Push by Coalition MPs to remove the right of environment groups to use secondary boycotts fails to yield results, but review recommends sweeping changes in retail sector

This article is more than 6 years old

This article is more than 6 years old

A review of Australia’s competition laws has refused to back a push by some within government to ban environmental boycotts.



The panel that put together the draft competition policy review was asked to consider a ban on environmentalists campaigning against certain businesses.



Currently, consumer and competition law bans any action which stops a third party from buying goods but there is an exemption for campaigns based on consumer or environmental concerns.

Liberal senator Richard Colbeck said he would not give up trying to stop green groups from boycotting companies.

“I stand by my previous comments that environment groups should be required to comply with the same requirements as business and industry,” he said. “If they want to intervene in a market they should be bound by the rules of the market.



“I disagree that this issue is beyond the terms of reference, as indicated by the committee, and reference clause 3.3.5 of the competition policy review terms of reference. I will be continuing to pursue this issue.”

Colbeck had previously said backbench MPs and “quite a number in the ministry” were keen to use the review to remove the right of environment groups to use so-called “secondary boycotts.”

Colbeck argued that such campaigns, which have targeted the forestry and fishery industries in the past, have been dishonest and unfairly impinge upon a business’ ability to sell its goods.

However, the review states that: “expanding the laws concerning false, misleading or deceptive conduct to organisations involved in public advocacy campaigns directed at trading businesses raises complex issues.

“Many public advocacy campaigns directed at trading businesses concern health issues (eg tobacco, alcohol and fast food) or social issues (eg gambling). Consideration of the expansion of those laws in that context is beyond the terms of reference of this review.”

Environmentalists found an unlikely ally in the Institute of Public Affairs over the issue of secondary boycotts, with the government accused of attempting to curtail free speech.

Greens senator Peter Whish-Wilson said he welcomed the fact the review won’t give any further consideration to the idea.

“Community groups should always have the right to point out to consumers that a particularly product might be damaging to the environment,” he said.

“The vendetta against environment groups, particularly those concerned about the impacts of forestry, has foundered.

“It is remarkable that the so-called Liberal party MPs chose to attack one of the fundamental aspects of the free market: the free provision of information. It is now time for the government to put this ideological obsession aside for good.”

Elsewhere in its review, the competition policy panel recommended that all remaining restrictions on retail trading hours be removed. Should any state or territory wish to retain restrictions, “these should be strictly limited to Christmas Day, Good Friday and the morning of Anzac Day”, the review found.

The panel accepted that some regulation of pharmacies is justified but that current rules limit pharmacies from choosing their own locations and limiting ownership to pharmacists are too restrictive and should be eased.

All regulations should be subjected to a “public benefit test”, the review found, while an overarching review of intellectual property should be undertaken by a body such as the Productivity Commission.