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February 29, 2008

Basel II update

APRA Basel II specialist, Katrina Squires has given an update on outstanding issues following Basel II implementataion in Australia on 1 January 2008.

These include:

  • APRA’s review of ADIs’ own internal capital adequacy assessment process (ICAAP);
  • the inclusion in the internal ratings-based approach to credit risk (IRB) prudential standard (APS 113) of the Basel II Framework’s proposals that would permit ADIs’ own counterparty credit risk estimates;
  • review the 20 per cent risk-weight currently assigned to margin lending exposures;
  • reviewing applications for internal models for interest rate risk in the banking book

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Posted 29th February 2008 by David Jacobson in Financial Services

Draft Corporations Amendment Regulations: managed investment schemes

Treasury has released draft Corporations Regulations for consultation until 28 March 2008.

These draft regulations will amend the Corporations Regulations 2001
to remove the requirement for managed investment schemes (registered
schemes) to notify the Australian Securities and Investments Commission
of the top 20 interest holders each year as part of a scheme’s annual
review.

The draft regulations will align the treatment of registered schemes
with the treatment of public companies in relation to the member
reporting requirements amendments introduced in the Corporations Amendment Regulations 2007 (No. 5).

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Posted 29th February 2008 by David Jacobson in Financial Services

February 28, 2008

Climate change, emissions trading and corporate social responsibility

I recently attended a stimulating panel discussion organised by the Australasian Compliance Institute on issues businesses need to consider in dealing with climate change.

The discussion showed that there is a lot of regulatory activity by different organisations across Australia relating to energy efficiency which is not co-ordinated or well-publicised. COAG is currently reviewing these.

The Government is already considering requiring companies to report on sustainability.

Key regulatory points include understanding the obligation to report emissions (do you know the size of your carbon footprint, do you have to report?) and the risk of committing greenwashing.

Do you have a reporting and risk management structure? If you don’t know the size of your carbon footprint, how can you manage it and comply with the new laws?

Are you part of a supply chain that requires emissions control?

Is there an industry standard for your business (such as the finance industry’s Equator Principles)?

Emissions Reporting

Do you know the quantity of your business’s emissions?

The National Greenhouse and Energy Reporting System will commence on 1 July 2008.

The reporting system is expected to cover up to 900  medium and large companies, of which around 300 will be reporting for the first time.

From 1 July 2008, corporations will be required to register and report if:
− they control facilities that emit 25 kilotonnes or more of greenhouse gas (CO2 equivalent), or produce/consume 100 terajoules or more of energy; or
− their corporate group emits 125 kilotonnes or more greenhouse gas (CO2 equivalent), or produces/consumes 500 terajoules or more of energy.

Reporting on greenhouse gas emissions, reductions, removals and offsets, and energy consumption and production will be mandatory for corporations that exceed thresholds. Companies will need to establish whether they are obliged to report and, in corporate groups, they need to identify who will report. They need to determine what they have to report and fromm where. Submissions on the policy paper closed on 27 February. See the fact sheet (pdf)

Most large users should already be registered under the Energy Efficiency Opportunities Act 2006 .

Are you "greenwashing"?

Greenwashing involves misleading use of environmental claims for your product (some businesses do not have data that supports their "green" claims but claim they are green anyway)  The ACCC is already looking at green marketing and carbon offset claims.

As this year progresses, it is likely that the regulatory effect of climate change will intensify.

Your staff may also have strong views on how you comply.

BONUS LINKS: 

Department of Climate Change

Australian Conservation Foundation

The environmental legal system in Australia

Friends of the Earth: Code Red

Green Building Council of Australia

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Posted 28th February 2008 by David Jacobson in Environment

Review of Australia’s national innovation system

The Minister for Innovation, Industry, Science and Research, Senator
Kim Carr, has announced a review of Australia’s national
innovation system
.

The Review Panel will identify gaps and weaknesses in the innovation system
and develop proposals to address them. In particular, it will:

  • Identify a set of principles to underpin the role and participation of the public sector in innovation.
  • Develop a set of national innovation priorities to complement
    the national research priorities, ensuring the objectives of research
    programs and other innovation initiatives are complementary.
  • Identify regulatory and other barriers to innovation and recommend ways to minimise these.
  • Examine the scope for simplifying and reducing program
    duplication and ensuring that any support provided is well-targeted and
    easy to access.
  • Consider the appropriateness, effectiveness and efficiency of
    the Research and Development (R&D) Tax Concession Scheme in
    promoting innovation and make recommendations to improve innovation
    outcomes.
  • Consider ways to improve the governance of the national
    innovation system to support higher expectations of government agencies
    and industry.
  • Assess the appropriateness, effectiveness and efficiency of
    the Cooperative Research Centres (CRC) Program and make recommendations
    to improve innovation outcomes.

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Posted 28th February 2008 by David Jacobson in Business Planning

February 27, 2008

Deregulation update

In a speech to the Sydney Institute, the Minister for Finance and Deregulation, Lindsay Tanner has reported on progress on deregulation and repeated the Government’s commitment to change.

"We are serious about change.

I understand that business
wants certainty and stability.  I’m not seeking endless change for
change’s sake. But that is no reason to allow excessive and
unnecessary regulatory burdens to remain in place indefinitely."

He identified the biggest challenge as establishing an entrenched culture of continuous regulatory improvement and reform. He has appointed economist, Nicholas Gruen, to work with him on this.

Progress to date

"We are working with states and territories through the Council of
Australian Governments (COAG) to address areas of regulatory
duplication or inconsistency between different levels of government.

Our
Business Regulation and Competition Working Group has been meeting to
progress an accelerated program of reform which will be presented to
COAG in late March.

