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Competition Policy Review

Submissions to the Review on Draft Report

See also submissions on Issues Paper

 

Submissions on Draft Report

Submissions on the draft Report were due by 17 November. They are being published in on the Competition Policy Review website. The first batch of 128 non-confidential submissions were released on 14 November and more have been progressively released; most recently three submissions were published on 6 February 2015. This brings the total published non-confidential submissions to 472 (including seven supplementary submissions).

Overviews on the submissions will be provided here in due course. The first batch was dominated by brief 'have your say' submissions, predominantly opposing extension of retail trading hours (draft rec 51) (pointing to concerns about loss of family time) or opposing introduction of road tolls/taxes (draft rec 3) (many referencing s 92 of the Constitution (often using identical language)). The first bath also included at least 15 submissions from IGA store owners/directors, many expressing similar (or identical) concerns.

The date listed indicates the date the submission was published on the Competition Policy Review web site.

A | B | C | D-F | G-I | J-L | M-N | O-R | S-Z |

From Date Focus
ABB Australia 14/11

Anti-dumping - suggests 'inconsistency of Australia's anti-dumping laws and administration with competition law and principle' has not been considered in the draft report and should be added to list of regulatory priority areas as well as be considered important re: proposal that 'sources of competition be explicitly defined to include imports and potential imports'. Claims anti-dumping laws and regulations create barriers to imports not faced by domestic industry. Anti-dumping regimes 'must not act to protect industries from the consequences of ... internal inefficiencies'. Agrees with need for reform of laws restricting parallel imports.

Abdulla, I
(owner of Port Kennedy SUPA IGA)
14/11

Concerned that small business owners don't operate on 'same playing field' as majors and that 'increasing market power and dominance of the 2 chains is putting at risk robust competition, consumer choice and retail diversity'.

  • Support effects test for s 46 (misuse of market power) but original wording in s 46 to remain unchanged to capture 'anti-competitive behaviours, irrespective of whether they substantially lessen competition' such as predatory pricing, capacity and anti-competitive price discrimination.
  • On state planning and zoning, disagree with principle that more floor space and more entrants = more competition because deep pocket businesses will 'crowd out family owned businesses' and reduce consumer choice.
  • On access to justice, claim 'cost prohibitive for an independent supermarket or liquor store owner to file an action with the Federal Court seeking relief from anticompetitive behaviours ...' - argues for 'no cost orders' and a mandatory enforceable Supermarket and Liquor store Code of Conduct.
  • Opposed to deregulation of trading hours, claiming survival of small businesses 'depends on being able to trade on those extended hours without' competition from the major chains.
ACCC 4/12
19/12
Also available from ACCC site
Accessible Publishing Systems Pty Ltd 4/12  
ACM Parts 23/1  
ACT Health 23/1  
ACT Policing 19/12  
Action for Public Transport NSW 4/12  
Advisory Council on Intellectual Property 14/11

Parallel importing of trade marked goods

AGL Energy 19/12  
Aguiar, A 14/11

"Have your say"
Request that public holidays be protected (Christmas, Easter, ANZAC Day)

AIPPI Australia 19/12  
Aldi Stores 4/12  
Alexander, D 14/11

"Have your say"
Proposal to impose tax on roads is 'ridiculous'

Alinta Energy 4/12  
Allen, R
(Director and part owner, Mt Martha Supa IGA)
14/11

Claims local supermarkets are the 'hub of the community' and claims 'market power and dominance of the 2 chains is putting at risk robust competition, consumer choice and retail diversity'.

  • Support effects test for s 46 (Misuse of Market Power) but want original wording of s 46 to remain unchanged.
  • On state planning and zoning, disagree with principle that more floor space and more entrants = more competition because deep pocket businesses will 'crowd out family owned businesses' and reduce consumer choice.
  • On access to justice, claim 'cost prohibitive for an independent supermarket or liquor store owner to bring an action with the Federal Court seeking relief from anticompetitive behaviours ...' - argues for 'no cost orders' and a mandatory enforceable Supermarket and Liquor store Code of Conduct.
ALM Group 14/11

Farming - notes effective competition policy depends on individual actions and suggests actions farmers can take to derive most benefit from changes to competition laws. Refers reader to Certified Land Management system (run by ALMG)

Altman, G 25/11  
American Bar Association 4/12  
Anglican Church Diocese of Sydney 4/12  
Anglicare Sydney 4/12  
Anonymous 25/11  
Anonymous Retailer 14/11

"Have your say"
Claims panel failed to understand anti-competitive situation created by Coles and Woolworths and that ACCC is 'largely asleep on these issues'.

APA Group 25/11  
Applied Medicine 4/12  
Arblaster, M 25/11  
Argyropoulos, S 14/11

"Have your say"
Road tolls - 'appalled at the proposal' - described as 'disgraceful' and 'outrageous'.

