Eric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | Hansard source

I thank Senator McKenzie for her question. The proposed compulsory examination powers of the Australian Building and Construction Commission are both reasonable and employed by a broad range of government agencies such as the Australian Competition and Consumer Commission, the Australian Prudential Regulatory Authority, the Australian Securities and Investment Commission, the Australian Taxation Office, Centrelink and Medicare. All of them had these powers to compulsorily examine witnesses throughout Labor's government over the past six years.

In almost every respect the existing powers of these agencies are comparable to, if not stronger, than those proposed for the ABCC. For example, the ABCC would not be permitted to exercise its powers unless it 'had reasonable belief relating to a specific investigation'. In contrast, ASIC only needs a reasonable suspicion that relates to an anticipated investigation. Examination notices issued by the ABCC must provide at least 14 days written notice, whereas ASIC may lawfully exercise its powers without a single day's notice.

On penalties, if a person fails to comply with a notice issued by the ABCC the penalty is potentially six months imprisonment. With ASIC it is up to 24 months imprisonment and a maximum fine of $17,000. It is worth noting that the ABCC would be the only government agency of those previously mentioned, where the right to have a lawyer is expressly included industry in the legislation. Together with conduct money—(Time expired)