Senate debates

Tuesday, 16 March 2010

Trade Practices Amendment (Australian Consumer Law) Bill 2009

In Committee

7:12 pm

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

I have received advice that, by adding the concept of transparency, it is another hurdle and another factor that may be taken into account when the core issue is whether the contract term is fair or unfair. I will not take it any further. We will agree to disagree in terms of my position, the government’s position and, indeed, the opposition’s position on this. If I were a betting man, which I am not, I would say that there will be litigation where large corporations will use transparency to argue that consumers should not seek redress when in fact we should be focusing on whether the contract term is fair or unfair.

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