Arnold Bloch Leibler 4/12  
Asciano 25/11  
ASTRA 19/12  
Ashurst 23/1  
Australasian Association of Convenience Stores Limited 4/12  
Australasian Performing Right Association Limited & Australasian Mechanical Copyright Owners' Society 4/12  
Australasian Professional Society on Alcohol and other Drugs 4/12  
Australian & International Pilots Association 4/12  
Australian Automobile Association 25/11  
Australian Automotive Aftermakret Association 4/12  
Australian Automotive Dealer Association 19/12  
Australian Booksellers Association Inc 4/12  
Australian Chamber of Commerce and Industry 4/12  
Australian Charities and Not-for-Profits Commission 19/12  
Australian Chicken Growers Council 4/12  
Australian Communications Consumer Action Network 4/12  
Australian Copyright Council 25/11  
Australian Corporate Lawyers Association 4/12  
Australian Council of Trade Unions 4/12  
Australian Dairy Farmers 19/12  
Australian Dental Association 4/12  
Australian Diagnostic Imaging Association 19/12  
Australian Digital Alliance & Australian Libraries Copyright Committee 4/12  
Australian Drug Foundations 19/12  
Australian Education Union 4/12  
Australian Energy Market Commission 19/12  
Australian Energy Market Operator 25/11  
Australian Energy Regulator 19/12  
Australian Food and Grocery Council 4/12  
Australian Forest Products Association 4/12  
Australian Health Promotion Association 19/12  
Australian Imported Motor Vehicle Industry Association 4/12  
Australian Industry Group 4/12  
Australian Information Industry Association 23/1  
Australian Institute of Company Directors 4/12  
Australian Liquor Stores Association 19/12  
Australian Local Government Association 19/12  
Australian Logistics Council 23/1  
Australian Motor Industry Federation 19/12  
Australian National Retailers Association 4/12  
Australian Newsagents Federation 4/12  
Australian Peak Shippers Association 25/11  
Australian Pipeline Industry Association 25/11  
Australian Petroleum Production & Exploration Association 19/12  
Australian Pork Limited 14/11

Secondary boycotts (sets out concerns with various actions by activists - is of 'strong view that such organisations ought to be subject to the laws prohibiting false, misleading and deceptive conduct ...'))

Australian Private Hospitals Association 4/12  
Australian Property Institute (NSW Division) 23/1  
Australian Publishers Association 4/12  
Australian Rail Track Corporation 19/12  
Australian Recording Industry Association 19/12  
Australian Retailers Association 19/12  
Australian Screen Association 4/12  
Australian Small Business Commissioner 25/11  
Australian Society of Authors 19/12  
Australian Sugar Milling Council 4/12  
Australian Taxi Industry Association 19/12  
Australian Union of Students 14/11

Occupational licencing (discusses 'restraints of trade' due to practical work requirements - focus on licensing requirements for bricklayers and landscapers and other trades); shopping centres (claims they act as monopolies charging extortionate rents which are passed on to consumers and argues for 'access regime' pursuant to which retailer could buy shop in centre); underground services (eg, electricity, gas, water, phone, tv, internet and argues there should be legislation to enable any company to obtain a licence to use underground ducts); congestion in capital cities (suggest politicians neglect regional cities; suggest capital city surcharge); access to IP (owners of IP 'should not be able to control access to their invention, but should be entitled to a share of the proceeds for its exploitation' - should not need to negotiate a licence); teaching of tertiary courses (suggests lack of competition and poor quality of service in teaching tertiary courses - suggests separation between examining and awarding qualifications and teaching); employment of public servants (claims Government not employing on merit but on sectarian considerations)

Australian United Retailers 4/12  
Australian Unity 4/12  
Australian Wagering Council 4/12  
Australian Water Association 19/12  
Auto Services Group 4/12  

 

   

B

   
Bain, D 25/11  
Baker & McKenzie 4/12  
Baking Association of Australia 19/12  
Ball, G 14/11

Competition, mergers and national champions. Suggests recommendation 15 gives 'false impression' that formation of national champions must be unfavourable. Suggest more consideration needed of national champions issue and that s 15 should make clear that the formation of national champions 'can be in accord with current competition policy'. Discussion of 'rapidly diminishing competitiveness of the total Australian food processing industry' and Murray Goulburn bid.

Beaton-Wells, C and Fisse, B 25/11  
Benedetti, J 14/11

"Have your say"
Opposed to road tolls.

Bhagwati Australia 14/11

"Have your say"
Objects to strengthening of Coles/Woolworths duopoly - request authorities 'save our small businesses' and support independents.

Bhela, A 14/11

"Have your say"
Local independent grocer - opposed to trading hours deregulation

BHP Billiton 19/12  
Bi-Rite Roma 25/11  
Board of Airline Representatives of Australia 14/11

Aviation infrastructure. Endorses Panel's draft views on 'competitive supply of jet fuel, the economic regulation of Australia's major international airports and Airservices Australia's ... pricing structures'. Would welcome 'further consideration by the Review Panel over the means by which the path to reform of these essential aviation infrastructure services can begin'

Bond University 25/11  
Boral 25/11  
Brandrick, C 14/11

"Have your say"
Opposed to deregulation of retail shopping hours.

Bridge, H 14/11

Concern about Outback Stores (Aus Govt owned company) - claims 'costly to the taxpayer, destabilising to the supply chain, and of little benefit to the communities they purport to serve.'

Brimbank City Council 4/12  
Brisbane City Council 23/1  
Brooks, L 14/11

"Have your say"
(appears concerned with expansion of major retailers leading to closure of small family run businesses)

Brown, D 14/11

"Have your say"
Opposed to deregulation of retail shopping hours.

Brown, DC 14/11

"Have your say"
Does not want roads taxed (doesn't trust politicians; claims it would be unconstitutional)

Brown, J 14/11

"Have your say"
Concerned about removing import restrictions - requests consideration be given to the lower postage rates available to overseas suppliers and the implications of this for local bookstores if import restrictions removed.

