Ron Boswell (Queensland, National Party) Share this | Hansard source

NARGA, the National Association of Retail Grocers of Australia expressed reservations about this bill in the previous debate, Senator Conroy, but they are now behind it too. Their release this week states:

NARGA and other small business organisations have agreed that no benefit would derive from further blocking of the Trade Practices Legislation Amendment Bill.

It went on to state:

Now that the major small business organisations have agreed on a way forward, we are hopeful that the Dawson bill will receive support in the Senate.

The NFF have also consistently expressed their support for the changes that we are today proposing go ahead. That includes the dairy industry and the fruit and vegetable industry. They all want this bill to be passed.

COSBOA, another major peak body of small businesses, said yesterday in their release that they welcomed the Treasurer’s changes to include the ACCC in the proposed new formal process for the merger and acquisition approvals. They said:

COSBOA looks forward to the bill being passed as soon as possible to ensure the benefits of the collective bargaining notification process can be used and further negotiations on the second bill can begin.

I share COSBOA’s zeal for negotiations on the second bill, and I can assure people that that is going to happen. That can go ahead when this bill is passed. I will be working closely with all the small business organisations on section 46. Senator Brandis and I both agree that section 46 needs tightening. It is very important that it is tidied up.

This bill clearly has the support of small business—and that of all coalition members in the Senate, I believe, though maybe Senator Joyce has other ideas. Under this bill the mergers test in section 50 remains safe. The principle of law remains that a merger clearance should not be given if the merger is likely to lessen competition in a substantial market. Former Labor Senator Schacht and I managed to put this strong merger test in place to replace the old monopoly test. It is one of my proudest achievements in the Senate, and I am pleased that the test will remain secure under the coalition government.

I want to see this bill pass. Its passage will enable collective bargaining provisions to come into play and will clear the air so that I, along with my Nationals colleagues and business representatives from all sectors, can move on and return our focus to the really big issue, which is the strengthening of section 46 of the Trade Practices Act, which deals with the misuse of market power, predatory pricing and other unfair practices, and section 51, on unconscionable conduct. I seek leave to table the rest of my speech. (Time expired)

Leave not granted.