Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I am advised that the concept of transparency was in the exposure draft. I think the key point of difference for us is that, while we think transparency is an important issue, it does not prevent the court from making a decision about the fairness. We do not see that the court cannot still deal with the fairness. We think it is important that transparency of a term is something that the court ought to have regard to. Your point that somehow this provision undermines any assessment of fairness is not one we share.