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

I understand that the exposure draft legislation included business-to-business contracts, but the government took a policy decision to exclude those contracts based on the potential adverse impact they would have on small business. For businesses and their commercial dealings, a general notion of unfairness that is subject to interpretation by the courts may have the effect of increasing risks and costs faced by business, particularly by small business. It was felt that this would undermine the position of small business. The government believes that specific instances of unfairness in business-to-business contracts is best dealt with by the unconscionable conduct provisions of the Trade Practices Act, which we have agreed to strengthen. So I think your confusion is that in the exposure draft they were included and in the final legislation they were not.