Brown, T 14/11

"Have your say"
Favours pharmacies in supermarkets and supports 'less control of supermarkets and import items'.

Brownlie, P 14/11

Opposed to road tolls

Business Council of Australia 4/12  
Business Council of Co-operatives and Mutuals 4/12  
Business SA 4/12  
Byrne, de Roos and Beaton-Wells 4/12  

 

   

C

   
Caldwell, D 4/12  
Cameron, S 25/11  
Campervan and Motorhome Club of Australia 14/11

Competitive neutrality (agrees with draft recommendation 13). Notes needs of new RV users are not met by caravan parks. Claims that as a result of different needs of RV users Caravan Park users without self-contained capabilities are not in competition with RV users. Wants freedom to choose between different facilities. In particular, wants new competitive neutrality agreement to recognise that the needs of self-contained vehicle owners are not met by caravan parks and that caravan parks should not have the right to dictate terms of camping to RV users. Claims currently local government protection of caravan parks is defeating competition and notes that local governments themselves own many caravan parks and so have a conflict of interest.

Cammarata, M 14/11

"Have your say"
Opposed to deregulation of retail shopping hours.

Camp, R 14/11

"Have your say"
Opposed to deregulation of retail shopping hours.

Cancer Council NSW 25/11  
Canegrowers 4/12  
Carr, E 14/11

"Have your say"
Opposed to road tolls (suggests penalizes rural areas with extra driving/travel costs)

Carter, R 23/1  
Casper, Z 25/11  
Catholic Social Services 19/12  
Cement Industry Federation 19/12  
Central Markets of Australia Association 4/12  
Centre for International Finance and Regulation 4/12  
Chamber of Commerce and Industry Queensland 19/12  
Chemist Warehouse 19/12  
Childers IGA 14/11

Claims competition must be on level playing field and that Coles and Woolworths have power to crush independents to the point they won't be able to compete; claims there is no 'equal' playing field. Opposed to deregulation of trading hours, claiming it could force them out of business.

CHOICE 4/12  
City of Melbourne 4/12  
City of Port Phillip 4/12  
City of Sydney Council 23/1  
Clarke, J 4/12  
Clarke, Professor P 23/1

Various recommendations supported - the following discussed in more detail:

  • Competition policy (support principles, suggest make clear goal or goals of policy)
  • Extraterritoriality (oppose removing requirement for ministerial consent)
  • Cartel conduct (should not be restricted to conduct occurring in an Australian market)
  • Price signalling and concerted practices (support repeal of price signalling provisions and extension of s 45 to cover concerted practices, but suggest this should be done by defining CAU to include concerted practices rather than through introduction of new prohibition)
  • Misuse of market power (support removal of take advantage element but query retention of SMP element; support altering purpose test to include a-c effect, but suggest defence proposed by Panel be replaced with 'pro-competitive purpose' defence)
  • Resale price maintenance (support retention of per se prohibition; oppose notification for RPM; oppose allowing RPM between related bodies)
  • Introduction of Australian Council for Competition Policy supported
  • Rec 47 on ACCC Governance supported (preference for 'Advisory Board' model)
  • Rec 49 supported (small business access to remedies) but oppose specific dispute resolution scheme for small business.
Colac Otway Shire Council 4/12  
Coles Group Limited 4/12  
Colhoun, D 14/11

"Have your say"
Dismayed at disparity between cost of Harley Davidsons in Australia compared to USA. Wants it investigated (also notes disparity in cost of jeans)

Comino, A 25/11  
Commonwealth Director of Public Prosecutions 4/12  
Communications Law Centre, UTS 4/12  
Community and Public Sector Union 4/12  
Community Employers WA 4/12  
Consult Australia 25/11  
Consumer Action Law Centre 4/12  
Consumer Utilities Advocacy Centre 19/12  
Consumers Federation of Australia 4/12  
Consumers Health Forum 4/12  
Copyright Agency 19/12  
Corones, S 14/11

Misuse of market power (focus on proposed s 46 amendment - favours 'effects-based analytical model'). Considers three major criticisms of the proposal and concludes (1) 'proposed test will not deter major business from engaging in vigorous competition' any more than existing prohibitions in ss 45, 47 and 50, but there is some uncertainty as to the scope of the proposed defence; (2) draft recommendation 25 is not out of step international best practice - its adoption would bring us into line with best practice; and (3) there is conduct not currently caught by s 46 that would be caught by the draft provision (Rural Press and ACCC v Cement Australia given as examples) - noted that 'effects-based analytical model is more likely to catch strategic entry deterring conduct'). Suggest reading this submission in full (11 pages)

Costa, P 23/1  
Council of Private Higher Education 4/12  
Council of Small Business Australia 4/12  
Council of Textile and Fashion Industries of Australia 25/11  
Cowley, J 25/11  
Cox, A 14/11

"Have your say"
Concerned about price increases on imported products and generally - claims everything is too expensive

CPA Australia 25/11  
Crawford, C 14/11

"Have your say"
Opposed to road tolls

CropLife Australia 25/11  
CSIRO 4/12  
CSR Limited 25/11  
CSR Limited (submission 2) 25/11  
Cunningham, M 4/12  
Customer Owned Banking Association 19/12  

 

   

D

   
Daly, W 25/11  
Davis, T 14/11

Retail trading hours (opposed to recommendation 51) claiming detrimental impact on families and communities

