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Thursday, 12 December 2002
Page: 7995

Senator COONAN (Minister for Revenue and Assistant Treasurer) (9:41 PM) —Thank you for your comments, Senator Ludwig. Whilst the legislation will differ between states, I would have thought that the definition in the New South Wales act would still allow a finding that somebody was incapable because of their young age, physical or mental disability or lack of a capacity to understand the risk warning. And it would certainly not be cutting off every track, or at least cutting off the channel for someone in those circumstances to be able to use an implied warranty, which is really what we are concerned about here. But in no way are we restricting their rights in tort. What we are trying to do, I think, is look at an overall balance. It is quite right for the Senate to be concerned about minors and people with disabilities. It is a very important aspect under consideration in the Trade Practices Amendment (Liability for Recreational Services) Bill 2002. The regime that is provided appropriately deals with the implied warranty provision. But it also allows anyone who is in the grey area or who falls between the stools, so to speak, to still be able to avail themselves of their full suite of rights in tort.

Question agreed to.