House debates

Wednesday, 17 March 2010

Trade Practices Amendment (Australian Consumer Law) Bill 2009

Consideration of Senate Message

6:36 pm

Photo of Gary GrayGary Gray (Brand, Australian Labor Party, Parliamentary Secretary for Western and Northern Australia) Share this | Hansard source

I move:

That the amendments be agreed to.

The government, working closely with the opposition, moved a number of amendments to this bill in the Senate. Both parties agree that these amendments improve the bill. The government’s amendments moved the start date from 1 January 2010 to 1 July 2010; changed the definition of ‘unfair’ to include the consideration of detriment to the consumer; removed the minister’s power to blacklist certain terms; introduced specific criteria that the minister must take into account when listing examples on the grey list; and made a number of technical and transitional changes. The opposition moved an amendment to remove two rebuttal presumptions in the unfair contract terms provisions of the bill. The removal of these rebuttal presumptions would undermine the ability of private consumers to use the unfair contract terms law at all. Therefore, the government could not agree to this amendment. Senator Xenophon also moved a number of amendments, none of which the government could agree to. I commend the amendments.

Question agreed to.

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