Denehy, M 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Department of Communications 6/2 Acknowledges draft reports's recognition of new technologies and applications 'digitally disrupting' the way markets operate, but suggests final report 'would benefit from a stronger focus on the impact of digital disruption and new technologies in offering the potential to identify new competitive opportunities for industries across the economy, and opening up many existing markets to greater competition'.
Department of Infrastructure and Regional Development 19/12  
Djokov, A 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Dodgshun, B 14/11

Supermarkets stocking alcohol on shelves in Qld (opposed)

DomGas Alliance 4/12  
Duke, A 25/11  
Dunbar, A 4/12  

 

   

E

   
eBay 4/12  
Economic Regulation Authority 19/12  
Edge, P 23/1  
Electronic Frontiers Australia 4/12  
Energy Australia 19/12  
Energy Networks Association 4/12  
Energy Supply Associations of Australia 19/12  
Entwistle, B 25/11  
Ergas, H and Fels, A 19/12  
Ergas, H and Pincus, J 6/2 Relates to pharmacy issue - letter begins by stating that the authors 'came away from the meeting in Melbourne on 3 December believing that you and the other Review members present had not understood the main analytical arguments put in the [Pharmacy Guild of Australia] submission to which we contributed'. Claims published bases for recommendations in relation to the regulation fo pharmacies is 'deficient and defective'. Addresses some questions posed by the panel on the issue.

 

   

F

   
Family Business Australia 14/11

"Have your say"
Competitive neutrality (pleased it has been identified for review); free trade agreements (suggests IP in manufacturing and services sector needs protection); cross border rules (notes need to adjust practice in different jurisdictions which might deter expansion); industry regulations (may restrict growth); dispute settlement procedure ('reference should be made to the development of the Small Business and Family Enterprise Ombudsman's new role, and the outsourcing of ASICs Registry function'.

Federal Chamber of Automative Industries 19/12  
Financial Services Council 19/12  
Ford Australia 4/12  
Foundation for Alcohol Research and Education 4/12  
Foxtel 19/12  
Francis, A 25/11  
Frontier Economics (Philip Williams) 14/11

Misuse of market power. Suggests objective of making language of the law 'clear to market participants and enforceable by regulators and the courts' is unattainable. In relation to primary prohibition, notes proposed change from focus on purpose to effect has some merit. In relation to proposed defence, suggests it 'performs badly against the criterion of striking the right balance between prohibiting anti-competitive conduct and allowing pro-competitive conduct' (para 16). In particular, requirement for defendant to establish effect or likely effect of benefiting long-term interests of consumers is too restrictive and may result in prohibition of conduct that is not anti-competitive (examples given from para 21).

Concludes there is some merit in restructuring the provision, but doubts it will increase clarity. However, key concern with second limb or defence, suggesting it should be deleted if s 46 is to be redrafted in the form proposed by the Panel.

 

   

G

   
G4S Australia 19/12  
Garland A 25/11  
Glencore Coal Australia 4/12  
Global Shippers' Forum 19/12  
Goldsworthy, J 14/11

Opposed to road tolls (references s 92 Constitution)

Google 19/12  
Grain Producers SA 19/12  
Greenpeace 4/12  
Greeve, K 25/11  
Growcom 4/12  
Guppy, D 14/11

'Globalisation and the digital revolution'. Identifies five areas of concern in relation to competition within globalised digital environment: cross boarder restrictions (eg, concerned Australian consumers can only insure with domestic insurers); behind the border barriers (eg, licenses, failure to recognise equivalent qualifications, language tests can be used in anti-competitive manner); geo-locking of delivery and geo price differentials; geo-blocking of media and information access (such as Netflix); trade agreements (concerned at US push for inclusion of extraterritoriality clauses).

Comments on specific recommendations:

  • Road transport (opposed)
  • Coastal shipping(support removal of cabotage restrictions on airlines)
  • Intellectual property review (support in trade agreements - Aus IP rights should be same as partner rights - notes protecting IP essential for commercialisation of IP)
  • Parallel imports (wants geo-lock pricing considered and resist moves to criminalise removing or by-passing geo-locking or pricing)
  • Regulation review (wants full investigation of how regulations became 'behind the border barriers' and want to make it easier for complainants to lodge a complaint)
  • Electricity, gas and water (claims recommendation fails to understand or acknowledge 'non-competitive landscape created by economy of scale' - infrastructure services properly addressed by Government via taxation system)
  • Price signalling (agree with recommendation to repeal, save in relation to supermarket 'special' advertising which is a 'clear price signal to competitors')
  • Misuse of market power (wants to improve mechanisms for ease of lodging complaints and for dealing with unintended negative consequences of competition (examples provided) and wants 'framework for complaints that separates grumbling from genuine abuse of market power concerns and which expedites the investigation process'
  • Price discrimination (supports recommendation - states it = 'removal of geo locks and geo pricing structures' and resist 'moves to criminalise removal or by-passing of geo locking and geo pricing')
  • Mergers (doesn't express view other than that doubling up on process delays completion of business)
  • Small business access to remedies (wants development of specific, easy and cost-effective dispute resolution system for small business)
  • Retail trading hours (supported - also wants removal of penalty rates)

 

   

H

   
Hachette Australia 4/12  
Hackett, M 14/11

"Have your say"
Retail trading hours (does not wish to lose family days)

Hamelink, F 14/11

"Have your say"
Opposed to road tolls

Harper Collins Publishers Australia 25/11  
Health Insurance Restricted and Regional Membership Association of Australia 25/11  
Heaton, L 14/11

"Have your say"
Claims lack of competition in Australia - wants more - fed up with being ripped off

Heerey AM QC, P 25/11  
Heiller, J 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Helmore, B 14/11

"Have your say"
Retail trading hours (opposed to change)

Hoad, R 4/12  
Hobson Bay Council 4/12  
Hogg, N 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Holden, A 14/11

"Have your say"
Parallel imports - opposed to removal of restriction, claiming it is motivated by 'blind faith in free-market ideology'.

