Comments on: Consumer Bill’s bonkers bit http://www.cspcentral.com.au/2009/06/consumer-bills-bonkers-bit/ Australia's ISP and Telco Legal Site Fri, 03 Feb 2012 06:16:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Mark http://www.cspcentral.com.au/2009/06/consumer-bills-bonkers-bit/#comment-206 Mark Tue, 30 Jun 2009 09:55:36 +0000 http://cspcentral.com.au/?p=2581#comment-206 I can see your issue here, but it is a draft law after all. You're right about the 'transparency check' only needing to be moved into the definition, or being taken out. Your analogies just make it less clear. As I see it, the issue is that a judge, having decided something based on the definition given, then needs to decide again due to extra directions. The best solution: Add a (c) to the meaning of 'unfair', which sound be something along the lines of understanding of the term be all parties, like contract law. I can see your issue here, but it is a draft law after all. You’re right about the ‘transparency check’ only needing to be moved into the definition, or being taken out.

Your analogies just make it less clear. As I see it, the issue is that a judge, having decided something based on the definition given, then needs to decide again due to extra directions.

The best solution:
Add a (c) to the meaning of ‘unfair’, which sound be something along the lines of understanding of the term be all parties, like contract law.

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