Page 1788 - Week 07 - Tuesday, 18 August 1992
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MR BERRY (Minister for Health, Minister for Industrial Relations and Minister for Sport) (9.09): During the debate I heard Mr Humphries interject, "You can sue for damages". That is the sort of argument that we have heard from conservatives over the years - throw it back in the courts where only the rich can pursue it.
Mr Humphries: What are you going to do with this? You are going to put it in the courts as well. The penalty is $5,000 or six months in gaol. You are still in the courts.
Mr Connolly: The state prosecutes, not the consumer.
MR BERRY: The state will prosecute.
Mr Humphries: Where? In a football stadium? At a local pub? They will go to the courts.
Mr Connolly: In the courts, but at no cost to the consumer.
MADAM SPEAKER: Order, please! Mr Berry has the floor.
MR BERRY: The Tories often argue that it should be subject to legal challenge, and that is why Mr Humphries interjects, "You should sue for damages". A lawyer-led recovery might ensue, but it would not have too many working-class people trying to pursue a legal course through the courts.
Under the proposal which has been put forward by the Labor Party, the consumers' rights will be pursued by the state. That is what this legislation is about. We are setting out to ensure that the consumers' demands are met, not the shopkeepers'.
Mrs Carnell: "I do not care. No, we do not care about them".
Mr Humphries: "No, it does not matter about them. They are little capitalists. Get them".
MR BERRY: They are protected by this legislation as well, because it levels the playing field.
Mr Connolly: They do not like this one.
MR BERRY: They do not like this one. It levels the playing field so that unscrupulous vendors cannot exploit the market, because they will be covered by this law which will be pursued by the Territory. You should understand that.
In relation to the matter of principle, it is clear that the Liberals intend to impose what has been correctly described by my colleague Mr Connolly as a subjective remedy in this legislation, which would lead to many pages of transcript of court proceedings in deciding what is or what is not to the prejudice of the purchaser.
Mr Humphries: Use Victorian precedents.
MR BERRY: Mr Humphries says, "What about Victoria?". I am glad he raised that again, because I say, "What about New South Wales, just across the border?". They adopted the same approach as we are trying to adopt.
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