Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

Can the parliamentary secretary explain to the chamber how the re-establishment of a well-accepted test will lead to confusion? It is a test that was adopted in the United Kingdom 40 years ago and 30 years later, in 2004, it was adopted by the International Labour Organisation. Given that it was all settled, why would maintaining the settled provisions, the settled understanding, lead to confusion? It is, with great respect, the other way around—because we are having new tests imposed on us, there is this legal uncertainty. Whilst you are dealing with the issue, can I also comment that, given the very serious penalties that will be imposed by this legislation, it is a very important consideration to know whether somebody has the control, and therefore, if you like, the duty, before one starts making people liable for what will become very hefty penalties.