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Wednesday, 14 August 1974
Page: 919

Senator MURPHY (New South WalesAttorneyGeneral) - I thank the Deputy Leader of the Opposition (Senator Greenwood) for his attitude on this clause. I will answer the question raised by Senator Wright. The old doctrines really dealt mostly with the position as between persons; for example, the sale of a business or the master and servant situation. Although there were references in the judgments to the public interest, such cases really related to reasonableness as between the parties. There was a party and party situation. In this case the public comes in very definitely in the sense that these contracts, arrangements or understandings are rendered a contravention of the law, however reasonable they might be as between parties. For example, an arrangement that was operating as between parties might be quite satisfactory to both. Neither of them might want to complain about it. However, that arrangement might be manifestly against the public interest. That is why we have moved away from what we might call the common law approach and have left in clause 5 1 provisions as to matters which are dealt with in the old common law. Regard is not to be had in these matters to the master and servant relationship, and so forth. Those things are spelt out and are not being dealt with in the enactment.

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