David Bushby (Tasmania, Liberal Party) Share this | Hansard source

Prior to question time I was making a few comments regarding the Trade Practices Amendment (Australian Consumer Law) Bill 2009 and I will continue those comments. Where no industry specific regulation exists, consideration of general protection such as that contained in this proposed legislation should be considered. However the potential costs, uncertainty and other consequences highlighted by the submission to the inquiry should be addressed. Consideration should be given to the introduction of safe harbour provisions along the lines suggested by Professor Zumbo. Sitting above issues surrounding the specific application of the proposed unfair contract provisions is the benefit that will flow from other aspects of the introduction of the Australian Consumer Law, notably including the greater access to remedies that can flow from low-cost, state based dispute resolution forums that will be able to hear cases based on remedies previously only able to be used in expensive court based actions. To some extent, this may offset the need for specific action on unfair contracts, as remedies previously not utilised for this purpose may become available through greater use and judicial development.

The coalition will move a number of amendments, foreshadowed by my colleague Senator Joyce, that will go a long way towards addressing many of the concerns I hold in respect of this bill. In particular, I welcome the move to delete the provisions providing for the reversal of the onus of proof and the strengthening of the threshold from ‘likely to cause detriment’ to ‘likely to cause significant disadvantage’. I commend the amendments to the Senate and look forward to the passage of an amendment bill that will deliver all the benefits of the proposed Australian Consumer Law regime without many of the costs and problems that can rightly be avoided. (Quorum formed)