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Lithium battery fires have featured far too often in news headlines. These fires often ignite without warning, they’re difficult to extinguish and are not confined to #EVs. Everything from eScooters to electric toothbrushes carries the risk for #thermal runaway and considered hazardous materials.

I asked about the ACCC’s report on Lithium-Ion Batteries and Consumer Product Safety during the recent senate estimates. The report advocates for a national product safety incident database to capture lithium ion battery fires.

Senator Gallagher responded positively and I look forward to quick action on this problem from the Government.

Transcript

Senator ROBERTS: I want to refer to the ACCC’s Lithium-ion batteries and consumer product safety report that you issued this month. On page 6 it says: 

… there is currently no national product safety incident database to capture data and support national identification and analysis of consumer product safety hazards. Instead, product safety incident data is fragmented across a range of government and non-government organisations. With appropriate funding, the ACCC considers it is best placed to administer a national product safety incident database— 

which would include capturing lithium ion battery fires— 

and recommends the ACCC is funded to develop and administer this. 

Minister, electric products catching on fire seems to be a frequent and very serious problem. Tracking the data accurately would help inform the debate, assist customers to make good decisions and probably save lives. When will you implement this recommendation? 

Senator Gallagher: Sorry, I don’t have the recommendation you’re referring to. 

Senator ROBERTS: The ACCC recommends that it be the one to monitor and capture the data on lithium ion battery fires. 

Senator Gallagher: I imagine this is something that will need the attention of governments. I’ve been watching it myself, with more and more reporting of these matters. I think it’s probably something that the federation is going to have to deal with, as it crosses over a number of responsibilities that would be state and Commonwealth. 

Senator ROBERTS: Thank you. 

I’m concerned about the increasing influence of large, predatory merchant banks on the Australian economy. You’ve heard the names mentioned — Blackrock, First State, State Street, Vanguard and Norges. While their shareholdings may be small, typically 5 – 8% each, when they act together these shareholdings amount to a controlling interest over targeted industries.

These include our retailing duopoly, Coles and Woolworths and our Big-4 banks: Commonwealth, ANZ, NAB and Westpac/St George.

I asked the Australian Competition and Consumer Commission (ACCC) about the way that our banking sector behave like a monopoly — one set of owners with multiple logos. The answers were encouraging but the ACCC needs more power to control these predatory merchant banks.

I also asked about de-banking, which is the process that the Big-4 use their market power to harm or close businesses that compete with them, including cryto exchanges and bullion dealers. The biggest competitor of all though, is actually cash. Physical money competes with more traceable and profitable electronic banking. Banks are closing branches, pulling out ATMs and generally trying to engineer a cash-free society for their profit and control.

These questions were my first to ACCC in quite some time. The answers were sharp and well informed and I look forward to developing these lines of inquiry next estimates.

Transcript

CHAIR: Senator Roberts. 

Senator ROBERTS: We don’t call the ACCC very often because it seems you do a very good job. To improve banking competition—and that’s needed—do we need more regulation or more independent banks providing competition? Which is it? 

Ms Cass-Gottlieb: We want both. 

Senator ROBERTS: Okay! The ACCC refused permission for ANZ to acquire Suncorp bank on competition grounds? 

Ms Cass-Gottlieb: We did. 

Senator ROBERTS: That was a very good decision. Would it improve competition in Australian banking if Suncorp was now purchased by a third party not currently involved in banking? 

Ms Cass-Gottlieb: Firstly, I should note that ANZ and Suncorp have taken an action for review in the tribunal and that decision will come down next week, and so we await that decision. It may or may not be the same decision as the ACCC’s. However, our decision reflected that we were not satisfied that there would not be a substantial lessening of competition and either Suncorp continuing independent, as it is now, or being acquired by another party—one of the possible alternative transactions that was identified was, for instance, merger with an alternative regional bank or smaller bank—or by a party that is not currently a participant in the banking sector, would each retain the independent, competitive constraint. 

Senator ROBERTS: In your progress report on the digital platform services inquiry, you made the point that the ACCC continues to recommend the introduction of new and expanded industry-wide consumer measures, including prohibition on unfair trading practices. What industries or perhaps what context informed that request for more power? 

