April 2022
We are working hard to have our new website up and running by the end of April. All things being equal, this time we hope the best laid plans of men will be on our side.
I note from the Austract website, there are a number of new guides available for those businesses affected by AML and other related matters. This new information can be found at https://www.austrac.gov.au/business/updates
The attachments with this newsletter include updates from the Australian Small Business and Family Enterprise Ombudsman. Probably the most important of these is the Easter message, although a bit late, about the need to support Australian small and micro businesses. After all, these businesses are local heroes and employ many Australians directly, with all profits being spent within Australia. There is also a flyer from our valued associate Security Management Professionals Pty Ltd.
Kim is available to help with your questions and concerns if you need any assistance, and as always, the first chat is always free of charge or obligation.
“… weakness is provocative“ - Donald Rumsfeld
Amongst the main tools of survival and growth for any business person are (i) having good business disciplines and (ii) a strong sense of self-belief. If business owners and managers do not have and understand the power these attributes, then their businesses may never achieve their potential or survive due to the propaganda or sales pitches of the parties which want the business’s assets.
When selling, especially on B2B credit, it is essential that your business operates with good business disciplines based on the circumstances within your marketplace or marketplaces. In many marketplaces, your customers may have a bullying or controlling strategy over their suppliers. In other words, the customer insists you sell to them on their terms, not yours. As they will not willingly negotiate terms your business is then forced to sell on their terms or walk away from the sale.
In these situations, many suppliers without a strong belief in their own value systems and strong business disciplines are often willing to accept the customer’s rigid terms of sale. As a result, and unfortunately, these businesses rarely survive or achieve a sensible return on investment in the long term. As history shows these business soon disappear because in time, they run out of the capital to keep going and are either sold for a few cents in the dollar, or become insolvent.
The owners and managers of these businesses usually have almost nothing to show for their efforts, or are possibly bankrupt and with a bad business reputation. As a result, and unfortunately, many of these people may have few positive options left to them in the future due to their loss of capital and reputation.
A business with stronger self-belief and business disciplines, will generally survive because it refuses to sell to bullying customers or those that are not willing to negotiate fair terms of trade. In addition, if they have good products or range of services, in time, some of the more controlling type of customers may be willing to negotiate with them. After all, these customers also need to have access to products and services to sell in order to survive. Those businesses with the better business disciplines and self-belief systems will generally create better profits by sticking to their core business practices.
Of course, these businesses may soon also close down or be bought out if they find that they cannot find enough willing customers. The outcomes between two types of businesses, means owners and managers of this second group of business, may have more of their capital and business reputations intact. In turn, this allows them to move on to other businesses or life options more easily.
The reality in business is that customers generally respect disciplines and take advantage of weaknesses of their suppliers. This understanding is essential for all people in business and is vital, especially when selling on B2B credit. As a result, good business disciplines and a strong self-belief system are essential and bring their own rewards to business owners and managers.
The continued advice that cash in our bank account(s) is lazy, not well used and losing value due to the poor interest rates and inflation . Yes, there is an element of truth in these statements. It is not the only truth however. You do not have to look too hard to see the evidence all around us of the benefits of cash.
One of the clear evidentiary factors showing that your cash is not only necessary, but also desirable, is to note all the businesses which have not survived since the start of COVID.
In addition, there are people who continue to trade in cash because for many people it is a cultural aspect of doing business, and/or they do not trust digital payment systems or these systems are too expensive to warrant their use.
In the case of the poor, paying in cash is the cheapest payment option, and/or it helps them live within their financial means. With inflation now evident in the community today, saving even a few cents per transaction, is essential. These people also remember the old saying of "... save the cents and watch the dollars grow."
We also note that businesses which have the cash resources, no longer need to borrow, which saves them time and the additional costs of having to apply for finance. It should also not be forgotten, that when you obtain finance, this allows a third party to become involved in how your business operates.
The businesses with good cash resources can often take advantage of specials, or unexpected and valuable stock or asset purchases at a discount. This allows them to beat their competitors to the same profitable buying opportunities without disrupting their current business operations.
There is no doubt that cash can appear to be lazy sitting in your bank account(s), and may be losing value due to the poor interest rates and inflation. These facts are only partly true. Cash does however have many visible benefits with evidence all around us revealing profitable opportunities will always occur, irrespective of the state of the economy or inflation.
Understanding, operating and managing a business is a risky venture where you can lose everything. This reality must never be forgotten. Unfortunately, when this thought dominates our thinking, we miss beneficial opportunities to grow our business. The reason why this happens, is that it easy for us to procrastinate in making a decision, or try avoiding the problem and hope it goes away. Alternatively, we overreact with unintended consequences whenever risk is mentioned.
