Guy Barnett (Tasmania, Liberal Party) Share this | Hansard source

It will. There are benefits specifically in regard to collective bargaining and to increasing the powers of the ACCC in terms of increasing the penalties that the ACCC can apply. I want to place on record my thanks to Senator George Brandis and the Senate Economics Legislation Committee, which produced the report last year, for the work that they undertook. It was very comprehensive indeed, and the government senators’ report has essentially been adopted by the government and now implemented at least in part. I want to acknowledge Senator Ron Boswell for his support and for his work with the small business organisations to get an outcome on this.

I want to specifically acknowledge the now strong support of the National Association of Retail Grocers of Australia, the Council of Small Business Organisations of Australia and the Fair Trading Coalition, together with the National Farmers Federation. Senator Barnaby Joyce indicated that NARGA’s board has changed. That is true. John Cummings is the chairman and Ken Henrick is the executive director. They have led that organisation in a very sensible fashion and are now acting in the best interests of their organisation and their members. Indeed, I want to congratulate and acknowledge Bob Stanton as president of COSBOA and Tony Steven as executive director of COSBOA for the cooperative, conciliatory and measured approach that they have taken to getting an outcome for small business. That is what has been delivered: a net benefit for small business.

I want to also put on the record, as I have stated publicly and previously, that I acted for 13 years for small business organisations both in Tasmania and nationally prior to entering the Senate, including for NARGA for some five years and COSBOA intermittently. That ended in a professional capacity when I entered the Senate in 2002. Nevertheless, I have continued my interest in, support of and advocacy for small business. Indeed, that will remain—I hope—for many years to come.

I want to note that the issue of misuse of market power and section 46 has been raised in the debate. Senator Brandis and indeed the government have already acknowledged that that will be put forward into the public arena in the very near future. Full consultations and discussions will be had with the various small business organisations with regard to that bill. I look forward to partaking in those discussions and getting feedback from the small business community.

Finally, with respect to Senator Joyce’s comments on the 40-day limit, I want to make it clear that the 40-day limit commences on the day that the ACCC receives a valid application, but the 40-day limit is also capable of extension at the request of the applicant. That is on the record. That is the advice that I have. If the ACCC has not made a determination on a merger clearance application 40 business days after the application is given to the ACCC, it is deemed to have refused to grant the clearance. I hope that clarifies the matter for Senator Joyce and perhaps others. I conclude by also saying thank you to the Treasurer and the Minister for Small Business and Tourism, Fran Bailey, for their perseverance and for their efforts to ensure that we have a good, positive net benefit outcome for small business.