Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Hansard source

The coalition will be supporting the Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Bill 2024. This bill is a one-schedule amendment to the Australian Consumer Law. It establishes a new designated complaints function by empowering the relevant minister to appoint entities as designated complainants, granting them the power to progress complaints directly to the Australian Competition and Consumer Commission and receive a response within 90 days. When deciding whether to approve an applicant as a designated complainant, the minister must consider a number of things: firstly, their experience and ability in representing the interests of consumers and small businesses or both in Australia in relation to a range of market issues affecting them; and secondly, the extent to which the applicant will act with integrity as a complainant. I note that the coalition will be watching very closely who the minister approves in these situations. This provision must not be used as an opportunity to reward Labor Party friends or the Albanese government's union paymasters.

If the ACCC is satisfied that a designated complainant relates to a significant or systemic market issue that affects consumers or small businesses in Australia or both and relates either to a potential breach of the act or to one or more of the ACCC's functions or powers, the ACCC may notify a designated complaint that they will act by issuing a 'further action' notice. If the ACCC is not satisfied, it must issue a 'no further action' notice. The ACCC may also issue a 'no further action' notice in other specific circumstances. Where the ACCC decides to act on a designated complainant, it must use best endeavours to commence that action as soon as practicable and within a maximum time frame of six months. Any response delivered by the ACCC must be based on the existing powers of the ACCC and functions under the act, including education, research and compliance and enforcement functions.

I now turn to what this bill does not do. This bill does not reverse the damage the Albanese government has done through its poor economic decisions since it was elected in May 2022. This bill does not promote a back-to-basics economic agenda, which would be the best way to give consumers and small businesses the best and fairest opportunities. A back-to-basics approach means knowing where government has a role to play and where it doesn't; making sure that your competition policy is right, instead of prioritising crony capitalism, as Labor has done; ending waste, rather than spending $40 million worth of taxpayer dollars on a spin unit to sell a broken promise; and sensible and flexible industrial relations laws that support hardworking Australians, not putting union officials back in charge.

The coalition believes that giving people opportunities to get ahead and realise their aspirations will in turn create opportunities for others, including jobs and investment across the Australian economy. Those opposite will want to continue to divide along class lines, fuelling the politics of envy. Instead, the coalition will continue to support aspiration, opportunity and prosperity for all Australians. We have a proven record of driving strong competition policy and supporting small businesses. The former coalition government delivered competition reforms, including the default market offer, establishing the food and grocery code of conduct, legislating to address energy market misconduct and establishing the payment times reporting framework. We also delivered significant backing for Australia's 3.7 million small and medium businesses. This included reducing the small business company tax rate, extending the instant asset write-off and establishing the Australian Small Business and Family Enterprise Ombudsman. As the next election approaches, the coalition will go to the polls with more strong and effective competition policy aimed at delivering better consumer outcomes and boosting productivity in our economy, because the coalition believes that competition policy in this country should support small business owners and empower consumers, not empower lobbyists and big corporations.

The coalition has circulated an amendment standing in my name, to be deliberated on in the committee stage of this bill, which seeks to require an independent review to be conducted after the passage of this bill and after a two-year operation of the actual scheme. That suggestion is to be found in the submissions and contributions of the many stakeholders that made a contribution to the committee inquiry on this bill. We trust that it is uncontentious and will enjoy the support of the government and other crossbench senators when we get to it tomorrow afternoon.