Barnaby Joyce (Queensland, National Party, Leader of The Nationals in the Senate) Share this | Hansard source

The Trade Practices Act 1974 says the onus is on the applicant to satisfy the commission or tribunal that the public benefit test is satisfied. It also says the applicant must demonstrate that there is a nexus between the proposed conduct and the claimed public benefit. So, quite evidently, in the act the onus is on the applicant to satisfy the commission. The onus, therefore, if this is equivalent, is obviously on Telstra and NBN Co. to prove to the ACCC the public benefit test so as to get the authorisation.