Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Hansard source

I would like to start by noting Senator Xenophon's been nothing if not consistent on this over a long period of time. The Australian Greens would certainly like to continue the conversation on this with Senator Xenophon. The proposal in the amendment, which allows courts to make divestiture orders and enables courts to break up serious or repeat big business offenders, is an appealing one. I know the Harper Review didn't recommend it and instead suggested the power reside with parliament, but I would like to note that this is a very significant change in what's being proposed here tonight, and that warrants careful and stand-alone consideration, not just being a rider to this bill. This chance to change competition law, which we've got in front of us—on section 46—is critically important. Senator Xenophon, I've done a little bit of reading on the trust-busting legislation in the US. It's not used as often as people perhaps think it is, but nevertheless it's certainly something that interests me, and I would say to you tonight we will keep an open mind on it if it can be brought to this place with separate legislation.

As it is before us tonight, I'm not going to mince my words. If supporting this risks the other legislation going down—and the government said clearly tonight that they won't support it—then we won't be in a position to support this tonight. We would recommend that you bring this back to the Senate in the form of a private member's bill, and we'll give it due consideration.