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December 11, 2007

AUSTRAC AML/CTF Regulatory Guide

AUSTRAC has issued the AUSTRAC Regulatory Guide (the Guide) to provide non-binding advice to industry (primarily reporting entities and cash dealers) to help it understand and comply with the:

The Guide also
provides non-binding advice in relation to the:

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Posted 11th December 2007 by David Jacobson in Anti-money laundering

December 7, 2007

Health profession and trade practices: price-fixing by orthodontists

In ACCC v Knight penalties were imposed for anti-competitive conduct by surgeons.

Now, in Australian Competition & Consumer
Commission v Ranu Pty Ltd
[2007] FCA 1777, the Federal Court of Australia found that three orthodontic
businesses, each operating in northern Tasmania, had contravened
section 45 of the Trade Practices Act 1974 by engaging in price fixing and market sharing.

Justice Peter Heerey, found that the respondent orthodontists, in
various combinations, entered into a series of illegal anti-competitive
arrangements to:

  • fix the price of the orthodontic services they each provided to consumers in northern Tasmania
  • restrict their respective supply of orthodontic services to new patients when an orthodontist had more customers than the others
  • restrict the ability of the orthodontists to supply their
    respective services from separate premises or work with other
    orthodontists within 20 kilometres of the existing practices in
    Launceston, Devonport and Burnie, and
  • stop another orthodontist from setting-up a competing practice in northern Tasmania.

The orthodontists provided their
services from shared premises in the cities of Launceston, Devonport
and Burnie, and the majority of the illegal arrangements were
written into the shared premises co-location agreement.

Because the orthodontists relied on faulty legal advice that the Trade Practices Act did not apply to them and because the respondents cooperated with the
investigation, the ACCC took the unusual step of not seeking a monetary
penalty. The court decided that in
all the circumstances it was sufficient to deal with the matter by way
of a series of injunctions restraining the orthodontists from again
engaging in the anti-competitive conduct.

The court also ordered the
respondent orthodontists to attend an annual trade practices law seminar of at least 4 hours duration for the next 3 years and to
make available to staff a trade practice compliance manual at the co-located
premises.

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Posted 7th December 2007 by David Jacobson in Trade Practices

December 6, 2007

Reserve Bank Board announcements

The Reserve Bank Board has announced the following changes to its communication policy:

First,
the Board will release a short statement each month explaining its
decision, whether or not the cash rate is to be changed.

Second,
the Board’s decision will be announced shortly after the conclusion of
the meeting instead of the earlier custom of waiting nearly 24 hours to announce
the decision.
Accordingly, commencing at the February 2008 meeting, the decision will
be announced at 2.30 pm on the day of the meeting, with any change in
the cash rate to take effect from the following day.

Third, the Board will release the minutes of its monetary policy meeting each month, two weeks after the meeting.

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Posted 6th December 2007 by David Jacobson in Business Planning

December 5, 2007

Changes to Commonwealth Ministerial and department responsibilities

As new Ministers get up to speed, pending website updates, information about administrative arrangements and portfolio responsibilities is being obtained from media articles and the few official documents such as the Ministry List (pdf) the Administrative Arrangements Order (pdf). (thanks to Open and Shut for the link)

Page 33 of the AAO records that the Department of the Prime Minister and Cabinet is taking responsibility for the Freedom of Information Act and the Privacy Act.

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Posted 5th December 2007 by David Jacobson in Business Planning, Privacy

Privacy update

The Office of the Privacy Commissioner has published recent speeches by its officers.

Of particular interest are:

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Posted 5th December 2007 by David Jacobson in Privacy

International trade mark registration

The Madrid System provides the means to file a single application, in
one office, in one language, with a single fee, and secure trade mark
protection in multiple countries.

The advantages and disadvantages for Australian trade mark owners are discussed in this article by Nick Weston.

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Posted 5th December 2007 by David Jacobson in Intellectual Property

December 4, 2007

Basel II and securitisation: the new APRA APS 120

Heidi Richards, General Manager Australian Prudential Regulation Authority (APRA), recent speech to the Australian Securitisation Conference explained that APRA expects the ADI to be independent of its securitisation vehicles and vice versa.

This independence principle has certainly been put to the test in recent months. Some securitisation structures around the world have not met this test very successfully. While APRA has been monitoring the market situation and its impact on ADIs very closely, we remain of the view that our regulated institutions are well positioned to weather the current turbulence. As has been stated here often in the last day or so, credit quality in Australia remains strong.

In respect of APS 120, she explained that:
ADIs will have until mid-2008 to assess their programs and facilities against the standard’s new operational requirements, and if necessary, apply to APRA for transition relief for up two years. Note that the new securitisation capital calculations for standardised and IRB banks will apply as of 1 January along with the other Basel II requirements; the transition relief applies only to changes to operational aspects of the standard, such as clean sale provisions and facility criteria, and only to pre-existing programs and facilities, that is, those issued before 1 January…

APRA supervisors are likely to pay more explicit attention to contingent liquidity commitments, such as ABCP liquidity lines, in assessing the adequacy of ADI’s liquidity risk management going forward. We are also less likely to accept that the ability to securitise assets is an automatic source of liquidity.

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Posted 4th December 2007 by David Jacobson in Financial Services

December 3, 2007

Workplace Ombudsman Warning to Employers on AWA’s

The Workplace Ombudsman has warned employers against applying undue pressure on workers to sign
Australian Workplace Agreements (AWA’s) following reports that some
businesses may seek to move their employees to AWA’s to pre-empt
proposed transitional legislation by the Rudd Government to phase out
AWA’s and stop new ones being signed.

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Posted 3rd December 2007 by David Jacobson in Compliance

December 2, 2007

APRA releases final Basel II prudential standards

The Australian Prudential Regulation Authority (APRA) has released the final suite of prudential standards that will give effect
to the implementation of the new Basel II capital adequacy regime,
known as the Basel II Framework, in Australia.

The Basel II prudential standards will come into force on 1 January 2008.

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Posted 2nd December 2007 by David Jacobson in Financial Services

Performance Benchmarking of Australian Business Regulation: Stage 2

The Productivity Commission has released an information paper, Business Regulation Benchmarking Stage 2.

In summary, the Commission has been asked to proceed with an initial three-year program to benchmark across jurisdictions various areas of regulation which impose compliance costs on business. The study will examine the regulatory compliance costs associated with becoming and being a business, the delays and uncertainties of gaining approvals in doing business, and the regulatory duplications and inconsistencies in doing business interstate.

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Posted 2nd December 2007 by David Jacobson in Business Planning
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