Holiday and Short Term Rental Industry Association 19/12  
Housing Industry Association of Australia 19/12  
HoustonKemp 19/12  

 

   

I

   
Ice Box Liquor 4/12  
Iddon, K 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

IGA Cashmere 14/11

Claims entry of Woolworths and Coles into Liquor and Hardware industries has produced unfairness by reducing the number of those stores owned by private individuals. Wants rules and regulations to ensure survival of small business and guarantee 'fair competition'.

IGA Tugun Beach 25/11  
IGA Walloon 14/11

"Have your say"
Concerned about a future landscape made up of big retail outlets and limited diversity. Growth of Coles and Woolworths cases independents to suffer - particular concern expressed about further deregulation of trading hours.

IGA X-Press Alexandra Hills 14/11

"Have your say"
Claims any policy that would increase market share and trading hours would be detrimental to small retail business and all independent Australian retailers. Strongly oppose changes to current legislation.

IGA X-Press Kangaroo Point 14/11

Claims its retail store is the 'hub of the community' and that the increasing 'market power and dominance of the two major chains is putting at risk real competition and consumer choice'.

  • Support effects test for s 46 (Misuse of Market Power) but want original wording of s 46 to remain unchanged.
  • On state planning and zoning, disagree with principle that more floor space and more entrants = more competition because chains with most capital resources will 'crowd out family owned businesses' and reduce consumer choice.
  • Request current restrictions on trading hours be retained.
iiNet 4/12  
Independent Contractors Australia 4/12  
Independent Schools Council of Australia 19/12  
Independent Schools VIctoria 19/12  
Industry Super Australia 4/12  
InfraShare Partners 19/12  
Ingham Family Medical Practice 19/12  
Institute of Patent and Trade Mark Attorneys of Australia 25/11  
Institute of Public Accountants 25/11  
Insurance Australia Group 4/12  
Insurance Council of Australia 4/12  
International Chamber of Shipping 19/12  
IPART 4/12  

 

   

J

   
Jacobs, A 14/11

Claims must be level playing field for competition which does not currently exist and has not since dollar was floated - submission focuses on 'faulty rates of exchange'

Jemema 25/11  
Jepson, P 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Jepson, P (submission 2) 14/11

"Have your say"
Concerned about recommendations to increase competition in taxi and pharmaceutical industries - concerned about customer safety and security if greater competition introduced.

Jesuit Social Services 4/12  
Johnson, R 25/11  
Joint Councils of Social Service 4/12  
Jones Day 25/11

RPM focus - 'RPM would benefit from a reform to adopt a competition-based test' - if no change to competition test, at minimum notification should be extended to RPM as recommended in draft report (also suggest Panel should provide guidance to ACCC on matters to be considered in respect of notification).

Jones, P 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Just Vacuums 25/11  
Just Vacuums (submission 2) 25/11  
Justice & Internatioanl Mission, SYnod of Victoria & Tasmania, Uniting Church in Australia 4/12  

 

   

K

   
Kay, D 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Kemp, K 4/12  
Kennedy, J 14/11

"Have your say"
Retail trading hours (opposes proposal to change public holidays - family/lifestyle reasons)

Kepnock Residents Action Group 4/12  
King, T 14/11

"Have your say"
Opposed to road tolls

Klerks, G 14/11

"Have your say"
Retail trading hours (opposed to expansion - family time)

Kosta, P 14/11

Opposed to road tolls (references s 92 Constitution)

Kouris, P 14/11

Opposed to road tolls ('economic rationalism gone mad')

KPMG 14/11

Attaches paper: 'Unleashing Value: Rethinking Regulation in the Human Services Sector' - particularly relevant re: focus on need to deepen competition in human services economy.

Kypri, K 4/12  

 

   

L

   
Lacey, J 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Lanzon, R 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Large Format Retail Association 4/12  
Lateral Economics 19/12  
Law Council of Australia - Competition & Consumer Committee 4/12  
Law Council of Australia Business Law Section - Competition & Consumer Committee 19/12  
Law Council of Australia Business Law Section - IP Committee 19/12  
Law Council of Australia Business Law Section - SME Committee 19/12  
Lawrence, J 14/11

"Have your say"
Opposed to road tolls (claims double-charging)

Lawrence, J (submission 2) 14/11

Separate submission opposing road tolls (consistent with 'have your say' submission, above)

Leschen, R 14/11

"Have your say"
Opposed to road tolls (claims double dipping -theft - references Constitution)

Leslie, P 14/11

"Have your say"
Opposed to road tolls

Local Government Association of Queensland 4/12  
Local Government Association of Tasmania 25/11  
Long, M (SDA) 14/11

"Have your say"
Retail trading hours (opposed to change). Also notes we are a 'Heathen Country' and notes talk of 'doing away with Scripture in State school' and that most state schools 'do not have a prayer at their assemblies

