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Thursday, 12 December 2002
Page: 8099


Senator LUDWIG (4:40 AM) —The opposition will not insist on the proposed amendments. It takes this course of action with extraordinary disappointment that the government has been unable to understand the intent and purpose of the legislation. It appears that the government is driven to ensure that the provisions of the legislation will proceed in the current form without the benefit of having Labor's amendment. Labor's amendment would have, in our view, ensured that the operation of the Trade Practices Act in relation to liability for recreational services would have performed a better task and ensured that the liability for persons would be clearer than that which is contained within the bill.

Given the time, Labor will not go into the detail other than to say briefly that the Trade Practices Amendment (Liability for Recreational Services) Bill 2002 would have benefited from Labor's amendment. Labor still believe that the amendment would ensure that there was more certainty. However, given that there is a broad need to ensure that there is legislation in place for this industry for the tort reform that has been progressed within the states, we find that, at this point in time, not insisting on the amendments would be the best course of action. I assure the Senate that we will be watching this space intently to ensure that the legislation works and that it works effectively. If there are areas where the legislation fails then we expect the government to bring it back here for another look.