Nick Sherry (Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law) Share this | Hansard source

The assistance that would effectively be provided to business through use of the Federal Magistrates Court is that they can use findings of fact that have already been established by the commission. We have appointed a full-time Commissioner for Small Business, who will be involved in providing that level of support, findings of fact, to a business. That is the form of assistance that can be extended through use of the Federal Magistrates Court. That cannot be provided if the alternative is used, which is the Federal Court. So that is the area of assistance.

In respect of your amendment, you sought guidance. We cannot support your amendment because the purpose of the amendments we are currently considering is to provide better access—and we have discussed and debated that. Your amendment goes beyond the scope of the bill. Section 86 covers parts IVA, IVB, VA and others of the act. Returning to my earlier comments, the ACCC, we believe, is well-resourced as a regulator, particularly with the improvements we have made to it, and it ought to continue to bring matters in the Federal Court. Therefore, we would not support your amendment. Your second question I did not get—perhaps you could repeat it and I will cover it.