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

I am grateful for the minister's candour! I still do not pretend, even though I still have a practising certificate—for my sins, I still do enough pro bono work around the place on issues. But I would have thought that, administratively, as a matter of law, it does mean judicial review, administrative law review, review by the Ombudsman, is much more problematic because of this wording, and the fact that the department or the minister's advisers cannot refer to any benchmark in terms of 'desirable to do so' indicates that we are perhaps in uncharted waters.

I feel very concerned about what is being proposed. I also just wanted to get some clarification from the shadow minister as to whether this is a particular section that the opposition will be opposing in the context of this.

I will be seeking a division on this. I do not think we should be going down this path.

I do not have more time but I think there is an argument that this would make it more difficult, for complaints in respect of online gambling and other issues where ACMA has jurisdiction, for there to be action. The online casino operators of Gibraltar and the Bahamas or Costa Rica or wherever will be very happy with this amendment, because it will mean less chance of ACMA being involved to protect consumers from abuses.