Page 585 - Week 02 - Thursday, 21 February 1991
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I ask: What is the definition of the word "person" within that definition?
Mr Jensen: A natural person.
MR STEVENSON: Mr Jensen says that it is a natural person. I do not see a definition of "natural person" within the interpretation clause, and I do not recall seeing it within the Bill.
The definition of "trade premises" says:
"trade premises", in relation to a supplier, means premises that constitute an established place of business of the supplier, or an agent of the supplier.
I ask the Attorney-General to define for us the words "established place of business". It is a very important point. First of all, under "supplier", we would need to know whether or not it includes distributors, franchise holders, staff, companies, and all various other partnerships or business entities. If so, is "person" to be defined along with company or staff. If that is the case, where is that definition given in this Bill?
The Bill refers to "established place of business". Once again, there is no definition of an established place of business within this legislation. This is a vital situation. What if someone is visiting someone else's established place of business?
Mr Connolly: We are all interested and are paying attention.
MR STEVENSON: The person I am most concerned about paying attention at the moment is Mr Collaery, because I truly would like answers to those questions. Nowhere within this Bill could I find those matters defined. If they are not defined, then there are serious problems that are going to be caused by it - problems which I believe have possibly not been addressed.
When introducing this legislation, Mr Collaery said:
The Bill achieves this through certain key provisions: requiring door-to-door traders to provide plain English statements of the terms of contracts ...
Once again, it is most important that the terms that I raised are explained. If Mr Collaery would be good enough to take these three questions on board and answer them, then I will not have to go into detail on each one. I can do so if I need to; but if the Attorney-General is prepared to look at those individual points, perhaps that would suffice. I can then raise the matter later. I ask Mr Collaery whether he would be good enough to take on board
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