Barnaby Joyce (Queensland, National Party) Share this | Hansard source

There are two key issues here. Obviously I do not have the advantage of having three advisers, so I am doing this from memory—and on a technical amendment you must give me some latitude. Under the TPA, part VIIA monitoring powers as directed by the minister are far greater than those the ACCC has. The powers he has under section 155 are greater. This does not mean that it is going to happen; it means that the minister has the discretion to make it happen if they so choose. I think the minister should trust himself on this one—that if he is required to use them then he will, and if he does not require them then he will not. It would be good for the Senate to pass an amendment to give the minister these powers. If we have a concern that we may have an overcentralisation of the market, that there may be an oligopoly type arrangement, then surely we should have the ability to give the minister the power of review. This is a funny circumstance because it is actually the Senate trying to hand greater powers to the minister: a power of review. The trouble with the ACCC is that it cannot really go on fishing expeditions. It cannot just go wandering off in the vain hope that it might find something. But this amendment would mean that, on the direction of the minister, they would have far greater powers in what they can ascertain and what they can catch in their net.

The purpose of this amendment is to deal with a market that is absolutely vital to the overheads of every Australian and the freedom of every Australian—that is, fuel—and to acknowledge the power that petroleum products have in our market. In acknowledging what a vital component petroleum products are in the running of our economy, we should have a greater power of review in that area and a greater power of monitoring. If the minister of the day at some future time decides not to exercise it, so be it. But they have the discretion; it is there.

I hope we get some support for this amendment. There is a difference in powers to what is there currently. It increases them and puts them at the discretion of the minister. I am not quite sure whether the National Party had their fingers over the other ones—it sounds awfully like they did. It is maybe with a sense of nostalgia that we dig up section 95A again and bring it into the 21st century. I am glad that the committee is now aware of this section. It was brought up in the inquiries—it did not descend on me like a dove—that wanting greater powers under part VIIA was one of the issues. The ministerial direction powers are what a lot of people had been asking for during fuel inquiries. This is the only section of the Trade Practices Act where we could deliver that.

I asked the committee to strongly consider this. I appreciate the motives that have been put up already. I hope that we trust ourselves to have the ability to deal with a minor increase in power under section 95A. I hope that we trust ourselves to use it with responsibility, which I am sure the government will. I am sure the government intends to be responsible in its discretion on the use of this power. I hope it gives itself the responsibility to have that.