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

I move amendment (22) on sheet 7005 revised:

(22)  Schedule 1, item 160, page 143 (after line 25), after section 152BEA, insert:

        (1)    The Commission is to maintain a register, to be known as the Register of Access Agreements, in which the Commission must include all access agreements given to the Commission under section 152BEA.

        (2)    The Register is to be maintained by electronic means.

        (3)    The Register is to be made available for inspection on the Commission’s website.

        (4)    The Register is not a legislative instrument.

        (5)    If the Commission is satisfied that:

             (a)    publication of a particular provision of an access agreement could reasonably be expected to prejudice substantially the commercial interests of a person; and

             (b)    the prejudice outweighs the public interest in the publication of the provision;

the Commission may remove the provision from the version of the agreement that is included in the Register.

        (6)    If the Commission does so, the Commission must include in the Register an annotation to that effect.

This amendment relates to a register of access agreements. This requires the ACCC to have available on its website the access agreements between access seekers, carriers and carriage service providers given to the commission. It also includes a provision whereby the ACCC will have regard to commercial interests and will remove that portion annotated to that effect. I understand issues of commercial-in-confidence, but I think it is important that access agreements be up there on the website, that they be transparent and that people are able to compare apples with apples, in a sense, in access agreements. If there is preferential treatment in access agreements, it is there for all to see. An independent analysis can take the place of that. That is what this amendment is about. I may be alone on this amendment, as I have been with others, but I still think the principle is an important one and it ought to be pursued.