Nick Xenophon (SA, Independent) Share this | Hansard source

I will go back to Senator Sherry’s response—and I thank him—in relation to why the ACCC cannot bring an action in the Magistrates Court. Given that response I cannot support this amendment in its present form. Whether there is scope for the government to further consider its position, or whether they believe there are other ways of dealing with that concern, I am not sure, but I am concerned that the absence of allowing the ACCC to bring these cases for section 46 may well be counterproductive to what is being proposed. The other thing that needs to be said is in the context of party-party costs. As I understand it, awards with respect to a Magistrates Court matter would be lower than in the Federal Court, which would mean a higher solicitor-client gap for litigants, particularly small business litigants. So I do have concerns as to the consequences of this particular amendment in the absence of the ACCC being able to instigate such cases.