Ms Cass-Gottlieb: The ACCC is looking for that reform across the economy. We do see that, in terms of digital platforms—for instance, in online trading, subscription traps are a good example—there is a significant capacity to have unfair practices and processes that deprive consumers of the ability to make informed choices. But we do see these problems across the economy. The government is proceeding through a consultation process, which will conclude in November of this year, and we hope this will result in the introduction of an unfair trading practices prohibition across the economy. 

Senator ROBERTS: As to PEXA—I think they’re the conveyancing people? 

Ms Cass-Gottlieb: Yes. 

Senator ROBERTS: Would PEXA’s near-monopoly in electronic conveyancing be an area where you would like more power to keep an eye on their use of market power? 

Ms Cass-Gottlieb: We are hopeful that ARNECC, which is the current regulator, will be in a position to require compliance with the steps towards interoperability, which had been hoped for and planned, so that there will be a capacity to result in meaningful competition. 

Senator ROBERTS: You approved the merger of the Armaguard and Prosegur cash handling businesses—against opposition from the free market, which fears losing the ability to negotiate on price—with the justification of keeping these businesses going. Are you confident the merged entity is viable and capable of holding 90 per cent of the Australian market long-term—let’s say, up to 2030? 

Ms Cass-Gottlieb: It is correct that we did approve that merger on condition of an undertaking. We were particularly conscious of the matters that were put before us relating to the loss of viability for two competing providers of cash-in-transit services, as there was such a significant decrease in the use of cash, particularly brought on during the period of COVID. Under that undertaking, which is effective for three years, the merged entity is required to continue to offer the services to all locations that are currently serviced. It also limits the ability to reduce service levels and raise prices. We do monitor compliance with all undertakings we accept. We do know that the merged entity states that there have been further changes that call into question its continued viability. We have granted an interim authorisation that was sought by 20 members of the Australian Banking Association, the Reserve Bank of Australia, Treasury, Australia Post and suppliers of cash-in-transit services—a whole set—that were seeking to be able to negotiate to try to reach a resolution for continued cash-in-transit services on acceptable terms. As a condition of that interim authorisation, we required that there be public reports monthly in relation to the discussions, because it was quite a significant authorisation that we enabled for those negotiations. We have just this week received the first report, and it’s available on our register. 

Senator ROBERTS: Banks are refusing to accept or issue cash to profitable small players like Commander Security. This company has been de-banked by the big four and now even a customer owned bank. Banks are closing branches, pulling out ATMs and refusing to give cash to their own customers in a situation where identity and use of cash has been established. Cash is, in effect, a competitor to the bank’s dream and the customer’s nightmare of making a fee on every transaction and service every person makes. Are banks misusing their market power to eliminate cash as a competitor to their own electronic payment systems and drive customers to fee-paying services? That’s what it appears to be. 

Ms Cass-Gottlieb: We do currently have a misuse of market power action relating to financial services in the court against MasterCard. We certainly look closely at misuse of market power questions in relation to financial services. There are a series of complex questions in there, including on the closure of branches, which APRA does monitor and report on. We have also reported on our concerns in relation to the manner in which there is muted competition between the banks—for instance, in relation to retail deposit products—and sought recommended regulation that will better inform customers so they can better exercise choice in the products that they acquire. It is difficult to separate what changes are occurring commercially because of the changes in the economy— 

Senator ROBERTS: Yes, it is difficult to know who’s the horse and who’s the cart. 

Ms Cass-Gottlieb: Exactly—what the boundaries are. But we do look at all these questions very carefully, both in terms of enforcement and in terms of monitoring, and we are hoping to continue financial services monitoring because we think they are essential services for Australian families. 

Senator ROBERTS: Are you aware of the Senate inquiry into the closure of rural bank branches? 

Ms Cass-Gottlieb: Yes, we are. 