Long, P 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Lynch Group QLD 25/11  
Lynch, T 19/12  

 

   

M

   
Mair, P 4/12  
Maleli, V 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Manly Council 23/1  
Manson, A 14/11

Opposed to road tolls (references s 92 Constitution)

Maribyrnong City Council 4/12  
Marks Supa IGA 25/11  
Marsden Jacob Associates 4/12  
Master Builders Australia 25/11  
Master Electricians Australia 4/12  
Master Grocers Australia and Liquor Retailers Australia 4/12  
MasterCard 19/12  
Mattingley, R 14/11

Opposed to road tolls (references s 92 Constitution)

McCusker Centre for Action on Alcohol and Youth 25/11  
McDougall, G 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

McInnes, R 25/11  
McLean, G 14/11

"Have your say"
Concerned about dominance of major chains threatening small business.

McLeod, M 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

McManus, J 25/11  
Medical Technology Association of Australia 25/11  
Melbourne Airport 19/12  
Menzies, G 14/11

'Economic consideration regarding removal of public holidays'.

Minter Ellison 4/12  
Mitchelton IGA Express 23/1  
Moir, H 25/11  
Monash Business Policy Forum 4/12  
Morgan, W 14/11

"Have your say"
Opposed to road tolls

Morrison, C 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Motor Trades Association of Queensland 4/12  
Municipal Association of Victoria 4/12  
Myer Holdings 19/12  

 

   

N

   
National Alliance for Action on Alcohol 4/12  
National Centre for Education and Training on Addiction 4/12  
National Competition Council 25/11  
National Disability Services 4/12  
National Drug and Alcohol Research Centre 25/11  
National Employment Services Australia 4/12  
National Farmers Federation 19/12  
National Insurance Brokers Association of Australia 4/12  
National Irrigators' Council 4/12  
National Organisation for Fetal Alcohol Spectrum Disorders 4/12  
National Retail Association 4/12  
National Roads and Motorists Association 19/12  
National Seniors Australia 19/12  
Neal, J 4/12  
New Generation Earthmoving Fabrications 4/12  
New Zealand Commerce Commission 25/11  
Nick's Supa IGA 14/11

Concerned about deregulation of trading hours - will decrease their sales and reduce competitions as more independents shut down.

Nolan, R 14/11

"Have your say"
Retail trading hours (opposed to change re: public holidays - family reasons)

Noonans IGA Express/BP Ashgrove 14/11

"Have your say"
Concerned that changing trading hours will negatively impact on small and medium retail businesses.

Northern Territory Government 6/2

Draft policy recommendations

  • runs through each of these - most supported in principle (some with reservations)

Competition laws

  • supports measures to 'streamline and simplify' competition laws but 'reserves its position on the application of competition law to government activities' until it can fully assess implications on the Territory

Institutions and governance

  • runs through each of these. Establishment of ACCP and its proposed roles is supported in principle; recommends ACCP have mandatory information-gathering powers for purpose of undertaking market studies; generally supports other recommendations on institution and governance, but requires more information before view can be formed 'as to whether access and pricing functions should be undertaken by a single regulator

Retail markets

  • Supports removal of restrictions on retail trading hours and removal of pharmacy ownership and location rules
NSW Business Chamber 19/12  
NSW Government 4/12  
NSW Irrigators' Council 4/12  
NSW Taxi Council 4/12  

 

   

O

   
O'Donnell, C 4/12  
Office of the Australian Small Business Commissioner 23/1  
Office of the Gene Technology Regulator 4/12  
Om Mahalaxmii Pty Ltd 19/12  
Optus 19/12  
Origin Energy 4/12  
Orr, K 14/11

"Have your say"
Retail trading hours (opposed to change re: public holidays - family reasons)

Our Children, Our School 4/12  

 

   

P

   
Packer, B 14/11

"Have your say" (owns and mnages IGA X-press)
Retail trading hours (opposed to extending retail hours of Coles and Woolworths)

Palmer, M 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Parrella, R 14/11

Taxi industry. Taxi owner and operator in Brisbane. Concerned with lifting caps on taxi licenses in Queensland and concerned about alleged 'unfair' competition and 'illegal operations' of 'the uber and sidecar taxi apps'.

Partnering for Transformation 4/12  
Pattenden, B 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Pedersen, M 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Penguin Random House 4/12  
Pharmaceutical Society of Australia 4/12  
Pharmacy Guild of Australia 4/12  
Phibbs, P 25/11  
Piercy, D 14/11

"Have your say"
Opposed to road tolls

Planning Institute of Australia 19/12  
Plastics and Chemicals Industries Association 23/1  
Poulier, M 14/11

"Have your say"
Opposed to road tolls (criticises comparison iwth Singapore and London)

Pratap, R 14/11

"Have your say"
Opposed to road tolls

Priestley, C 23/1  
Prince Supermarkets 14/11

Claim survival in market dominated by Coles and Woolworths depends on:

  • trading hours (concerned removing this advantage would further reduce market share and make some stores economically unviable)
  • serving smaller catchments (claims Coles and Woolworths are prepared to open large stores that are 'demonstrably uneconomic with the goal or eliminating local competition' and claims this is a misuse of market power)
  • supporting smaller suppliers and growers (claims they are typically local and precluded from supplying national chains and would go out of business if duopoly gains more share)
  • community support (only possible where business successful)
Private Healthcare Australia 4/12  
Printing Industries Association of Australia 19/12  
Public Health Association of Australia 23/1  

