Fran Bailey (McEwen, Liberal Party, Minister for Small Business and Tourism) Share this | Hansard source

I do not think anyone in this building would regard the Trade Practices Act as a simple or straightforward document. It is the best that we have to work with. The government genuinely believe that we have got the balance right. But let me just say that the amendments that the ALP have moved, the government believe, would extend the scope of ‘take advantage’ to an undesirable level.

We also believe that these amendments give insufficient guidance to courts as to what is meant by engaging in conduct in reliance on market power, conduct that would be likely to be engaged in if the corporation lacks substantial market power and conduct that is otherwise related to the corporation’s substantial market power. These amendments moved by the member for Prospect do not ensure a sufficient causal connection between the conduct and the substantial market power. If there is no sufficient connection between the conduct and the substantial market power, section 46 could outlaw or discourage beneficial pro-competitive conduct to the detriment of consumers. Again I say to the member for Prospect and the member for Rankin: even if I gave you the greatest benefit of the doubt, your amendment will not deliver the benefits that you are claiming it will for small business.

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