Footnotes

Chapter 2 - The bill

[1]        Explanatory Memorandum (EM), p. 3.

[2]        Australian Consumer and Competition Commission, 'ACCC institutes proceedings alleging breach of secondary boycott provisions', Media Release, 3 May 2004, http://www.accc.gov.au/content/index.phtml/itemId/347312 (accessed 20 August 2007). Australian Consumer and Competition Commission, '$300,000 penalties for secondary boycott', Media Release, 3 May 2004, http://www.accc.gov.au/content/index.phtml/itemId/524789 (accessed 20 August 2007).

[3]        The Hon. Peter Costello MP, Second Reading Speech, House of Representatives Hansard, 15 August 2007. 

[4]        The Hon. Peter Costello MP, Second Reading Speech, House of Representatives Hansard, 15 August 2007. 

[5]        Explanatory Memorandum (EM), p. 4.

[6]        The Hon. Peter Costello MP, Second Reading Speech, House of Representatives Hansard, 15 August 2007. 

[7]        Mr Scott Rogers, Senior Advisor, Competition and Consumer Policy Division, Department of the Treasury, Committee Hansard, 28 August 2007, p. 62.

Chapter 3 - Issues relating to the bill

[1]        The exception was ACCC v Knight and Ross where the Commission alleged secondary boycott action by Adelaide cardio thoracic surgeons for hindering or preventing another surgeon from providing services at a private hospital. See Appendix 3.

[2]        ACCC v CFMEU and Ors (see Appendix 3). ACCC v Bovis Lend Lease & CFMEU. The Federal Court hearing for this case commenced on 3 September 2007.

[3]        Correspondence, Mr Brian Cassidy, Chief Executive Officer, ACCC, 30 August 2007.

[4]        Mr Tony Steven, Chief Executive Officer, Council of Small Business Organisations of Australia Ltd, Committee Hansard, 28 August 2007, p. 51.

[5]        Council of Small Business Organisations of Australia Ltd, Submission 19, p. 1.

[6]        This is now a point of policy difference between the ACTU and the Australian Labor Party. See the comments of Ms Sharan Burrow, President, Australian Council of Trade Unions, Committee Hansard, 28 August 2007, p. 61.

[7]        See the comments of Ms Cath Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Committee Hansard, 28 August 2007, p. 54.

[8]        Australian Council of Trade Unions, Submission 22, p, 2.

[9]        The ACTU made this argument in its submission with reference to Senator Stephen Conroy's comments in the parliamentary debate on the 2002 legislation. See Senator Stephen Conroy, Trade Practices Amendment (Small Business Protection) Bill 2002 [No. 2], Second Reading, Senate Hansard, 3 March 2002.

[10]      Australian Council of Trade Unions, Submission 22, p, 2. Ms Sharan Burrow, President, Australian Council of Trade Unions, Committee Hansard, 28 August 2007, p. 56.

[11]      Australian Council of Trade Unions, Submission 22, p, 2. Ms Sharan Burrow, President, Australian Council of Trade Unions, Committee Hansard, 28 August 2007, p. 55.

[12]      Committee Hansard, 28 August 2007, p. 58.

[13]      Associate Professor Frank Zumbo, School of Business Law and Taxation, University of New South Wales, Submission 21, p. 1.

[14]      Associate Professor Frank Zumbo, School of Business Law and Taxation, University of New South Wales, Submission 21, p. 2.

[15]      Mr Tony Steven, Chief Executive Officer, Council of Small Business Organisations of Australia Ltd, Committee Hansard, 28 August 2007, p. 51.

[16]      Council of Small Business Organisations of Australia Ltd, Submission 19, p. 1.

[17]      Mr Tony Steven, Chief Executive Officer, Council of Small Business Organisations of Australia Ltd, Committee Hansard, 28 August 2007, p. 52.

[18]      Mr Tony Steven, Correspondence, 30 August 2007.

[19]      Mr Tony Steven, Chief Executive Officer, Council of Small Business Organisations of Australia Ltd, Committee Hansard, 28 August 2007, p. 52.

[20]      See Appendix 1.

[21]      The Hon. Peter Costello MP, Doorstop Interview, Duxton Hotel, Perth, 22 February 2007. The practice of mulesing refers to cutting skin from a sheep's behind to prevent maggot infestation.

[22]      See 'Inside the Wool Industry', People for the Ethical Treatment of Animals, http://www.peta.org/mc/factsheet_display.asp?ID=55 (accessed 3 September 2007).

[23]      'Australian wool wins historic agreement with PETA on mulesing', Wool is best, 30 June 2007 http://www.woolisbest.com/latest_news/2007/woolWins300607.htm (accessed 3 September 2007).

[24]      Trade Practices Act 1974

[25]      NSW Young Lawyers, Submission 18, p. 1.

[26]      Australian Wildlife Protection Council, Submission 15, p. 2; The Wilderness Society, Submission 14, p. 2; Voiceless, Submission 10, p. 4; Animal Liberation ACT, Submission 21, p. 3.

[27]      Voiceless, Submission 10, p. 4.

[28]      Mr Scott Rogers, Senior Advisor, Competition and Consumer Policy Division, Department of the Treasury, Committee Hansard, 28 August 2007, p. 63.

[29]      Senator Andrew Murray, Committee Hansard, 28 August 2007, p. 62.

[30]      Mr Scott Rogers, Senior Advisor, Competition and Consumer Policy Division, Department of the Treasury, Committee Hansard, 28 August 2007, p. 62.

[31]      Senator Cory Bernardi, Committee Hansard, 28 August 2007, p. 63.

[32]      Mr Scott Rogers, Senior Advisor, Competition and Consumer Policy Division, Department of the Treasury, Committee Hansard, 28 August 2007, p. 63.

Supplementary Remarks – Senator Andrew Murray

[1] The Coalition Government has rejected dozens of Democrat amendments calling for appointments on merit against set criteria.

[2] House of Representatives Standing Committee on Industry, Science and technology, Finding a balance: towards fair trading in Australia, May 1997, p. 133.

[3] Joint Select Committee on the Retailing sector, Fair Market or Market Failure? A Review of the Australian Retailing Sector, August 1999.

[4]   The March 2004 Senate Economics Committee Report on The effectiveness of the Trade Practices Act 1974 in protecting small business.

[5]        Tony Steven, CEO Council of Small Business of Australia, Correspondence, 30 August 2007.

[6]        Associate Professor Frank Zumbo, Committee Hansard, 7 November 2003, p. 50.

Dissenting Report by The Australian Greens

[1] Submission of ACTU, Submission 22, p. 2.

[2] Submission of AMWU, Submission 13.

[3] Submission of Associate Professor Frank Zumbo, Submission 20, p. 2.

[4] Submission by Animal Liberation ACT, Submission 21, p. 2.

[5] See Submission by Consumer Action Law Center, Submission 12, and Submission by Animal Liberation ACT, Submission 21.