Senate debates

Thursday, 20 August 2015

Questions without Notice

Australian Competition and Consumer Commission

2:41 pm

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

My question is to the Minister representing the Minister for Small Business, Senator Cormann. Minister, the recently completed Harper review into competition policy found that Australian laws are deficient and do not adequately distinguish between fair competition and unfair competition within the marketplace. The Harper review recommended that the government amend section 46 of the Competition and Consumer Act 2010 to introduce an effects test in relation to the misuse of market power that would better empower the Australian Competition and Consumer Commission to prevent anticompetitive behaviour, especially against such allegations made against the supermarket duopoly. Can the minister update the Senate on when his cabinet will bring this legislation to parliament so that we can pass this into law?

2:42 pm

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Minister for Finance) Share this | | Hansard source

The government is committed to implementing our long-term plan for stronger growth and more jobs. As part of that plan we are pursuing one of the most ambitious reform agendas for our competition laws for a very long time. We have initiated the Harper review, which did a very good job and which will deliver benefits for the economy, for business and for consumers across Australia. This is a very important piece of work. This is a piece of work that we are very carefully considering to ensure that we make all the right decisions in the national interest. You would not expect me to give you here today the exact timetable of something that has not been finalised. When the government is in a position to make announcements about our way forward in response to the recommendations of the Harper review we will do so.

2:43 pm

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

Mr President, I ask a supplementary question. Minister, I note recent media comments by the Minister for Small Business, Bruce Billson, that there is a strong case for change and that he is drawing up plans for an effects test because it is 'in the national interest' and because anticompetitive conduct is 'detrimental to our economy'. Do the minister and other members of the cabinet agree with these sentiments?

2:44 pm

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Minister for Finance) Share this | | Hansard source

What the government agrees with is that we should do everything we can to put Australia on a stronger economic foundation for the future, that we should do everything we can to strengthen growth and create more jobs. As part of that, we are committed to comprehensive reform of our competition laws. You are asking a question about a specific aspect of that. That is still subject to very careful consideration by the government to ensure that we make the right decision about the best way forward. As I have indicated in my primary answer, when the government is in a position to make an announcement we will do so.

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

Mr President, I ask a further supplementary question. Given that stakeholders such as the Council of Small Business of Australia—COSBOA—the Master Grocers Association, Metcash and the National Farmers' Federation all support the introduction of an effects test, and given that the Greens support the introduction of an effective effects test, can the government outline any impediments, political or otherwise, to the introduction of an effects test?

2:45 pm

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Minister for Finance) Share this | | Hansard source

Let me say right up front that this government is the best friend that small business has ever had. Let me also say that this is the government which delivered small business tax cuts, which the previous government kept talking about and promising but which, of course, were never delivered. This government is working to strengthen growth. This government is working to ensure that significant mining and infrastructure projects can proceed, because we understand the beneficial flow-on impacts for small business from a more strongly growing economy. Small business across Australia understands that the worst friend of small business—

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Pause the clock. A point of order, Senator Whish-Wilson?

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

Mr President, I raise a point of order in relation to relevance. I did specifically ask—and I know that you listen to the questions carefully—what the impediments were, political or otherwise, to the implementation of an effects test.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

I will remind the minister of the question. He has 17 seconds in which to answer.

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Minister for Finance) Share this | | Hansard source

I think if you look closely at the question you will see that the good senator was asserting some level of support by the Greens for small business. Small business across Australia knows that the Greens are the worst enemy of small business, because the Greens are antigrowth, antijobs— (Time expired)