Senator BIRMINGHAM (8:07 PM) —I thank Senator Xenophon and the minister for their explanations. In particular, Senator Xenophon, I thank you. I understand the variance between the government’s proposed amendment and your proposed amendment, that variance being an opportunity to close the door for a potential re-entry of price related discrimination practices within NBN Co.’s activities. From the minister I am trying to seek a little bit of clarity about whether this was simply an inadequacy in the initial bill. I am not trying to ask that question for the sake of political point-scoring per se; I am seeking to ask that question because uniform national pricing has, as we have discussed quite a bit today, been a longstanding objective of the government’s. The need for NBN Co. to be able to operate in a way that could allow it to provide that uniform national pricing has been something that has been well known for a considerable period of time, yet we have these late amendments that appear to have been presented to try to facilitate that and to ensure that NBN Co. does not run foul of the ACCC in relation to binding rules of conduct or access to terminations or the like. If it is purely the fact that the bill was inadequate and that these were necessary then that at least answers the question.

I guess the concern of the opposition, and the concern that has been expressed to us to some degree since these amendments saw the light of day, is that it does tend to jump off the page a little bit when you have new, late amendments to a bill that limits what the ACCC can or cannot do. That creates all sorts of concern. It creates concern, of course, for most telcos—including the ‘Big T’, as you might mention, Minister—

Senator Conroy interjecting—

Senator BIRMINGHAM —It is nice to bring you back to life, Minister. Speaking of glowing brightly, Minister, I have mused—I think I mused to you before as well—that I heard some Labor senators during a division earlier wondering what happens if we are still here tomorrow. Those senators from New South Wales were wondering how they will get to vote—I think we have an understanding that the Comcar shuttle can run down to Queanbeyan during the lunch break and they can all cast absentee votes. But the minister’s words ‘glowing brightly’ just brought me to thinking of the challenge of Earth Hour tomorrow night. Should you miss the Collingwood game tomorrow afternoon and should we still be here tomorrow night, the clerks may need to ascertain whether we can be debating at this time tomorrow night by candlelight or something to keep happy the Greens and others who would like to honour Earth Hour.

However, Minister, you caused me to stray. I was making the point that, of course, major telcos and many others have to operate within ACCC rules in relation to access determinations, binding rules of conduct and the like. The concern—and it is a concern that is heightened because these are last-minute amendments from the government—is: what was the inadequacy? Was it an oversight? Is there a reason that without these amendments—

Senator Conroy —If you sit down, I’ll tell you.

Senator BIRMINGHAM —I am about to, Minister. Without these amendments, would the government or NBN Co. have been at risk of running foul of the ACCC?