Senator ROBERTS: It seems quite clear from the one that I’ve taken part in that it’s the banks driving the reduction in cash. It seems very clear to us, but, anyway, that’s a matter for you. Banks are refusing to provide banking services to their customers. It’s not just private cash handling companies; it’s bullion dealers and legitimate cryptocurrencies being de-banked. Last week, Bankwest limited how much their customers could spend on buying crypto. Is this another case of the banks misusing their market power to harm the operation of a competitor, and is it worthy of your scrutiny? 

Ms Cass-Gottlieb: The ACCC participated in a working group and taskforce, together with APRA, the Reserve Bank, AUSTRAC and Treasury, with a concern about de-banking. One of the recommendations from that was that there needs to be better data collection, to be able to better measure and monitor the pattern of and conduct in de-banking, and also that there needs to be more clarity in terms of the anti-money-laundering and counterterrorism financing requirements, which are bases upon which banks say that they need to make risk assessments and, at times, de-bank. So there was a desire to try to reduce that conduct. 

CHAIR: This is your last question. 

Senator ROBERTS: Something that few people seem to be aware of—I’m guessing you are aware of that—is that the major banks, the big four banks, would seem to be one bank with four logos. I say that because their services are similar, their strategies are similar and their modes of operating are similar. They’re largely owned, as I said, by super funds who don’t take an active interest and by mums and dads who don’t take an active interest. That leaves a controlling interest in the hands of four or five major, predatory global companies: BlackRock, Vanguard, State Street, First State and one other. They control, it seems, the big four banks. The banks have enormous power here. They have enormous legal power. They’ve got deep pockets to hire the best lawyers. They’ve got complex regulations that they can hide behind and with which they can really beat up on an individual. They’ve got enormous market power. I think they have 90 per cent of the cash deposits. They have enormous financial power, and, as I said, they hide behind regulations. 

CHAIR: This is a very long last question, Senator Roberts. 

Senator ROBERTS: Is there any thought of giving scrutiny or understanding to the companies that I mentioned—BlackRock, Vanguard, State Street, First State—and their influence over each of the big four banks that they control? 

Ms Cass-Gottlieb: We’ve certainly been contemplating the benefits of continued monitoring, particularly in relation to key services that the banks provide. Also, a part of the Suncorp-ANZ decision looked at concerns in terms of the capacity of the major banks with very similar business models to engage in a problem of what is called ‘concerted effects’. In effect, their responses to competitive signals are similar because of their similar structures. So we are conscious of those risks, and we do seek, both through monitoring and through powers that we have in relation to concerted practices, to watch carefully for these sorts of concerns. 

Senator ROBERTS: We do know that BlackRock, Vanguard and State Street control a lot of major companies around the world and control a lot of companies and a lot of industries. 

CHAIR: Thank you, Senator Roberts. 

Senator ROBERTS: Thank you. 

The ACCC ruled last year that allowing ANZ to buy Suncorp would reduce banking competition. Today, the Australian Competition Tribunal disagreed and allowed the merger.

The Tribunal’s decision is a wasted opportunity when Suncorp should have been bought and turned into a People’s Bank. There is some logic to the Tribunal’s decision. Australian banks are, at best, a cartel and at worst, a monopoly – one bank with many logos. In short, there must be competition before that competition can be lessened. Our banks do not compete – they work together.

This is a result of the same foreign merchant banks holding controlling shareholdings in all of Australia’s major banks. In turn, the banks behave in exactly the same way, offering almost identical risk management, products, fees and charges.

Banks are working in collusion to close bank branches and eliminate cash, to force everyday Australian consumers into more electronic banking services, from which banks profit.

Banks are acting together to de-bank competitors like crypto exchanges and bullion dealers, using their market power to squash their competitors. The result is obscene profits ($35 billion last year), much of which is sent as dividends to foreign merchant banks.

This is what the Tribunal has decided is an acceptable way to run banking in Australia.

Last year I proposed using the Future Fund to buy Suncorp for their asking price of $5 billion and then turn it into a people’s bank, one that would operate with their customers’ interests at heart, in a fair, ethical and honest manner.

