senate vote 2014-07-17#2
Edited by
system
on
2014-10-07 16:22:16
|
Title
Description
The majority voted against [http://www.openaustralia.org/senate/?gid=2014-07-17.11.1 amendments] introduced by Greens Senator [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Christine_Milne&mpc=Senate&house=senate Christine Milne], which means they were rejected.
Senator Milne explained that these amendments related to the definition of 'electricity retailer' and would remove ambiguity about which entities are affected by the consumer protection provisions. It addresses concerns that people with solar panels or hospitals producing electricity with co-generation will be captured.(Read Senator Milne's full explanation as well as the whole debate on these amendments [http://www.openaustralia.org/senate/?id=2014-07-17.4.2 here], after 9:59 am.
)
''Background to the bills''
The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5311 Clean Energy Legislation (Carbon Tax Repeal) Bill 2014] and related bills were introduced to repeal the [http://en.wikipedia.org/wiki/Carbon_pricing_in_Australia carbon pricing mechanism], which was introduced by the Australian Labor Party while in government. The Coalition described the mechanism as a “carbon tax” and removing it was a key policy platform during the 2013 election.(You can read more about the Coalition's policy to remove the carbon price [http://www.liberal.org.au/scrapping-carbon-tax-and-reducing-cost-living here].
)
The carbon pricing mechanism commenced on 1 July 2012.(For more information on the carbon pricing mechanism and how it works, please see the Clean Energy Regulator’s [http://www.cleanenergyregulator.gov.au/Carbon-Pricing-Mechanism/About-the-Mechanism/Pages/default.aspx website].
) It is an emissions trading scheme that puts a price on carbon emissions. It applies to “liable entities” (a group that includes companies that emit a high level of greenhouse gases). Initially the price of carbon is fixed by the mechanism but from 1 July 2015 the price will be set by the market, though the Labor Government did announce plans to bring this forward to 1 July 2014 just before they were defeated by the Coalition in the 2013 election.
This is the third time that this package of bills have been introduced. The first time, they were rejected in the Senate during the third reading stage.(See that division [http://publicwhip-test.openaustraliafoundation.org.au/division.php?date=2014-03-20&number=2&dmp=3&house=senate here].
) The second time, they were rejected in the Senate during the committee stage.(See that division [http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2014-07-10&number=8&dmp=3&house=senate here]. Read more about this second rejection of this package of bills on ABC News [http://www.abc.net.au/news/2014-07-10/senate-rejects-carbon-tax-repeal/5586248 here] or on the World Today [http://www.abc.net.au/worldtoday/content/2014/s4043242.htm here].)
The bills included in this package are the following:
* [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5311 Clean Energy Legislation (Carbon Tax Repeal) Bill 2014]
* [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5317 True-up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2014]
* [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5316 True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2014]
* [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5310 Customs Tariff Amendment (Carbon Tax Repeal) Bill 2014]
* [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5312 Excise Tariff Amendment (Carbon Tax Repeal) Bill 2014]
* [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5315 Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2014]
* [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5313 Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2014]
* [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5314 Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Bill 2014]
- The majority voted against [amendments](http://www.openaustralia.org/senate/?gid=2014-07-17.11.1) introduced by Greens Senator [Christine Milne](http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Christine_Milne&mpc=Senate&house=senate), which means they were rejected.
