Debate resumed from 11 September, on motion by Senator Coonan:

That this bill be now read a second time.

upon which Senator Stephens moved by way of amendment:

At the end of the motion, add “but the Senate:

(a)

notes that:

(i)

the Economics References Committee handed down its report, The effectiveness of the Trade Practices Act 1974 in protecting small business, in March 2004, and the Government responded in June 2004 and yet the Government is only now introducing its legislative response,

(ii)

this failure to act represents a disregard for the importance of promoting competition by preventing anti-competitive behaviour directed against small business and consumers, and

(iii)

this bill fails to introduce gaol terms for serious cartel operations, despite the Dawson Review recommending this in 2003 and the Government accepting this recommendation in 2005 and despite the Australian Competition and Consumer Commission (ACCC) consistently calling for such penalties to be introduced;