 

   

Q

   
QBE 4/12  
Queensland Competition Authority 4/12  
Queensland Consumers Association 25/11  
Queensland Government 23/1  
Queensland Hotels Association 25/11  
Queensland IGA State Retail Board 25/11  
Queensland Law Society 25/11  
Queensland Nurses' Union 25/11  
Queensland Writers Centre 19/12  
Quinn, N 4/12  
     

R

   
Raitt, G 14/11

Detailed submission on misuse of market power ('no demonstrated need for change' concerned about proposed reverse onus) and mergers (current merger review porocesses should not be changed and review 'should endorse 'total welfare' as over-riding policy objective informing the competition law regulation of dominant firm conduct and mergers'

Ramsay Health Care 4/12  
RAWS Association 4/12  
RBB Economics 4/12  
Real Estate Institute of Australia 4/12  
Regional Victorian not-for-profit agencies 4/12  
Retail Guild of Australia 19/12  
Rio Tinto 4/12  
Ritchies Stores 25/11  
Robin Room 25/11  
Razvaliaev, N 14/11

Opposed to road tolls (references s 92 Constitution)

Rodger, I 14/11

"Have your say"
Opposed to road tolls

Rose, G 14/11

"Have your say"
Opposed to road tolls

Roseworne, D 14/11

"Have your say"
Opposed to extended retail hours (work/life balance)

Roy Hill Infrastructure 19/12  
Royal Australasian College of Physicians 19/12  
Rushbuey, G 14/11

"Have your say"
Opposed to road tolls (their introduction would be a 'retrograde step back to the Dark Ages')

Russell Family Fetal Alcohol Disorders Association 14/11

Regulation of licencing re: alcohol. Support submission prepared by Foundation for Alcohol Research and Education (FARE). Concerned recommendations 'will greatly increase the availabiliy of alcohol in Australia and lead to significant increases in alcohol harms'

Ryans Supa IGA 25/11  
Rykris Pty Ltd 25/11  

 

   

S

   
SA Network of Drug and Alcohol Services 4/12  
Sandeva, V 14/11

"Have your say"
Simply states 'I oppose the changes'. Not clear which one(s)

Sandeve, V (submission 2) 25/11  
Sandham, J 14/11

"Have your say"
Simply states 'Bring it on. I'm so sick of paying more, more, and more. What are we waiting for'

Santos Retail 14/11

Family grocery business

  • Support effects test for s 46 (Misuse of Market Power) but want original wording of s 46 to remain unchanged.
  • On state planning and zoning, disagree with principle that more floor space and more entrants = more competition because deep pocket businesses will 'crowd out family owned businesses' and reduce consumer choice.
  • On access to justice, claim 'cost prohibitive for an independent supermarket or liquor store owner to bring an action with the Federal Court seeking relief from anticompetitive behaviours ...' - argues for 'no cost orders' and a mandatory enforceable Supermarket and Liquor store Code of Conduct.
Seafood Industry Victoria 4/12  
Seddon, N 14/11

Application of law to government activity (draft recommendation 19) - submits it would not be 'practical or rational' to limit the proposal to Part IV. Notes discussion on small business and the ACL is limited to unconscionable conduct - does not mention misleading or decpetive conduct (s 18 ACL) - submits it's just as important that s 18 and ACL generally should apply to government as it is in relation to Part IV.

Shipping Australia Limited 4/12  
Shop Distributive and Allied Employees' Association 25/11  
Shopping Centre Council of Australia 4/12  
Sidney, J 25/11  
Sigma Pharmaceuticals 4/12  
Slaughter, T 14/11

"Have your say" (IGA Springfield Lakes)
Claims being 'strangled by the big duopoly in Coles and Woolworths' - claims not a level playing field - cannot compete (no specific recommendations discussed)

Small Business Development Corporation 19/12  
Smith, D 4/12  
South Australian Freight Council Inc 23/1  
South Australian Government 4/12  
South Australian Independent Retailers 4/12  
Spier Consulting Legal 23/1  
Spinifex Press 25/11  
Standards Australia Ltd 4/12  
Stanley, M 4/12  
Steensby, W 25/11  
Steinwall, R 4/12  
Stevenson, H 14/11

"Have your say"
Pharmacy regulation (opposed to de-regulation - claims it would risk health if supermarkets were allowed to operate pharmacies)

Stevenson, H (submission 2) 14/11

"Have your say"
Wants competition rules to be considered carefully - claims haivng 'grocery shop in a suburb and allowing another selling grocery within walking distance of each other is not competition'. Also concerned there are already too many liquor licences. Also claims imports into Australia 'should be carefully looked at and restricted when needed'.

Stewart, I 4/12  
Suncorp Group 19/12  
Supa IGA Maryborough 14/11

"Have your say"
Opposed to deregulation of trading hours - losing exclusive trade periods will make small business financially unsustainable.

Supa IGA Pialba 14/11

"Have your say"
Argues legislation and management needs to address the benefit to the entire process and that lower consumer prices is 'not a valid test on its own'.

Surf Beach IGA 14/11

Claims 'increasing market power and dominance of the two puts at risk robust competition and retail diversity'.