These measures will be targeted at reducing the  cost of regulation to business.

For
example, the Standard Business Reporting initiative will allow
businesses to submit BAS statements, state tax returns, ASIC documents
and ABS survey responses through a simpler, faster and easier process
using their own record keeping software.

Streamlined
environmental assessment processes will stop the time wasting process
of two groups of environmental assessors looking at the same
information and holding up approval processes.

Nationally
consistent occupational health and safety laws will allow multi-state
employers to roll out the same training and safety programs across all
work sites.

The recommendations of the Banks Review will be
revisited. The Banks Review made over 170 recommendations but many of
these have not been implemented.  We want to turn these recommendations
into real outcomes for business. 

The Productivity Commission will also conduct  regular reviews of the regulatory burden in individual sectors of the economy.

The
Government’s response to the Commission’s 2007 report into the
regulatory burden in the primary sector will be delivered as soon as
possible.

Agriculture Minister Tony Burke has already announced the deregulation of the single desk arrangements for wheat exports. …

Transport Minister Anthony Albanese has
concluded a bilateral open skies agreement with the United States,
which will benefit Australian consumers and businesses….

Minister
for Superannuation and Corporate Law Nick Sherry and I recently
announced the formation of the Financial Services Reform Working Group
to solve this problem (the Financial
Services Reform Act disclosure regime) .

Consultation papers on the new national employment standards, the
design and regulation of the first home saver accounts, implementation
of a carbon emissions reporting scheme, and proposed amendments to the
export cargo legislative framework have already been released.

The
Assistant Treasurer has established a Tax Design Review Panel to
examine how to reduce delays and improve the quality of tax law changes.

The Office of Best Practice Regulation (OBPR) has moved into the
Department of Finance and Deregulation, reflecting its central role in
improving the quality of regulation.

The OBPR will continue
to administer the best practice regulation principles and be a
regulation watch-dog on government departments, agencies and Ministers.

Regulatory proposals will not come to
Cabinet unless the OPBR agrees that adequate regulatory impact analysis
has been performed. "

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Posted 27th February 2008 by David Jacobson in Compliance

Trans-Tasman disqualification of disqualified directors

The Minister for Superannuation and
Corporate Law has announced that the Government will introduce
legislation to ensure that persons who are disqualified from managing
companies in New Zealand will also be disqualified in Australia.

The amendments to the Corporations Act 2001 will be
modelled on the existing New Zealand provisions to ensure cross-border
consistency.

Additionally, disqualification in another country will constitute a
ground for the Australian Securities and Investment Commission to apply
to an Australian court for an order that that person be disqualified in
Australia.

Draft legislation will be developed over the  coming months.

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Posted 27th February 2008 by David Jacobson in Corporations Act

Demutualisation of Health Insurers: CGT relief for policyholders

The Assistant Treasurer has announced that the new Government intends
to confirm’s the previous Government’s policy of providing relief from capital gains tax (CGT) for policyholders of
health insurers who receive shares when their health insurer
demutualises.

The Government will ensure that policyholders who receive shares
will not be subject to a CGT taxing point at the time they receive the
shares.The Government also intends to provide relief from CGT for
transactions that relate to the mechanism that allows policyholders to
receive shares.

Issued
shares will be held on trust for ‘lost policyholders’, who, for example,
are unable to receive shares because they reside overseas or have not
agreed to receive their shares.  This framework will
facilitate the issue of shares to the trustee and the transfer of
shares from the trustee to policyholders without adverse or
advantageous CGT consequences to either the trustee or the policyholder.

The Government will also provide policyholders with a cost base for
their shares that is based on their share of their health insurer’s net
tangible assets. Pre‑CGT policyholders will receive a market value cost
base. A similar ‘net tangible assets’ based cost base will also be
provided for any rights that post‑CGT policyholders surrender for a
cash payment, rather than shares, as part of their health insurer’s
demutualisation.

Legislation giving effect to this measure will be introduced as soon
as practicable, following consultation on the design and the
implementation of the amendments. A discussion paper will be released
shortly.

The changes will apply from 1 July 2007.

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Posted 27th February 2008 by David Jacobson in Insurance

February 26, 2008

Austrac issues generic customer identification form

Austrac has issued a generic customer identification form (pdf) for reporting entities as an example of
what they may choose to use under ‘safe harbour’ to identify and verify
customers of designated services.

The procedure may only be used where the relationship with the individual is deemed by the reporting entity to present a medium or lower money laundering or terrorism financing risk.

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Posted 26th February 2008 by David Jacobson in Anti-money laundering

Austrac issues draft AML managed investment rule

Austrac has issued draft AML/CTF Rules (pdf)to allow customers who acquired interests in a managed investment scheme between 12 December 2007 and 30 January 2008, to be treated as pre-commencement customers under the AML/CTF Act, so that the identification procedures requirements do not apply to them.

A public consultation period is open until 10 March 2008.

See here for background

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Posted 26th February 2008 by David Jacobson in Anti-money laundering

National Health and Hospitals Reform Commission established

Federal Cabinet has formally approved the establishment of the National Health and Hospitals Reform Commission.

The Commission will provide an interim
report on a long-term health reform plan to the Commonwealth Government
by the end of 2008, and a final plan in mid 2009.

Issues for the Commission include:

  • The rapidly increasing burden of chronic disease;
  • The ageing of the population;
  • Rising health costs; and
  • Inefficiencies exacerbated by cost shifting and the blame game.

The Commission will focus on health financing, maximising a
productive relationship between public and private sectors, and
improving rural health.

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Posted 26th February 2008 by David Jacobson in Business Planning