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

There are many, many things that I agree with Senator Joyce on—and on some things we do not agree—but this is not one of them. My concern is that removing this reversal would require the consumer or the ACCC to prove that the term is not reasonably necessary to protect the reasonable legitimate interests of the business. This adds considerably to the evidence burden on the consumer or the ACCC and makes it much harder to show that the term is unfair. I believe it also adds unnecessarily to the costs to consumers and the ACCC in bringing actions for unfair contract terms. So I agree entirely with Senator Evans: I think it is desirable that we keep this amendment in there, because the practical consequences for consumers in enforcement will be very detrimental to their rights being enforced.