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MESSAGE FROM THE SENATE—TRADE PRACTICES AMENDMENT (LIABILITY FOR RECREATIONAL SERVICES) BILL 2002

Message No. 195, 12 December 2002, from the Senate was reported returning the Trade Practices Amendment (Liability for Recreational Services) Bill 2002 with amendments.

Ordered—That the amendments be considered forthwith.


On the motion of Mr Slipper (Parliamentary Secretary to the Minister for Finance and Administration), the amendments were disagreed to, after debate.

Mr Slipper presented reasons, which were circulated, and are as follows:

Reasons of the House of Representatives for disagreeing to the amendments of the Senate

Senate Amendments 1—5

These amendments make a number of variations to a Bill which was drafted to implement a commitment made by the Commonwealth at the Ministerial Meeting on Public Liability Insurance on 30 May this year. At that meeting, the Commonwealth agreed to legislate to allow self assumption of risk for people who choose to participate in inherently risky activities, such as adventure tourism and sports. The Bill is designed to complement State and Territory initiatives directed to ensuring that outcomes in negligence actions reflect community expectations.

At the COAG meeting on Friday 6 December, COAG noted the Commonwealth's commitment to amend the Trade Practices Act to ensure that State and Territory legislation will not be compromised. Acceptance of the amendments would impose fetters on the capacity of parties to rely on the Bill, and hence would compromise the effectiveness of State and Territory reforms.

The House of Representatives therefore does not accept these amendments.

On the motion of Mr Slipper, the reasons were adopted.