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Monday, 7 May 1984
Page: 1688


Senator GARETH EVANS (Attorney-General)(10.13) —Life is a little more complex than some honourable senators of the Opposition would occasionally wish to acknowledge. The reality is that from an insurance company's point of view what it is concerned to be able to do is to avoid contracts where, had it known of the fraud involved, it would not have accepted the risk. That has always been the touchstone in practice that has been applied by reputable insurance companies in the only circumstances in which they have really relied in their rights when fraud comes to light. What we are trying to do really is to build that kind of quantitative principle into this. I know it makes it difficult to be absolutely precise when building in a weighing and balancing principle of this kind. The real world does demand flexible solutions to what are in fact legitimate problems.

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 33 to 37-by leave-taken together.