- Senator Milne explained that these amendments related to the definition of 'electricity retailer' and would remove ambiguity about which entities are affected by the consumer protection provisions. It addresses concerns that people with solar panels or hospitals producing electricity with co-generation will be captured.(Read Senator Milne's full explanation as well as the whole debate on these amendments [here](http://www.openaustralia.org/senate/?id=2014-07-17.4.2), after 9:59 am. )
- _Background to the bills_
- The [Clean Energy Legislation (Carbon Tax Repeal) Bill 2014](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5311) and related bills were introduced to repeal the [carbon pricing mechanism](http://en.wikipedia.org/wiki/Carbon_pricing_in_Australia), which was introduced by the Australian Labor Party while in government. The Coalition described the mechanism as a “carbon tax” and removing it was a key policy platform during the 2013 election.(You can read more about the Coalition's policy to remove the carbon price [here](http://www.liberal.org.au/scrapping-carbon-tax-and-reducing-cost-living). )
- The carbon pricing mechanism commenced on 1 July 2012.(For more information on the carbon pricing mechanism and how it works, please see the Clean Energy Regulator’s [website](http://www.cleanenergyregulator.gov.au/Carbon-Pricing-Mechanism/About-the-Mechanism/Pages/default.aspx). ) It is an emissions trading scheme that puts a price on carbon emissions. It applies to “liable entities” (a group that includes companies that emit a high level of greenhouse gases). Initially the price of carbon is fixed by the mechanism but from 1 July 2015 the price will be set by the market, though the Labor Government did announce plans to bring this forward to 1 July 2014 just before they were defeated by the Coalition in the 2013 election.
- This is the third time that this package of bills have been introduced. The first time, they were rejected in the Senate during the third reading stage.(See that division [here](http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2014-03-20&number=2&dmp=3&house=senate). ) The second time, they were rejected in the Senate during the committee stage.(See that division [here](http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2014-07-10&number=8&dmp=3&house=senate). Read more about this second rejection of this package of bills on ABC News [here](http://www.abc.net.au/news/2014-07-10/senate-rejects-carbon-tax-repeal/5586248) or on the World Today [here](http://www.abc.net.au/worldtoday/content/2014/s4043242.htm).)
- The bills included in this package are the following:
- - [Clean Energy Legislation (Carbon Tax Repeal) Bill 2014](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5311)
- - [True-up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2014](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5317)
- - [True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2014](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5316)
- - [Customs Tariff Amendment (Carbon Tax Repeal) Bill 2014](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5310)
- - [Excise Tariff Amendment (Carbon Tax Repeal) Bill 2014](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5312)
- - [Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2014](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5315)
- - [Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2014](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5313)
- - [Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Bill 2014](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5314)
|
senate vote 2014-07-17#2
Edited by
system
on
2014-10-07 16:17:01
|
Title
Description
- The majority voted against [http://www.openaustralia.org/senate/?gid=2014-07-17.11.1 amendments] introduced by Greens Senator [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Christine_Milne&mpc=Senate&house=senate Christine Milne], which means they were rejected.
Senator Milne explained that these amendments related to the definition of 'electricity retailer' and would remove ambiguity about which entities are affected by the consumer protection provisions. It addresses concerns that people with solar panels or hospitals producing electricity with co-generation will be captured.[1]
- Senator Milne explained that these amendments related to the definition of 'electricity retailer' and would remove ambiguity about which entities are affected by the consumer protection provisions. It addresses concerns that people with solar panels or hospitals producing electricity with co-generation will be captured.(Read Senator Milne's full explanation as well as the whole debate on these amendments [http://www.openaustralia.org/senate/?id=2014-07-17.4.2 here], after 9:59 am.
)
- ''Background to the bills''
The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5311 Clean Energy Legislation (Carbon Tax Repeal) Bill 2014] and related bills were introduced to repeal the [http://en.wikipedia.org/wiki/Carbon_pricing_in_Australia carbon pricing mechanism], which was introduced by the Australian Labor Party while in government. The Coalition described the mechanism as a “carbon tax” and removing it was a key policy platform during the 2013 election.[2]
- The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5311 Clean Energy Legislation (Carbon Tax Repeal) Bill 2014] and related bills were introduced to repeal the [http://en.wikipedia.org/wiki/Carbon_pricing_in_Australia carbon pricing mechanism], which was introduced by the Australian Labor Party while in government. The Coalition described the mechanism as a “carbon tax” and removing it was a key policy platform during the 2013 election.(You can read more about the Coalition's policy to remove the carbon price [http://www.liberal.org.au/scrapping-carbon-tax-and-reducing-cost-living here].