One Nation will continue to campaign for a people’s bank and I call on Treasurer Jim Chalmers to use his powers to direct the ACCC to investigate collusion, common ownership and restrictive trade practices being conducted by the Big 4 banks.

It’s time to force real competition between the banks and establish a People’s Bank.

I spoke in support of the Competition and Consumer Amendment (Continuing ACCC Monitoring of Domestic Airline Competition Bill 2023) introduced by the Coalition.

The Morrison Government first put airline monitoring in place in June 2020. For some reason, the Albanese Government decided not to continue this monitoring. Yet, the ACCC’s own reporting has identified ongoing issues due to the lack of competition in the industry — issues with the quality of service, running behind schedule and cancelled flights are becoming far more common.

Qantas and Virgin are failing to keep to expected standards of operation while exploiting their market power to protect their market share. This is crony capitalism and indefensible. Only healthy competition will ensure the airlines maintain their standards.

We have one flag, we are one community and we are one nation. Restoring and defending competition in oligopolistic markets is a government obligation, an obligation that One Nation will work to ensure the government fulfils, for the benefit of airline passengers and the whole country.

Transcript

As a servant to the many different people who make up our one Queensland community, I speak to the Competition and Consumer Amendment (Continuing ACCC Monitoring of Domestic Airline Competition) Bill 2023, and I commend Senators McKenzie and Smith for advancing this bill. The bill amends the Competition and Consumer Act 2010 to direct the Australian Competition and Consumer Commission, the ACCC, to continue its monitoring program of prices, costs and profits in the Australian domestic airline industry. 

The Morrison government initiated this monitoring on 19 June 2020, and it sunset in June this year. The Albanese government decided not to continue the monitoring. Perhaps former Qantas CEO Alan Joyce asked the Prime Minister in one of their many meetings for a favour, a favour for Alan Joyce and his masters, Qantas’s shareholders BlackRock, Vanguard, State Street, Goldman Sachs and their cronies. All love monopolies and oligopolies! This Labor government seems to have opened more doors for captains of industry than it does for everyday Australians. 

The ACCC’s Airline competition in Australia report from June 2023 identified ongoing issues connected to insufficient competition within Australia’s domestic airline industry. The lack of competition has led to higher airfares and a decline in service quality. Cancellations have increased from one per cent before COVID to six per cent now. On-time running has fallen from a high of 92 per cent before COVID to just 70 per cent now, which, admittedly, is an improvement on the 64 per cent Qantas and Virgin were managing just a few months ago. By any measure, this poor performance is unacceptable. I remind people that the word ‘Joyced’ has entered the Australian vernacular to describe having one’s travel plans shafted due to Qantas’s incompetence, arrogance and greed. 

The reason Qantas and Virgin are still occupying a position of total market dominance—94 per cent of the market—is that they don’t have any competition. I recall being in a hearing on industrial relations in Rockhampton recently with Qantas government relations people sitting in front of us. I expressed my safety concerns because Qantas’s culture has deteriorated despite having outstanding staff at all levels, from pilots to ground staff to stewards to bookings clerks, all thoroughly competent, committed people. That deterioration has come from the top. The staff are wonderful; the leadership is poor. 

Look at the ‘yes’ campaign livery of an airliner—a 60-metre flying billboard costing hundreds of thousands of dollars to paint the ‘yes’ livery. That shows the arrogance of the Qantas executives because they know that they have domination of the market. They have market control, and market control brings arrogance. They’re also pushing for short-term gains for executive management under their compensation schemes, and then the former executive, Alan Joyce, serves the government politically, in many ways, and he’s done that repeatedly. My big concern is that, when the culture deteriorates—from Qantas’s fine culture of a few decades ago—safety can unwittingly be compromised. That is a vital concern for me. I’ll point out that it’s not regulation that creates a customer focused operation; it’s a competitor running a customer focused operation. 

James Strong did a marvellous job at Qantas—and TAA—before it was privatised. Short of having another wonderful executive come along, it is a competitor running a customer focused operation that creates a customer focused operation and will restore Qantas and Virgin. Free market competition will deliver the lowest price with the highest service and safety every time—if it is allowed to! Sadly, Australia is a small market, and many industries have, over time, become oligopolies. Grocery retailing is another example of a market gone bad into an oligopoly.  

