Senator ALSTON (Minister for Communications and the Arts)(11.02 a.m.) —by leave—I move:

(50)   Clause 115, page 111 (after line 11), after paragraph (h), insert:

      (ha)   the ACA is satisfied that at least one body or association that represents the interests of consumers has been consulted about the development of the code; and

(61)   Page 121 (after line 17), at the end of Division 5, add:

131A Consultation with consumer body

   (1)   Before determining or varying an industry standard, the ACA must consult at least one body or association that represents the interests of consumers.

   (2)   Before revoking an industry standard under subsection 128(1), the ACA must consult at least one body or association that represents the interests of consumers.

Clause 115 sets out the matters that the ACA needs to be satisfied with before it registers a code. Paragraph (g) requires the ACCC not to object to the code. This is inconsistent with the role of the ACCC in other areas, including industry standards, and with the roles of the TIO and the Privacy Commissioner. The ACCC has effective powers under the Trade Practices Act to address any anti-competitive concerns it may have.

The Australian Democrats' minority report recommended that there be a requirement for consumers to be involved in the development of codes. Amendment No. 50 achieves this by inserting a new subclause. Government amendment No. 61 amends clause 131A which provides that, before determining, varying or revoking an industry standard, the ACA must consult at least one body or association that represents the interests of consumers. This provision is intended to ensure that consumer representatives are involved in the earliest stages of standard development.

Senator Schacht —Which recommendation in the committee's report did your amendments come from?

Senator ALSTON —Recommendation 1 on page 165 of the Democrats' report. Mr Tem porary Chairman, is it convenient for me to, at the same time, comment on the Greens' amendments?

The TEMPORARY CHAIRMAN —I think maybe the Greens should move their amendments.