "reasonable".

 Heading to clause 6, page 5 (line 4), omit "Genuine", substitute "Reasonable".

 Clause 6, page 5 (line 6), omit "genuine", substitute "reasonable".

 Clause 6, page 5 (line 8), omit "genuine", substitute "reasonable".

 Clause 6, page 5 (line 18), omit "genuine", substitute "reasonable".

 Clause 6, page 5 (line 20), omit "genuine", substitute "reasonable".

 Heading to clause 7, page 5 (line 24), omit "Genuine", substitute "Reasonable".

 Clause 7, page 5 (line 25), omit "genuine", substitute "reasonable".

 Clause 7, page 5 (line 27), omit "genuine", substitute "reasonable".

 Clause 7, page 5 (line 29), omit "genuine", substitute "reasonable".

 Clause 7, page 5 (line 30), omit "genuine", substitute "reasonable".

 Clause 7, page 6 (line 1), omit "genuine", substitute "reasonable".

 Heading to clause 8, page 6 (line 4), omit "Genuine", substitute "Reasonable".

 Clause 8, page 6 (line 5), omit "genuine", substitute "reasonable".

 Clause 9, page 6 (line 9), omit "genuine", substitute "reasonable".

 Clause 10, page 6 (line 16), omit "genuine", substitute "reasonable".

 Heading to clause 11, page 7 (line 3), omit "genuine", substitute "reasonable".

 Clause 11, page 7 (line 8), omit "genuine", substitute "reasonable".

 Clause 11, page 7 (line 11), omit "genuine", substitute "reasonable".

 Clause 12, page 7 (line 17), omit "genuine", substitute "reasonable".

 Clause 12, page 7 (line 20), omit "genuine", substitute "reasonable".

 Clause 18, page 11 (line 7), omit "genuine", substitute "reasonable".

 Clause 18, page 11 (line 8), omit "genuine", substitute "reasonable".

 Clause 18, page 11 (line 10), omit "genuine", substitute "reasonable".

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

On the motion of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Senator Evans) the following amendment was debated and agreed to:

 Clause 4, page 2 (after line 14), before subclause (1), insert:

  (1A) For the purposes of this Act, a person takes genuine steps to resolve a dispute if the steps taken by the person in relation to the dispute constitute a sincere and genuine attempt to resolve the dispute, having regard to the person's circumstances and the nature and circumstances of the dispute.


Explanatory memorandum: Senator Evans tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

Question—That the bill, as amended, be agreed to—divided, at the request of Senator Evans, in respect of clause 14.

Clause 14 debated.

Question—That clause 14 stand as printed—put and negatived.

On the motion of Senator Evans the following amendment was agreed to:

 Page 11 (before line 3), before clause 18, insert:

  

17A Act does not exclude or limit law relating to disclosure of information, etc.

   To avoid doubt, this Act does not exclude or limit the operation of a law of the Commonwealth, a law of a State or Territory, or the common law (including the rules of equity), relating to the use or disclosure of information, the production of documents or the admissibility of evidence.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Boyce) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of Senator Evans the report from the committee was adopted and the bill read a third time.