Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

My question is to Senator Brandis, the Minister representing the Prime Minister. I refer to the Turnbull government's backflip to support an effects test. I also refer to a report in The Australian Financial Review last year, which stated that 'Cabinet heavy-hitters oppose the policy, including Senator Brandis, Senator Cormann, Mr Turnbull and Ms Bishop.' Do these so-called cabinet heavy-hitters now support an effects test?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Senator Wong, I am very proud to have been part of a cabinet that subjected the Competition and Consumer Act and in particular section 46 of the Competition and Consumer Act to the most searching and thoroughgoing discussion of that provision that any Australian government has ever undertaken.

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

How can you be in the same room as Malcolm?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I will take your interjection, Senator Conroy. As you may be aware, section 46 of what was the Trade Practices Act—now the Competition and Consumer Act—is something about which I have been engaged in discussion for the best part of a quarter of a century, and I am bound to say, Senator Conroy, that I have never seen a better discussion of the important policy issues raised as in the discussion we had in cabinet. The Prime Minister was asked about this yesterday in his press conference, and he said:

Let me say that we do have lots of lawyers in the cabinet and all I can tell you without breaching cabinet secrecy is that the discussion was extremely erudite and I was very proud to be the leader of such a fine and thoughtful and well-schooled group of men and women.

And we have landed in the right place because, unlike the Australian Labor Party, who finds it incapable even to think about reforming section 46 of the Competition and Consumer Act, the cabinet adopted a recommendation by Professor Harper, one of the acknowledged experts in the field; endorsed by Professor Allan Fels, a former chair of the Australian Competition and Consumer Commission; endorsed by the current chairman of the Australian Competition and Consumer Commission, Mr Sims; and endorsed by Professor Miller, one of the acknowledged academic specialists in the field, which rebalances section 46 to protect the legitimate interests of consumers and business and protects the competitive process.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Does the Prime Minister agree with Liberal MP Mr Craig Kelly, who says that:

It is not an effects test; its effect is to substantially lessen competition. It is not what you think it is it; it is a Trojan Horse.

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I am not familiar with Mr Kelly's views but, if the views that you ascribe to him are indeed his views, I do not agree with him.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Can the Minister representing the Prime Minister advise the Senate when Mr Turnbull decided that Senator Canavan and the National Party could run the government's economic agenda?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

My colleague Senator Matt Canavan and my colleague Mr Barnaby Joyce have a great deal more experience of the real economy and the real world than any individual we see before us in the Australian Labor Party; as does Mr Bruce Billson who, in his former ministerial capacity, first brought this submission to cabinet; as does Mr Scott Morrison, the Treasurer; and as does Ms Kelly O'Dwyer, who joined with Mr Morrison in bringing this submission to cabinet.

You see, Mr President, unlike the benighted ranks of the Australian Labor Party, entirely recruited from trade union officials, we have a variety of people in our cabinet and in our party room with real-world experience. They are people who have actually run businesses, unlike any single individual we see before us. They are people who have actually run small businesses. They are people who have actually participated in the real economy.

Stephen Parry (President) Share this | Link to this | Hansard source

Pause the clock. Order, Attorney-General. A point of order, Senator Sterle?

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

On a point of order, Mr President: the minister is misleading the Senate. I ran my own small business for 12 years.

Stephen Parry (President) Share this | Link to this | Hansard source

There is no point of order. That is a debating point. Resume your seat, Senator Sterle.

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

So we have a variety of people in our cabinet with a variety of life experience in the real economy, and they are all the proud authors of this decision. (Time expired)