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Monday, 9 December 2002
Page: 7372


Senator ALSTON (Minister for Communications, Information Technology and the Arts) (1:20 PM) —I think the position is that we fully understand the importance of the players and all of the stakeholders having their views properly considered but, at the end of the day, we think it is more appropriate that the ACCC makes that decision rather than government. So, if the public inquiry provides that opportunity, we do not think it is appropriate for the government to come in over the top of the ACCC and contradict it, in effect. The government would always have the ability to legislate a different position, but that is not what we think is the best approach here. We prefer the Democrats' amendments, which require the public hearing and then provide the basis on which the ACCC can make a decision about an extension of the declaration, rather than the government itself doing that. At the end of the day, you can always appeal everything, but these are considered judgments that have to be made, and we think that the ACCC is in a better position to do that and have its objectivity unquestioned. If it is done by the government, then often it is seen to be for someone's benefit or not for someone else's benefit. We would rather take that tension out of the system wherever possible.

Question agreed to.