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Wednesday, 14 August 1974
Page: 941


Senator MURPHY (New South WalesLeader of the Government in the Senate, Attorney) (General and Minister for Customs and Excise) -On the matter put by Senator Greenwood, it seems to me that if we inserted the words 'reasonably believed to be offered by a competitor' we would open up the gates by which all sorts of tricks could enter. We would provide that the person would escape the net in this clause although there was discrimination.

Where discrimination has been carried out the person could answer. 'Well, I did it in good faith to meet a price or a benefit which was never actually offered but was reasonably believed to be offered.' In other words, there is no basis in fact which would justify the discrimination. The Opposition proposes to introduce the defence that a person reasonably believed that somebody had done something that he had never done at all.


Senator James McClelland (NEW SOUTH WALES) - It would be opening a Pandora's box.







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