Chris Bowen (Prospect, Australian Labor Party, Shadow Assistant Treasurer) Share this | Hansard source

The government’s method of handling the Trade Practices Legislation Amendment Bill (No. 1) 2007 in this instance shows why they are no longer fit to hold office in this nation. The Trade Practices Act is a very important piece of legislation and it has been broken for a very long time. We have been pointing out since 2003 that section 46 of the act is not working. We have pointed out that since the Boral case not one action under section 46 has commenced. In fact, the ACCC discontinued several cases under section 46 following the Boral case. The government has arrogantly ignored the concerns expressed by this side of the House, by small business, by the ACCC and by commentators across the board. Now, at five minutes to midnight, we see the mother of all backflips from this government, and the Treasurer and the Minister for Small Business and Tourism have not even bothered to come into the chamber and deal with it.

We have seen review after review of the Trade Practices Act. We have seen the Dawson committee. We saw the Senate inquiry in 2004. We have seen the Senate inquiry this year. The ACCC has been particularly vocal, and it made a particularly comprehensive submission to the Senate inquiry in 2004. Labor closely reviewed the evidence and moved six balanced, sensible and reasonable amendments in this House and in the other place, and the government rejected them.

Our amendments were crafted to strengthen the Trade Practices Act without undermining the competitive pressures that make our economy work. They were crafted to strike that sensible balance. And what does the government do? Firstly, it says that our amendments are unnecessary. Members will recall the minister for small business saying, ‘Your amendments aren’t necessary, because we’ve consulted with small business and they don’t want them.’ Minister Bailey, for obvious and understandable reasons, is not in the House today; she is too embarrassed to come in and deal with these amendments, because she said they were not necessary. She said, ‘No further amendments are necessary because we’ve consulted with small business.’

Then the minister for small business said to senators in the other place, ‘Please don’t refer this to a Senate committee, because this bill has been consulted on to within an inch of its life and no more changes are necessary.’ And, then, the government dropped their opposition to strengthening the Trade Practices Act. But do they adopt the position of the ACCC? No. Do they adopt the position of the Senate inquiry or the Dawson inquiry? No. Do they adopt Labor’s sensible and balanced amendments? No. Do they consult with the business community? Certainly not. I think there is a considerable amount of evidence relating to the concerns of the business community to suggest that that is not the case. Instead, they adopt an amendment written by Senator Joyce in the Birdsville pub. I have nothing against the Birdsville pub; I am sure it is a very fine establishment. I am sure it is a very nice place to be, but it is not particularly where I would prefer to see amendments to the Trade Practices Act written.

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