Senate debates Questions without Notice

Trade Practices Act


Barnaby Joyce

Barnaby Joyce Queensland, National Party

2:37 pm

My question is to the Minister representing the Minister for Competition Policy and Consumer Affairs, Senator Sherry. Since the commencement on 25 September 2007 of section 461AA of the Trade Practices Act, also known as the Birdsville amendment, how many prosecutions has the ACCC undertaken under that section?

Nick Sherry

Nick Sherry Tasmania, Australian Labor Party, Assistant Treasurer

Thank you for the question. I do not have that information. I will take it on notice and come back to you.

Barnaby Joyce

Barnaby Joyce Queensland, National Party

Mr President, I ask a supplementary question. I believe the answer is zero. Bearing that in mind, is the minister aware of any internal ACCC directions to not pursue breaches of the Birdsville amendment?

Nick Sherry

Nick Sherry Tasmania, Australian Labor Party, Assistant Treasurer

Obviously no. I will take it on notice.

Barnaby Joyce

Barnaby Joyce Queensland, National Party

Mr President, I ask a further supplementary question. What steps are being taken to ensure that the ACCC is vigorously enforcing the Birdsville amendment—a piece of legislation that has come out of this parliament, a law of this land—to the fullest extent possible under the Trade Practices Act? And, if there are any other directions, who would have given them?

Nick Sherry

Nick Sherry Tasmania, Australian Labor Party, Assistant Treasurer

Given that my previous response to the question was no, very obviously the answer is no. I will take it on notice and I will happily come back to you with further information.