Senate debates

Monday, 14 September 2015

Bills

Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015; In Committee

12:25 pm

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

I will be very quick. I appreciate what the minister has said, but I also think that the points made by Senators Day and Whish-Wilson are very valid. If we are going to do this, let's do it properly. If the stumbling block is that it has to go back to COAG, then at the very least we ought to get a commitment from the government in respect of these amendments, if either of them is passed. I think it is important that the Commonwealth shows great leadership on this; it should pick up the points made by Senator Whish-Wilson and Day to improve the legislation, to have greater coverage and to give greater certainty to small businesses, which after all are a significant driver of economic growth and jobs growth in this country.

My position is this: I will support the amendments of both Senator Day and Senator Whish-Wilson, if they are so moved. It depends on what the opposition will do in respect of that. I understand that, if the opposition supports them, then it is inevitable that they will get through. I hope that can be used as a responsible lever to try to get at the very least a concession from the government that it will use its leadership role in COAG to put this on the agenda to expand the thresholds sooner rather than later to reflect the concerns of Senators Day and Whish-Wilson. That is my position. I hope that these amendments are passed. If we do not pass these amendments we will lose the opportunity in respect of that. Whilst I welcome the coalition's commitment to agree to a Senate inquiry, all that will achieve is to look at those changes and it will not oblige the government to go down that path. It is important that we use this opportunity to reflect the concerns on the thresholds from across the spectrum. I will support the increased thresholds if these amendments are put by either or both Senators Day and Whish-Wilson and then the government needs to make a decision whether to make an unambiguous, unequivocal statement that at the end of the day if these amendments are not accepted it will do what it can to put this on the agenda for COAG.

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