Nick Xenophon (SA, Independent) Share this | Hansard source

I would like to get some clarification from Senator Brandis in relation to this and indeed from Senator Sherry. My position is that I support the Birdsville amendment. I do not want to see that tampered with, because I believe that it provides an alternative remedy for small businesses in predatory pricing cases. But I also support the existing section 46—given the decision in the Boral and other cases—insofar as it makes it clear that there is no requirement for recoupment, because that would not be inconsistent with the provisions of the Birdsville amendment. I would be grateful if Senator Brandis could clarify that for me.