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TRADE PRACTICES LEGISLATION AMENDMENT BILL 2008

Order of the day read for the adjourned debate on the motion of the Minister for Innovation, Industry, Science and Research (Senator Carr)—That this bill be now read a second time.

Debate resumed.

Reference to committee: Senator Xenophon moved the following amendment:

 At the end of the motion, add "and that the following matter be referred to the Economics Committee for inquiry and report by 3 December 2008:

  The need to develop a clear statutory definition of unconscionable conduct for the purposes of Part IVA of the Trade Practices Act 1974 and the scope and content of such a definition".

Debate ensued.

Question—That the amendment be agreed to—put and passed.

Main question, as amended, 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.

Question—That the bill be agreed to—divided in respect of Schedule 1, items 1, 2 and 6, and Schedule 2, items 1, 2 and 6.

Schedule 1, items 1, 2 and 6, and Schedule 2, items 1, 2 and 6 debated.

Question—That Schedule 1, items 1, 2 and 6, and Schedule 2, items 1, 2 and 6 stand as printed—put.


The committee divided—

AYES,30


Senators—
ArbibFarrellHutchinsMoore
BishopFaulknerLudlamPolley
Brown, CarolFeeneyLudwigSherry
CameronForshawLundySiewert
CarrFurnerMarshallSterle
CollinsHanson-YoungMcEwen (Teller)Wortley
ConroyHoggMcLucas
EvansHurleyMilne

NOES, 32


Senators—
Adams (Teller)CashHeffernanNash
BarnettColbeckHumphriesParry
BernardiEgglestonJohnstonRonaldson
BirminghamEllisonJoyceRyan
BoswellFergusonMacdonaldScullion
BoyceFieldingMasonTroeth
BrandisFierravanti-WellsMcGauranWilliams
BushbyFisherMinchinXenophon

Items negatived.

Question—That the bill, as amended, be agreed to—divided in respect of Schedule 1, item 3 and Schedule 2, item 3.

Schedule 1, item 3 and Schedule 2, item 3 debated.

Question—That Schedule 1, item 3 and Schedule 2, item 3 stand as printed—put and negatived.

Senator Xenophon moved the following amendment:

 Schedule 3, page 8 (after line 13), after item 13, insert:

 13A Subsection 86(1A)

  Omit "or the Commission".

Debate ensued.

At 2 pm: The President resumed the chair and the Temporary Chair of Committees (Senator Joyce) reported progress.