  • Support effects test for s 46 (misuse of market power) which will protect competition and consumer choice by deterring big business from 'crowding out' and desroying small business. However, would like original wording in s 46 to remain unchanged to capture 'anti-competitive behaviours, irrespective of whether they substantially lessen competition' such as predatory pricing, capacity and anti-competitive price discrimination.
  • On state planning and zoning, disagree with principle that more floor space and more entrants = more competition because deep pocket businesses will 'crowd out family owned businesses' and reduce consumer choice.
  • On access to justice, claim cost of misuse of market power actions is too high - argues for 'no cost orders' and a mandatory enforceable Supermarket and Liquor store Code of Conduct.
Sydney Alliance for Community Building 25/11  
     

T

   
Tack, S 25/11  
Tasmanian Government 23/1  
Tasmanian Small Business Council 4/12  
Taxi Council Queensland 25/11  
Ted Noffs Foundation ACT 14/11

Alcohol - concerned recommendations will increase availability and lead to singificant increases in alcohol harms. Support submission prepared by Foundation for Alcohol Research and Education (FARE).

Telstra 4/12  
Text Publishing Company 4/12  
The Australian Chamber of Fruit and Vegetable Industries 4/12  
Toys and Things 14/11

"Have your say"
Concerned about internet sales offering cheaper lower prices - concerned about safety standards - wants customs to check every parcel and slow down process to encourage consumers to buy locally.

Thomas, R 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution)

Thompson, G 14/11

"Have your say"
Concerned about disparate costs in Australia v overseas (compares cost of motorcylce parts in USA and Australia) - claims 'blatant profiteering').

Thurley, D 23/1  
Trad, K    
Transport Reform Netowrk 23/1  
Tree Contractors Association Australia 23/1  
Turner, I 23/1  
Tyro Payments Limited 25/11  

 

   

U

   
Uber 4/12  
Unions NSW 19/12  
Uniting Care Australia 19/12  
UnitingCare Queensland 4/12  
Urban Development Institute of Australia 14/11

Land restrictions - planning, zoning, development. Current restrictions 'pose considerable barriers to effective competition'. Supports draft report's recognition of impact of land use restrictions re: market power and barriers to entry, the need to remove unnecessary constraints, the recommendation to 'introduce a greater focus on competition principles and economic objectives into planning decisions' and recommendations on competitive neutrality.

 

   

V

   
Van de Zandt, A 14/11

"Have your say"
Opposed to road tolls

Vector Limited 4/12  
Vellenoweth, L 14/11

"Have your say"
Opposed to road tolls (references s 92 Constitution and s 12 Human Rights Charter)

Ventura Health 19/12  
Veryzer, J 14/11

Opposed to road tolls (references s 92 Constitution)

VicHealth 4/12  
Victorian Alcohol and other Drug Association 4/12  
Victorian Caravan Parks Association 25/11  
Victorian Local Governance Association 19/12  
Victorian Small Business Commissioner 14/11

Focus on recommendation 49 - small business access to remedies.

Virgin Australia 19/12  
Vodafone Hutchison Australia 19/12  

 

   

W

   
WA Independent Grocers Associatin 4/12  
Walton, F 14/11

Opposed to road tolls (references s 92 Constitution)

Water Services Association of Australia 4/12  
Watson, T 14/11

Opposed to road tolls (references s 92 Constitution).

Wesfarmers 19/12  
Westbury’s Mundingburra IGA 14/11

Notes that in Townsville over last 12 years independent retailers have reduced from 11 supermarkets to six - claims this is based on:

  • increase of allowable trading hours for Coles and Woolworths (and concerned further increase would further reduce prevalence of IGA outlets)
  • 'Unfair practice of Land Banking and developer relationships'
  • Local developers gaining interest from independents for leasing and then providing duopoly 'with the counter option to increase their original offer'
  • 'Unfair trading offers through current liquor licencing restrictions'
  • 'Unfair trading offers through petrol products'

Argues for a 'means test' on all proposed grocery retail developments and their effects on competitors and wider shopping community - also suggests establishment of 'a store per capita'. Argues for amendment to liquor licencing legislation to allow independents to apply for a liquor licence.

Western Australian Local Government Association    
Western Australian Network of Alcohol and other Drug Agencies 19/12  
White's Grocers 25/11  
Whitehead, R 25/11  
Whittaker, J 14/11

"Have your say"
Thinks reduced competition is a good thing in some areas. Also does not believe GM crop debate is a competition issue but a 'contamination and food safety issue'.

Whitten, M 14/11

"Have your say"
Supermarket focus - concerned at impact on indepenents (all caps)

Williams, S 14/11

"Have your say"
Opposed to extended retail hours (family time)

Wilson, J 14/11

Independent grocery sector - wants to cap power of majors. Wants mandatory supermarket and liquor store code of conduct. Support introduction of effects test for s 46 (misuse of market power) but want original wording unchanged. On state planning and zoning, disagree with principle that more floor space and more entrants = more competition because deep pocket businesses will 'crowd out family owned businesses' and reduce consumer choice. On access to justice, claim 'cost prohibitive for an independent supermarket or liquor store owner to bring an action with the Federal Court seeking relief from anticompetitive behaviours ...' - argues for 'no cost orders' and a mandatory enforceable Supermarket and Liquor store Code of Conduct.

Woolley, K 25/11  
Woolworths Limited 19/12  
Wright, D 4/12  
Wright, J 4/12  
Wright, J (submission 2) 4/12  
Wylie, I 19/12  

 

   

Z

   
Zodins, K 14/11

"Have your say"
Opposed to road tolls