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

I move amendment (18) on revised sheet 7005 standing in my name:

(18)  Schedule 1, item 31, page 59 (after line 21), after subclause 75(4), insert:

     (4A)    Before making or varying a functional separation requirements determination, the Minister must:

             (a)    cause to be published on the Department’s website a notice:

                   (i)    setting out the determination or variation; and

                  (ii)    inviting persons to make submissions to the Minister about the determination or variation within 14 days after the notice is published; and

             (b)    give the ACCC a copy of the notice; and

             (c)    consider any submissions received within the 14-day period mentioned in paragraph (a); and

             (d)    ask the ACCC to give advice to the Minister, within 28 days after the publication of the notice, about the determination or variation; and

             (e)    have regard to any advice given by the ACCC.

      (4B)    Subclause (4A) does not, by implication, prevent the Minister from asking the ACCC to give the Minister additional advice about a matter arising under this clause.

I have withdrawn amendment (17), but I am persisting with amendment (18). This amendment requires that, before the minister makes the functional separation requirements determination, the minister must publish the draft determination on the department’s website and call for submissions to be made within 14 days. Again, it is similar to other amendments—it is about greater transparency; it is about the process of allowing for input to the determination.