Stephen Jones (Whitlam, Australian Labor Party, Shadow Assistant Treasurer) Share this | Hansard source

But there is an understanding between both sides that we're attempting to deal with non-controversial legislation in an expeditious way, so I'll just address my comments very briefly to schedule 2. Before doing that, I thank the member for Fenner for his contribution, and I'd like the House to note that I'm speaking in favour of his amendment.

Schedule 2 to the bill moves the responsibility for making rules about the consumer data right from the Australian Competition and Consumer Commission to the Treasurer, through the Treasury. Labor strongly supports the consumer data right—the capacity for consumers to have more control over their data and to use that data and have that data facilitate the transfer of their business between one institution and another. The rollout of open data, as it is known in other countries and in this country, has started with banking and in the finance sector. I probably would have started with telecommunications, as they're much more advanced in this area than banking and finance. Be that as it may, it's an objective and a scheme that we support.

We won't be opposing the bill and we won't be opposing this measure contained within a bill that overall is very worthy. But I do have deep concerns—Labor has deep concerns—about this particular measure and deep concerns that this continues a practice under this government of moving more and more of the details outside of substantive legislation and into delegated legislation and, in this case, taking that one step further by removing it from the parliament, which has previously delegated it to an independent authority that is expert in the issues of competition and consumer issues—actually, expert in issues concerning consumer data rights, having conducted a thorough review of digital platforms and digital industries. It seems to us passing strange that, against this background, the government would remove responsibility for rule-making in relation to the consumer data right from an agency that has expertise in consumer affairs and an agency that has expertise in data, data rights and data issues and into the Treasurer's department.

There's only one conclusion you can draw from that, and that is that they are unhappy with the advice and the rule-making practices that were going on within the ACCC. We have concerns about this. We'll be watching it very closely indeed—not enough to make us hold up or amend the bill, but it is something that warrants the close scrutiny of this parliament and its organs over the months ahead. With those comments, I commend the amendment moved by the member for Fenner to the House.

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