Senator Joyce is right. The proposed new section 46(1AB) creates an exception to a presently non-existent category. Once you say that the court does not have to have regard to recoupment you are implying that but for section 46(1AB) it would have to and even on the existing words of the proposed new section 46(1AB) it may have to. So Senator Joyce is right that section 46(1AB) raises a false issue.