Bonza airlines to took 14 years to get in the air over Australia because of our airline industry’s barriers to entry. Six months after their first flight, the Albanese government terminated the ACCC project that helped Bonza finally get into the air in the first place. Perhaps the final ACCC report from June spooked the government’s big business mates, Blackrock, Vanguard, State Street, Goldman Sachs and their cronies. That final ACCC report found that, while the emergence of small carriers has opened possibilities for increased competition in the domestic airline sector, these airlines would need significant growth to genuinely challenge the dominance of Australia’s largest two carriers. There’s no real competition, even with Bonza in. Restrictions remain favourable to Qantas and Virgin to protect them from direct market competition and force the Australian flying public, the consumers, to pay more than they need to. 

Over the past 20 years, 90 per cent or more of domestic passengers have opted to fly with Australia’s two largest carriers. As of April 2023, these two airline conglomerates accounted for 94 per cent of all domestic passengers. Former Qantas Group executive and Jetstar chief Jayne Hrdlicka is now head of Virgin. So it’s a nice, tidy little cabal. They force regional flyers to pay exorbitant fares. Regions are the bedrock of Australia, and yet we’re asking them to support a monopoly. This bill largely replicates the previous direction. Monitoring will take into consideration the need for commercial confidentiality. The ACCC must publish each report on the website, and the minister must cause the report to be tabled in parliament. In the House Standing Committee on Economics hearing into promoting economic competition in June 2023 Tim Jordan, the Chief Executive Officer of Bonza Aviation, made this statement: 

… the path was lengthy. This project took from late 2009 until early 2023 to come to fruition. That tells you the barriers to entry in Australia— 

14 years— 

It is a sad indictment of the existing duopolistic environment that, although we would have very positive conversations with potential Australian investors, they would conclude— 

‘they’ being the investors— 

‘This sounds great, and we believe in the scale of the opportunity, but unfortunately the incumbents will not allow you to prosper.’ That is a sad indictment of the competitive nature of this market segment. 

I feel Mr Jordan’s pain and the flying public’s pain. 

I know those proposing a new Australian steel industry in North Queensland and northern Western Australia are, despite promising news for the project, hearing exactly the same thing from some investors. The sums add up for an Australian steel industry, adding tens of thousands of breadwinner jobs and national security, yet government incompetence and the woke agenda means these companies will consider investing in foreign markets instead. The actions of the Albanese government in refusing to extend the monitoring are another example of a government that has no clue how to create real jobs and how to lower prices for everyday Australians—at a time of high inflation, high cost of living and high energy prices: stick it to the Australian consumer. 

Mr Jordan went on to say: 

Going back to your point about the barriers to entry, when you have constrained slots— 

That’s the airport gates— 

and other entry issues, such as access to a choice of suppliers, it slows down growth and the ability to accelerate and achieve economic efficiencies so as to continue to be viable. 

The ACCC has much work to do here. Qantas and Virgin must not be allowed to exploit their market power to protect their market share in a manner that is legally indefensible and thereby force Bonza to fail. Bonza must be allowed access to airport gates, access to maintenance shops and access to suppliers at fair market price. Anything else is crony capitalism. 

For those who have been ‘Joyced’—shovelled off to a hotel in the middle of the night instead of sleeping in your bed, had luggage disappear and later return damaged, or missed international connections and been told, ‘Not Qantas’s problem’—no-one could argue we don’t need more competition. No-one could argue that increased competition in the airline industry will lead to increased efficiencies right across the country. Bonza raises the hope of keeping these bastards honest and, at a time of high cost of living and inflation, giving consumers relief. It’s the ACCC’s job to give Bonza every opportunity to do just that. 

I thank Senators Dean Smith and McKenzie for their bill, which One Nation will be supporting. We have one flag, we are one community, we are one nation. Restoring and defending competition in oligopolistic markets is a government obligation, an obligation that One Nation will work to ensure the government fulfils for the benefit of airline passengers and the whole country.