Mr. Speaker, one thing I have learned over the last two or three years is that it is best not to suppose too much about what may happen in the other place lest we pay the price just for having supposed it.
I would make the same arguments to senators as I would make to anyone else. This is a good balance between the right to private access enjoyed in Australia, the United States and other jurisdictions around the world and the right to make an application directly and those who say it does not have enough teeth and if they win their case they should get triple damages like in the States. I would argue with everyone that this is a modest proposal that allows for some private access.
However we should not pretend that this will be a panacea. When an individual says he or she is being driven out of business because, for example, the motel across the street has lower rates, that will not go before the Competition Tribunal. One has to prove anti-competitive behaviour and it will be difficult to prove.
People do not have to worry that the bill is too intrusive. It will be difficult and very costly to prove anti-competitive behaviour. People will not be frivolous about this. There may be one or two frivolous cases, but after the first million dollars or so is spent on legal fees, people will find out that this is not something that is done for fun and that they had better have good, strong cases. That is what will restrict the number of cases before the tribunal on the private access side.