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Hot Air

Tuesday, 8 March 2022

Commerce Amendment Bill

Clauses 1 to 3
HansardID: 124157fa-77fe-4ec4-83b3-427659d6b3bf
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🗣️ Speech Chris Penk (New Zealand National Party — Member for Kaipara ki Mahurangi)
Time unknown

Thank you very much, Madam Chair. A reckless call on my part but, luckily for us all, you’ve accepted it. Just a quick one on the commencement provisions of this bill. I note that there are a number of different time frames for the bill to come into effect, a number of sections, and I’ll do everyone a favour and not read them all out. But within clause 4 are a number of subclauses to commence one month after Royal assent, and the Minister was good enough to engage in a discussion with me earlier about the fact that originally the bill had that at a 12-month mark for one of those. It was in relation to the penalty for anti-competitive behaviour, and he let me know that that was reduced. He agreed, essentially. The Government agreed on the recommendation of the select committee.

But there was another provision, namely clause 38(1), which commences six months after the Royal assent, and the remainder of the Act on the first anniversary—so, that’s obviously 12 months. So I’m just wondering if the Minister can explain, just for the sake of the record and not because I’m doubting particularly the appropriateness of the time frame, but just to, sort of, ventilate for the public record that the purpose of that staggered introduction, including in relation to—I think I’m right in saying there’s some timing that relates to an epidemic notice. So, any guidance the Minister can give on that is much appreciated.

🗣️ Speech Simon Watts (New Zealand National Party — Member for North Shore)
Time unknown

Very sensible questions from my colleague there, Chris Penk. I want to just go into another related area around the commencement date, which links again to the questions that I raised before around the penalties, which were in new section 83(3), in clause 28 of Part 1. What we’re referring to here is in the commencement of those penalties under clause 2 of the bill, and I’m interested in regards to the timing of those changes coming into effect. Obviously, the maximum penalty now being $500,000 for an individual is significant and there is a period of time, no doubt, that would be needed in order to—a lead-in time in regards to that. I’m interested in the Minister providing context and comfort around why the commencement time line is what it is within that section. Thank you.

Clause 1 agreed to.

Clause 2 agreed to.

Clause 3 agreed to.

Bill to be reported with amendment.

🗣️ Spoke in this debate (2)

  • Chris Penk (New Zealand National Party — Member for Kaipara ki Mahurangi)
  • Simon Watts (New Zealand National Party — Member for North Shore)