)
The carbon pricing mechanism commenced on 1 July 2012.[3] It is an emissions trading scheme that puts a price on carbon emissions. It applies to “liable entities” (a group that includes companies that emit a high level of greenhouse gases). Initially the price of carbon is fixed by the mechanism but from 1 July 2015 the price will be set by the market, though the Labor Government did announce plans to bring this forward to 1 July 2014 just before they were defeated by the Coalition in the 2013 election.
- The carbon pricing mechanism commenced on 1 July 2012.(For more information on the carbon pricing mechanism and how it works, please see the Clean Energy Regulator’s [http://www.cleanenergyregulator.gov.au/Carbon-Pricing-Mechanism/About-the-Mechanism/Pages/default.aspx website].
) It is an emissions trading scheme that puts a price on carbon emissions. It applies to “liable entities” (a group that includes companies that emit a high level of greenhouse gases). Initially the price of carbon is fixed by the mechanism but from 1 July 2015 the price will be set by the market, though the Labor Government did announce plans to bring this forward to 1 July 2014 just before they were defeated by the Coalition in the 2013 election.
This is the third time that this package of bills have been introduced. The first time, they were rejected in the Senate during the third reading stage.[4] The second time, they were rejected in the Senate during the committee stage.[5]
- This is the third time that this package of bills have been introduced. The first time, they were rejected in the Senate during the third reading stage.(See that division [http://publicwhip-test.openaustraliafoundation.org.au/division.php?date=2014-03-20&number=2&dmp=3&house=senate here].
) The second time, they were rejected in the Senate during the committee stage.(See that division [http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2014-07-10&number=8&dmp=3&house=senate here]. Read more about this second rejection of this package of bills on ABC News [http://www.abc.net.au/news/2014-07-10/senate-rejects-carbon-tax-repeal/5586248 here] or on the World Today [http://www.abc.net.au/worldtoday/content/2014/s4043242.htm here].)
- The bills included in this package are the following:
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5311 Clean Energy Legislation (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5317 True-up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5316 True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5310 Customs Tariff Amendment (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5312 Excise Tariff Amendment (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5315 Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5313 Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5314 Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Bill 2014]
''References''
* [1] Read Senator Milne's full explanation as well as the whole debate on these amendments [http://www.openaustralia.org/senate/?id=2014-07-17.4.2 here], after 9:59 am.
* [2] You can read more about the Coalition's policy to remove the carbon price [http://www.liberal.org.au/scrapping-carbon-tax-and-reducing-cost-living here].
* [3] For more information on the carbon pricing mechanism and how it works, please see the Clean Energy Regulator’s [http://www.cleanenergyregulator.gov.au/Carbon-Pricing-Mechanism/About-the-Mechanism/Pages/default.aspx website].
* [4] See that division [http://publicwhip-test.openaustraliafoundation.org.au/division.php?date=2014-03-20&number=2&dmp=3&house=senate here].
* [5] See that division [http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2014-07-10&number=8&dmp=3&house=senate here]. Read more about this second rejection of this package of bills on ABC News [http://www.abc.net.au/news/2014-07-10/senate-rejects-carbon-tax-repeal/5586248 here] or on the World Today [http://www.abc.net.au/worldtoday/content/2014/s4043242.htm here].
|
senate vote 2014-07-17#2
Edited by
mackay staff
on
2014-07-23 12:43:15
|
Title
Bills — Clean Energy Legislation (Carbon Tax Repeal) Bill 2014, True-Up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2014, True-Up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2014, Customs Tariff Amendment (Carbon Tax Repeal) Bill 2014, Excise Tariff Amendment (Carbon Tax Repeal) Bill 2014, Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2014, Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2014, Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Bill 2014; in Committee
- Clean Energy Legislation (Carbon Tax Repeal) Bill 2014 - In Committee - Definition of 'electricity retailer'
Description
<p class="speaker">Christine Milne</p>
<p>by leave—I move amendments (1) and (2) on sheet 7531 together:</p>
<p class="italic">(1) Schedule 2, item 3, page 75 (line 33), omit "electricity; or", substitute "electricity.".</p>
- The majority voted against [http://www.openaustralia.org/senate/?gid=2014-07-17.11.1 amendments] introduced by Greens Senator [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Christine_Milne&mpc=Senate&house=senate Christine Milne], which means they were rejected.
