FEDERAL Treasurer Scott Morrison says an Agricultural Commissioner will still be appointed to address industry-specific market issues, despite push-back on the role from the Harper Competition review.
Yesterday, Mr Morrison announced the government’s response to the comprehensive review of national competition policy and regulations which was handed down in March.
A recommendation by the four member review panel spearheaded by Professor Ian Harper said commissioners should no longer be designated with specific responsibilities, such as small business or consumer protection.
But the review also said the Australian Competition and Consumer Commission (ACCC) as a whole should be required to have regard to all sectors and interests.
In announcing the government’s response, Mr Morrison said the Coalition would “embrace” the Harper Review by specifically supporting in whole or in part, 44 of its 56 recommendations.
He said the government was also “open” to the remaining 12 review recommendations, depending on the outcome of further review and consultation with the States and Territories and other stakeholders.
Mr Morrison said his appointment of the Agricultural Commissioner - that was first announced in the government’s Agricultural Competitiveness White Paper released mid-year to sit under the ACCC - was “still in train” but would happen, despite the Harper recommendation.
Asked whether he had any issues with an Agricultural Commissioner’s appointment Professor Harper said it wasn't a recommendation of the final report and was “a matter for the government".
“The government took that particular recommendation and accepted it in part,” he said.
“We recommended that the ACCC appear before a committee of the House, on a regular basis, and that part of the recommendation was accepted.”
Fairfax Media understands Australian Farm Institute (AFI) executive director Mick Keogh remains in the front-running to be named the nation's first ever Agricultural Commissioner.
Mr Keogh has declined to comment when asked about the pending appointment but it’s believed the Treasurer’s office is now consulting the States and Territories on the final approval.
The Agricultural White Paper unveiled $11.4 million to enhance the ACCC’s agricultural expertise through an Agricultural Enforcement and Engagement Unit which has also been roundly welcomed by farm industry groups.
Mr Keogh is Agriculture and Water Minister Barnaby Joyce’s preferred choice for the Commissioner’s job which industry groups also support.
In August, Mr Joyce said the Agricultural Commissioner did not require legislation to be appointed.
He said potential candidates were also being assessed to ensure someone with long term engagement in rural industry, with clear understanding of related competition and market power issues, was appointed.
Mr Keogh has been AFI executive director for more than a decade conducting critical high-level research and analysis into public policy issues impacting the Australian farm sector.
He has been chair of the National Rural Advisory Council to advise the Agriculture Minister of the day on issues like drought, taxation and other key policy priorities like multi-peril crop insurance and Farm Management Deposits.
It’s understood Mr Keogh would likely be appointed to the Commissioner’s role in a part-time capacity initially and transition from his AFI duties over time.
Last month the AFI advertised for a Sydney-based agricultural strategic research and policy general manager and conducted interviews with potential candidates.
The job advertising by Rimfire Resources said the successful candidate would build a “strong public profile across the industry that is reflective of the integrity and objectivity of the AFI”.
“They will increasingly take on more responsibility and leadership duties within the organisation with a clear succession plan in place to transition into the Executive Director role when appropriate,” the advertisement said.
While no time-frame has been placed on the succession plan, it’s understood the transition would depend on how the new Commissioner’s role shaped up for Mr Keogh and other stakeholders, and the calibre of the AFI appointment.
It’s also believed ACCC chair Rod Sims and Mr Morrison have discussed and believe, as has industry, that Mr Keogh’s overlap with his AFI functions would complement and bring synergies to the Commissioner’s role initially.
Other candidates touted for the Agricultural Commissioner’s role include Harper review panel member and former Regional Australia Institute (RAI) CEO Su McCluskey and former Northern Territory Cattlemen's Association CEO Luke Bowen.
Former Australian Bureau of Agricultural and Resource Economics executive director Paul Morris - who oversaw the White Paper’s development working out of the Prime Minister’s Department – has also been strongly considered.
Mr Morrison also addressed a controversial aspect of the Harper review relating to Section 46 of the Competition and Consumer Act.
He said the government acknowledged concerns about the operation of the misuse of market power provision (Section 46) in the Act and the need to ensure these provisions enhanced rather than inhibited competition.
“We note the Harper Review’s recommendations for change and will be embarking a further and final round of consultation on this issue with the release of a discussion paper specifically on this issue that will canvas a spectrum of options for change beyond the proposition currently before the government,” he said.
“Comments on this discussion paper will be due by February 12 and I will submit a proposal for Cabinet consideration in response to this issue by the end of March, at which time we will announce a final position.
“This is an issue on which many people have strong views and I encourage people to engage in the consultation process so we can find the best way forward.”