Senator SHERRY (Minister for Superannuation and Corporate Law) (1:52 PM) —Your understanding is correct: the ACCC cannot currently do that. I understand you are proposing to allow it to access the Federal Magistrates Court—that is a consequence of your amendment. We cannot accept it. It has a range of consequences as to who else could be represented in the Magistrates Court because of the status of the ACCC there. There would be others who may need to be given status. That is why we will not support your amendment. There are some issues to consider about who would be permitted representation. We do not want to turn the Magistrates Court into the Federal Court.

Senator Brandis —That is what you are doing in section 46, Senator Sherry.

Senator SHERRY —I would argue that we are not. Anyway, that is the reason why we cannot support your amendment, Senator Xenophon.