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Tuesday, 16 September 2008
Page: 7

Senator JOYCE (1:16 PM) —Once more, on the question of whether recoupment is now to become an issue: recoupment is not in legislation. There is no legislation about recoupment, and any inference that it was in legislation was dispelled at the time of the previous trade practices amendment bill at the end of last year, which specifically dealt with the issue in the explanatory memorandum, saying that it was not an issue to be considered. The only way it could come into place would be in a further interpretation of a court or in some part in the future that would be completely against what is currently in 46(1AA). To bring back recoupment now is to do no more than to bring into the legislation something that does not exist or to deal with something that is no longer deemed to be a problem because it is excluded by the concept of market share and, prior to that, was also excluded by the explanatory memorandum on the previous bill. It would mean that a court found an interpretation of market share that has not in any way, shape or form been indicated by this piece of legislation in 46(1AA) or in the previous explanatory memorandum. So where does the minister believe this infusion of recoupment is actually going to come from?