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

Chair, I have some amendments, and I will get your guidance as to how they are to be dealt with. I think I'm the first on the circulated amendments sheet. I'm happy to deal with those as you wish. I won't be proceeding with some amendments, so I will be guided by you as to whether it's appropriate that I firstly withdraw a particular amendment that's on the running sheet. In respect of amendment (1)—and I'm not sure if there's an amended sheet to that effect, but I will be guided by you as to whether it's appropriate that the amendments are dealt with at this point in time, given the running sheet in respect of the bill.

The CHAIR: Senator Xenophon, are you indicating that you don't want to move (1) because (2) is linked to it?

Yes, that's right. So, in terms of sheet 8139, I seek leave for what is referred to in item 1A to be withdrawn, but I seek leave still to proceed with item 1B, which is the amendment after section 80C.

Leave granted.

The CHAIR: Senator Xenophon has removed item 1A. Senator Xenophon, are you now seeking to move item 1B and amendment (2) together, on sheet 8139?

No, because—and I apologise, Chair—

The CHAIR: That's OK.

I can explain this: in relation to subsection 2, that relates to 51(3) after the amendments to do with item 1A. I only want to move the amendment on the original sheet that is headed '1B After section 80AC,' which starts off with 'Insert: 80AD Divestiture where contravention of section 46' down to subclause 6. The amendment (2) on the original sheet relates directly to the amendment that I do not wish to proceed with. So, it only deals with the issue—sorry, Chair, I understand there is a fresh amendment and I apologise—

The CHAIR: Okay, Senator Xenophon: you're amending section 1 and seeking to move that?

It's on sheet 8139, revised and hot off the presses. While that is being circulated, can I just indicate that the reason I'm not proceeding with that earlier amendment is that it was drafted at a time when there was a damage-to-competitors clause considered by the Harper review. It's no longer necessary, particularly with the rewording of the legislation—

The CHAIR: Senator Xenophon, with regard to your voice, you've sought leave on that and leave was granted so I think it's understood. So it's probably best if you save your voice for the things you really want to move!

Thank you. I thank Senator Whish-Wilson for the Strepsil. I'm not sure which Strepsil it is, but I won't consume it until I've sat down. I move:

Amendment No. (1) on sheet 8139 revised.

It relates to divestiture, and that includes a whole range of provisions in terms of adverse cost orders, assistance where there may be—sorry, let's just stick with divesture. I will deal with adverse costs shortly because—

The CHAIR: What you are seeking to do is to move No. (1) on sheet 8139 as revised?

That's right. It relates, as I indicated in my second reading contribution, to the issue of divestiture powers.