- Senator Milne explained that these amendments related to the definition of 'electricity retailer' and would remove ambiguity about which entities are affected by the consumer protection provisions. It addresses concerns that people with solar panels or hospitals producing electricity with co-generation will be captured.[1]
- ''Background to the bills''
- The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5311 Clean Energy Legislation (Carbon Tax Repeal) Bill 2014] and related bills were introduced to repeal the [http://en.wikipedia.org/wiki/Carbon_pricing_in_Australia carbon pricing mechanism], which was introduced by the Australian Labor Party while in government. The Coalition described the mechanism as a “carbon tax” and removing it was a key policy platform during the 2013 election.[2]
- The carbon pricing mechanism commenced on 1 July 2012.[3] It is an emissions trading scheme that puts a price on carbon emissions. It applies to “liable entities” (a group that includes companies that emit a high level of greenhouse gases). Initially the price of carbon is fixed by the mechanism but from 1 July 2015 the price will be set by the market, though the Labor Government did announce plans to bring this forward to 1 July 2014 just before they were defeated by the Coalition in the 2013 election.
- This is the third time that this package of bills have been introduced. The first time, they were rejected in the Senate during the third reading stage.[4] The second time, they were rejected in the Senate during the committee stage.[5]
- The bills included in this package are the following:
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5311 Clean Energy Legislation (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5317 True-up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5316 True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5310 Customs Tariff Amendment (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5312 Excise Tariff Amendment (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5315 Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5313 Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2014]
- * [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5314 Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Bill 2014]
- ''References''
- * [1] Read Senator Milne's full explanation as well as the whole debate on these amendments [http://www.openaustralia.org/senate/?id=2014-07-17.4.2 here], after 9:59 am.
- * [2] You can read more about the Coalition's policy to remove the carbon price [http://www.liberal.org.au/scrapping-carbon-tax-and-reducing-cost-living here].
- * [3] For more information on the carbon pricing mechanism and how it works, please see the Clean Energy Regulator’s [http://www.cleanenergyregulator.gov.au/Carbon-Pricing-Mechanism/About-the-Mechanism/Pages/default.aspx website].
- * [4] See that division [http://publicwhip-test.openaustraliafoundation.org.au/division.php?date=2014-03-20&number=2&dmp=3&house=senate here].
- * [5] See that division [http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2014-07-10&number=8&dmp=3&house=senate here]. Read more about this second rejection of this package of bills on ABC News [http://www.abc.net.au/news/2014-07-10/senate-rejects-carbon-tax-repeal/5586248 here] or on the World Today [http://www.abc.net.au/worldtoday/content/2014/s4043242.htm here].
<p class="italic">(2) Schedule 2, item 3, page 75 (line 34), omit paragraph (f) of the definition of <i>electricity retailer</i> in section 60A.</p>
<p>Yesterday, I made it fairly clear that the way that the bill is written captures households with solar panels on their roofs and the Royal Children's Hospital, which has a co-generation plant, because the definitions are that an 'entity' includes an individual, the 'energy retailer' definition captures people who produce energy, and 'customer' captures those people who buy energy. I note in today's media:</p>
<p class="italic">Martijn Wilder, a partner at Baker & McKenzie, said that “on a plain reading, the law does apply to power sold from solar roof panels” and the letter of the law did not reflect the assurances the minister had given. “At best, it is legally ambiguous,” he said.</p>
<p>At the same time, the ACCC has said that they would be guided by what the minister had said in his second reading speech, but the point here is that the High Court, on several occasions recently, has shown that what parliament intended by legislation means nothing if the statute gives rise to a clear explanation, which, in this case, it does. So the courts will take notice of the law, not what the minister cobbles together in a second reading speech</p>
<p>On that basis, my amendment removes any ambiguity about whether this captures people who are producing electricity from their solar panels, or a hospital that is producing electricity with co-generation, or any other. Since that clearly is not the intention of the legislation we ought to remove the ambiguity from the legislation. That is why I am moving to remove from section 60A, this amendment, section (f), that was put in House, which says:</p>
