Peter McGauran (Gippsland, National Party, Deputy Leader of the House) Share this | Hansard source

If they have read the code, they have not understood it. The current refrain that this is not enforceable at law is a laughable notion. These are contracts that are mandatory. They are not voluntary; they are compulsory. Every wholesaler has to enter into a contract under the conditions of the code. If there is a dispute that arises then there is compulsory mediation. If the mediation fails then the Australian Competition and Consumer Commission enforce the contract against the code. There is no need to rush off to the magistrates court or the Federal Court, because it has the backing of the ACCC. So the charge made against us by both members repeatedly—that this is somehow a voluntary or non-compulsory, non-mandatory code—is an absurdity. Of course it has the force of law. That is why we have regulations in the parliament to amend the ACCC’s operations.

It is an absurdity, and I do not see how two members can take up the time of the parliament with such a falsehood. The basis of their understanding of this code is utterly flawed. It is enforceable under the law of the Australian Competition and Consumer Commission, and it is vitally important that the regulations for a mandatory code of conduct pass through the parliament quickly so as to provide a fair and efficient market for fresh fruit and vegetables. We want the code to start on 14 May. I agree: it has been too long in coming. But now it is here, it seems to be a tactic by the Independents to delay it further.

It created a great deal of division and difference of view within the supply chain in the fruit and vegetable industries. I tell you what: I had plenty of letters from small, medium and large growers opposed to a mandatory code of conduct. Of course we know the fresh markets conducted, and still are conducting, a vigorous and, at times, inaccurate, bordering on the dishonest, campaign against a mandatory code of conduct. So there is no uniformity of view on this. There might be a majority of growers in Mareeba who have a set code of conduct in mind, but across the nation there is a divergence of opinion. But I am confident there is a clear majority of growers who support the government’s mandatory code of conduct.

Now let us deal with the second falsehood being perpetrated by the Independents, which is that somehow this is a breach of an election commitment. Let me read, for the honourable members, the government’s election commitment that was contained in the agricultural policy titled ‘Investing in our farming future’, released on 23 September 2004:

… a re-elected Coalition Government, as a last resort, will put in place a new mandatory Code of Conduct specifically tailored for the grower/markets sector of the horticulture supply chain.

In every one of the press releases—

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