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

I need to apologise and to clarify this amendment, with this swathe of amendments. In terms of functional separation, in the event that an undertaking has not been enforced then the requirement is to go to the Federal Court rather than a publication of reasons. The issue of publication of reasons was another matter. Here it is quite clear from the wording that the court needs to consider it. I note that the government is not likely to support this, but I think it is important to flag this amendment and to raise it. Could the government explain on what basis it considers that it will be satisfied if there is not enforcement—what mechanisms are there to ensure that if there is an apparent breach some action is taken?