<p>(f) any other entity who produces electricity in Australia.</p>
<p>By removing that you would remove any ambiguity so that people with solar panels and people who are into co-generation—in hospitals and the like—would not be captured by this piece of legislation. It would leave the ACCC without the burden of having to have on the statute books something that it will not enforce, even though it is the law that it does enforce it.</p>
<p>Our job is to make laws that are clear to people, and not to leave the law ambiguous, which will mean that it will land up somewhere in the courts. So I ask the government, the opposition and other crossbench members to support this amendment to give clarity to the law and to give comfort to people who have solar panels, people who are into co-generation and other people who were never intended to be caught up in this legislation in the first place. I recommend the amendment to the Senate.</p>
<p class="speaker">Mathias Cormann</p>
<p>The government does not agree to this amendment, which waters down the protection to consumers. The government has made it clear already that the interpretation of 'electricity retailer' is limited to electricity retailers and electricity producers selling electricity, in a wholesale electricity market, to a retailer. This means that small-scale electricity producers such as families and businesses with solar PV on their rooftops are not covered.</p>
<p>The government considers that protections for electricity consumers are an important part of ensuring customers receive the full benefit of the removal of the carbon tax. That is why we have added various new protections to these bills, which will apply to electricity retailers.</p>
<p class="speaker">Christine Milne</p>
<p>The minister is wrong because all the minister is doing is referring to Minister Hunt's second reading speech by saying that that is how they have made it clear that this applies with regard to selling into the wholesale market, but that is not what is in the legislation. So the government is refusing an amendment which clarifies the situation. I think that is a very sad thing.</p>
<p>Before we vote on this amendment I would also like to have the minister clarify what he said yesterday. In here he said yesterday that airlines and supermarkets would be legally required to remove the carbon price. In fact, that is not the case. I note in the ACCC's brief to the big polluters—the Australian Industry Greenhouse Network—that despite the ambiguity in the final form of the repeal bills the ACCC would only enforce price reductions for electricity and gas retailers and bulk importers of synthetic gases used in refrigeration and air-conditioning. They would not be enforcing price reductions anywhere else.</p>
<p>So the minister needs to clarify that. The ACCC is telling people that they would only be doing that. I think this really puts the lie to the government's claim that they will be forcing price reductions on everything. They cannot and they will not. The ACCC went on to say that, under the false and misleading conduct powers, they will be looking at the public statements made by companies in relation to what they have done. But that is a vastly different thing from the enforcement of price reductions.</p>
<p>It is very clear on the record, from the ACCC now, that the only enforceable price reductions will be electricity, gas and synthetic greenhouse gases. For everything else there will be no requirement, and therefore the $550 claims about the community being better off are simply hot air. I would like the minister to clarify: is the government's understanding and intent the same as what the ACCC said yesterday? Isn't that the case?</p>
<p class="speaker">Mathias Cormann</p>
<p>I thank Senator Milne. Firstly, Senator Milne did not accurately quote what I said to the chamber yesterday. She is right, though: we did go through this in some detail. As I pointed out yesterday, as a result of this bill, the ACCC will have price-monitoring powers under section 60G. The ACCC will be provided with new powers to monitor the prices offered, displayed or advertised of electricity, natural gas, synthetic greenhouse gas, synthetic greenhouse gas equipment and any other goods designated by regulation in relation to the carbon tax repeal.</p>
<p>False or misleading representations are obviously also prohibited, consistent with section 60K, so all corporations—and that includes airlines and others—will be prohibited from making carbon specific false or misleading representations during the effect of the carbon tax repeal on prices. This prohibition covers all goods and services and carries a penalty of up to $1.1 million for a corporation and $220,000 for an individual.</p>
<p class="speaker">Deborah O'Neill</p>
<p>The question is that Greens amendments (1) and (2) on sheet 7531 be agreed to.</p>
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