Scott Ludlam (WA, Australian Greens) Share this | Hansard source

I will just indicate briefly that the Australian Greens, after careful consideration, will not be supporting Senator Xenophon’s amendment (19). It appears as drafted to introduce an obligation upon the ACCC to take action in the Federal Court if Telstra breaches functional separation undertakings or principles. It goes a step further than the way the system would function with regard to structural separation, where the ACCC may take action. My reading—unless Senator Xenophon wants to correct me—is that this amendment would actually compel the ACCC to go after Telstra in court, even in the event of a fairly minor or accidental breach of the undertaking. We would prefer that that power remain discretionary. We hope—as I think everybody said in here last night and has said over the last couple of days—that we do not wind up going down the functional separation path, but we think it is probably a bit tough and perhaps a bit heavy-handed to compel the ACCC to give Telstra a belting even in the event of a fairly minor or accidental breach.