Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

by leave—I move government amendments Nos (1) and (3) to (9) on sheet QU340:

(1)    Clause 7, page 6 (line 30) to page 7 (line 3), omit paragraph (1)(c), substitute:

             (c)    without limiting paragraphs (a) and (b)—expressly provide for a court, commission or tribunal to do any of the following in relation to a services contract on an unfairness ground:

                   (i)    make an order or determination (however described) setting aside, or declaring to be void or otherwise unenforceable, all or part of the contract;

                  (ii)    make an order or determination (however described) amending or varying all or part of the contract.

(3)    Clause 7, page 7 (line 21), at the end of subparagraph (2)(b)(ii), add “or”.

(4)    Clause 7, page 7 (lines 22 and 23), omit subparagraph (2)(b)(iii).

(5)    Clause 8, page 8 (line 32), omit “rights”, substitute “protection”.

(6)    Clause 12, page 10 (after line 28), at the end of the clause, add:

        (3)    In reviewing a services contract, the Court must only have regard to:

             (a)    the terms of the contract when it was made; and

             (b)    to the extent that this Part allows the Court to consider other matters—other matters as existing at the time when the contract was made.

        (4)    For the purposes of this Part, services contract includes a contract to vary a services contract.

                   (i)    make an order or determination (however described) setting aside, or declaring to be void or otherwise unenforceable, all or part of the contract;

                  (ii)    make an order or determination (however described) amending or varying all or part of the contract.

Note:   The effect of subsection (4) is that a contract to vary a services contract can be reviewed under this Part, as the contract to vary will itself be a services contract.

other review proceedings means proceedings in relation to a services contract: