Senate debates

Tuesday, 16 March 2010

Trade Practices Amendment (Australian Consumer Law) Bill 2009

In Committee

6:19 pm

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | Hansard source

The opposition opposes schedule 1 in the following terms:

(1)    Schedule 1, item 1, page 6 (lines 15 to 18), subsection 3(4) to be opposed.

(2)    Schedule 1, item 1, page 8 (lines 21 to 23), subsection 7(1) to be opposed.

These amendments provide for the removal of the reversal of the onus of proof. We feel that currently there is the capacity for the exploitation of the current provisions regarding the onus of proof. As discussed in my speech on the second reading, those who wish to remove themselves from a contract that might not necessarily be onerous—they have just decided to move on—can foist their position back on to the business that provided the services under that standard contract. These amendments deal with that. It amends two sections of the bill: schedule 1, item 1, page 6, lines 5 to 18 and schedule 1, item 1, page 8, lines 21 to 23.

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