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November 28, 2006

Productivity Commission driving business regulation reform

As part of the Australian Government’s new regulatory reform agenda, the Office of Regulation Review (which is part of the Productivity Commission) has been renamed The Office of Best Practice Regulation.

The Productivity Commission has released a discussion draft, Performance Benchmarking of Australian Business Regulation.

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Posted 28th November 2006 by David Jacobson in Business Planning, Compliance

November 27, 2006

Cole Inquiry Report

The Attorney-General has tabled  the Report of the Inquiry into Certain Australian Companies in relation to the UN Oil-for-Food Programme in Parliament.

More

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Posted 27th November 2006 by David Jacobson in Anti-money laundering, Compliance, Corporate Governance

November 26, 2006

Ecommerce and Consumer Credit

UCCCMC has released some FAQ’s for consumers on the effect of the Consumer Credit Code ecommerce amendments.

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Posted 26th November 2006 by David Jacobson in Financial Services

Regulation of the Financial Advice Industry in Australia

ASIC Chair Jeffery Lucy recently addressed the Financial Planning Association to give the Regulator’s Perspective.

He discussed the current issues ASIC was concerned about (including the quality of advice being given to consumers and advisers’ remuneration models) and concluded :

Where conflicts of interest arise because of the remuneration you will receive if your client accepts your recommendation or an association between the recommended financial product and your licensee, this must be clearly disclosed or, in certain situations, avoided completely. This ensures that your client can understand how your advice may have been influenced but, of course, does not eliminate the requirement that the advice must be in the clients’ best interests. Disclosure does not eliminate the need for the advice to be appropriate.

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Posted 26th November 2006 by David Jacobson in Financial Services

November 22, 2006

Telephone numbers to be protected

The Telecommunications Amendment (Integrated Public Number Database)
Bill 2006
will amend the Telecommunications Act 1997 (Telecommunications
Act) to provide additional safeguards to ensure that integrated public
number database (IPND)
information is only disclosed and used for the purposes specified in
Part 13 of the Telecommunications Act.

The IPND is an
industry-wide database of all residential and business phone numbers
(both listed and unlisted) and associated customer information,
including name and address information. The IPND was established and is
maintained by Telstra as a condition of its carrier licence.

The insertion of a definition of public number directory into the
Telecommunications Act is intended to prevent IPND information being
used directly to produce records or databases which are used for such
purposes as marketing, data cleansing and appending, debt collection,
identity verification and credit checking and to limit the extent to
which records which are public number directories (within the meaning
of the definition in the Bill) are readily able to be used for such
purposes.

Comment: The Australian

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Posted 22nd November 2006 by David Jacobson in Marketing, Privacy

ACMA issues first communications industry report

The ACMA Communications Report 2005–2006 assesses industry performance across the communications, internet and broadcasting sectors.

The report is structured into four parts,
covering:

  • an overview of the communications operating environment in 2005–06,
  • a snapshot of key participants in the communications environment,
  • analysis of the benefits that accrue to consumers from access communications services; and
  • an assessment of some of the challenges posed by the emerging communications environment.

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Posted 22nd November 2006 by David Jacobson in Business Planning, Compliance, Marketing, Privacy

November 21, 2006

APRA overview of superannuation industry

Speaking at the ASFA 2006 National Conference and Super Expo in Perth, APRA Deputy Chair Ross Jones has given an overview of the Australian superannuation industry in the last 5 years.

  • At 30 June 2006, it was estimated that total assets were $914 billion, a 76 percent increase over five years.
  • In the five years to 30 June 2006, the number of superannuation entities increased by 47 per cent from 222,971 to 327,832. This is due largely to the large increase in self managed superannuation funds, which have increased 52 per cent from 210,667 at June 2001 to 320,003 at June 2006. Conversely, the number of funds with more than four members has fallen by 77 per cent from 3,730 to 870 over the same period.
  • At 30 June 2004 there were 1275 trustees. At 30 June 2006 there were 307 licensed trustees

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Posted 21st November 2006 by David Jacobson in Financial Services

Financial Action Task Force on Money Laundering reviews Australia’s observance

The International Monetary Fund has released Australia: Report on the Observance of Standards and Codes—FATF Recommendations for Anti-Money Laundering and Combating the Financing of Terrorism.

The Report makes recommendations for improving both enforcement and preventative measures and is supplemental to the FATF’s March 2005 on-site report.

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Posted 21st November 2006 by David Jacobson in Anti-money laundering

November 16, 2006

Corporate and Financial Services Regulation Review Proposals Paper

The Parliamentary Secretary to the Treasurer
has released the Corporate and Financial Services Regulation Review
Proposals Paper
. The 35 proposals include suggestions to simplify
and improve regulation in the areas of:

  • financial services;
  • company reporting obligations;
  • auditor independence;
  • corporate governance;
  • fundraising;
  • takeovers; and
  • compliance.

The time for submissions closes on 22 December 2006.

The corporations and financial services law reform proposals will be included in a Bill, to be introduced into the Parliament in 2007, entitled the Simpler Regulatory System Bill.

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Posted 16th November 2006 by David Jacobson in Financial Services

November 15, 2006

Workplace Relations Act changes

Before the High Court judgment was delivered, the Government announced proposed  changes to the Workplace Relations Act:

  • protect employee redundancy pay entitlements: agreement based redundancy
    entitlements will continue to operate for 12-months after an agreement is
    terminated unless a new agreement is made earlier;
  • address the potential for
    increased costs associated with annual leave accrual and
    personal/carer’s leave payment under the Australian Fair Pay and
    Conditions Standard by capping the accrual of annual and personal/carer’s leave under the
    Australian Fair Pay and Conditions Standard (the Standard), so that
    paid leave would not accrue in respect of hours worked above 38 hours
    per week and make the payment rules for personal/carer’s leave,
    compassionate leave and leave for pregnant employees who cannot be
    transferred to a safe job consistent with the payment rule for annual
    leave (that is, the employee’s basic periodic rate of pay);
  • provide a default right for an employer to stand
    down employees where work is unavailable due to factors outside the
    employer’s control. This provision would apply
    where an employer does not otherwise have (through an award, agreement
    or contract) an automatic right to stand an employee down where work is
    unavailable due to factors outside the employer’s control;
  • enable employees to cash out personal/carers leave: an employee would be able to
    cash out any amount of personal/carer’s leave, provided that for
    full-time employees working a 38-hour week at least 15 days remain
    available after cashing out;
    and
  • amend the record-keeping regulations to streamline the record-keeping requirements: employers will only be requireed to record only those
    hours for which an employee is entitled to overtime or other penalty
    rates, rather than all hours worked.

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Posted 15th November 2006 by David Jacobson in Business Planning