The problem with risk is that when you mention the word, the positive side of identifying a risk is rarely mentioned. A perfect example, is the share market today, where the underlying thought of the naïve, the greedy and the FOMO is that it has never offered a better opportunity to make money. Again, these participants may be right to some degree, especially in the short term.
Unfortunately, like everything else in life, nothing is simple and so it is for the share market. Today, there are many other participants or potential participants who think conservatively and believe the share market does not offer value over the medium or long term.
If we revert back to commercial business environment, there are many businesspeople who correctly fear rate raises and inflation. If however, these people do nothing based on these fears, they risk, (there is that word again), end up being afraid to take any action at all. Subsequently, they end up with all sorts of negative factors and missed opportunities working against them.
Meanwhile, the wise and progressive businesspeople, see the risk of inflation and increased interest rates as an opportunity to take up the initiative and act positively. In doing so they, they may avoid many negative outcomes of these factors. They may in addition, also be able to put their competition out of business by offering cheaper prices to their customers or buying them out to increase the viability of their own business.
Risk is not just a bad “four letter” word. By understanding the risk and taking positive actions, you can turn risk into a positive “four letter” word. The inconvenient truth for all businesspeople is not to act in fear when a risk is identified, but to acknowledge the risk and identify the positives.
Times change and the benefits and responsibilities of directors are changing as well. In the past, there were a number of benefits in becoming a director of a business. Whilst a number of these benefits are still available, the responsibilities of directors have increased substantially over the past few years.
The benefits of being a director are still only valid, as long as directors understand and work on not contravening their responsibilities. Therefore, “… have you heard about the new director ID and registered for the ID if you need to?”
A wise director would now take the opportunity to ensure they obtain their new director ID number as required and updated themselves on their responsibilities as a director.
In other words, it is time for directors to work ON protecting themselves from a legal and legislative aspect, not just on their day to day duties IN their director role of a business.
Updates courtesy of www.asic.gov.au
31 March 2022
22-073MR ASIC extends relief for retirement estimates
ASIC has extended the relief for superannuation trustees who give their members retirement estimates on a periodic statement.
The existing relief has been extended for a period of nine months. This will allow superannuation trustees to continue to use the relief when sending annual statements to members for the 2021-22 financial year.
Class Order [CO 11/1227] Relief for providers of retirement estimates gave conditional relief from the licensing, conduct and disclosure obligations relating to personal advice in the Corporations Act 2001 (the Act) that might otherwise apply to a superannuation trustee providing retirement estimates to its members. The relief in [CO 11/1227] has been extended by ASIC Corporations (Repeal and Transitional – Relief for Providers of Retirement Estimates) Instrument 2022/204.
04 April 2022
ASIC has disqualified former cleaning and labour hire director Enrico Pucci of Sydney, NSW, from managing corporations for the maximum period of five years due to his involvement in the failure of three companies.
Between August 2012 and April 2020 Mr Pucci was a director of:
GPSFM Pty LtdC.N. 607 566 156;
Grouped Property Services Pty Ltd C.N. 121 762 534; and
National Contractors Pty Ltd C.N. 159 741 518.
GPSFM provided cleaning, security management and maintenance services to commercial premises. Grouped Property Services and National Contractors provided labour hire to the group of companies connected to Mr Pucci, including GPSFM.
06 April 2022
22-082MR ASIC’s CFD product intervention order extended for five years
ASIC has extended its product intervention order imposing conditions on the issue and distribution of contracts for difference (CFDs) for a further five years to 23 May 2027.
Since 29 March 2021, the product intervention order has strengthened protections by reducing CFD leverage available to retail clients and by targeting product features and sales practices that amplify retail clients’ CFD losses. ASIC’s extension of the product intervention order ensures that CFD protections in Australia remain in line with those in force in comparable markets elsewhere.
08 April 2022
22-085MR Cryptocurrency lender charged for false Australian credit licence claims
Melbourne-based cryptocurrency lender Helio Lending Pty Ltd has been charged with falsely claiming that it held an Australian credit licence (ACL) when it did not.
Helio Lending offered cryptocurrency-backed loans to consumers, using the digital currency as security over the loan.
ASIC alleges that around 20 February 2019, Helio Lending falsely represented on its website that it held ACL 391330.
ASIC further alleges that Helio Lending published or allowed to be published on its website a news article dated 10 September 2018 that claimed it held ACL 391330.
ASIC alleges that Helio Lending was neither an ACL holder nor a representative of an ACL holder.
The matter is next listed for mention on 7 July 2022 in the Melbourne Magistrate’s Court.
ACLs are required to undertake credit activity. Strict penalties can apply to those who unlawfully engage in credit activities.
This matter is being prosecuted by the Commonwealth Director of Public Prosecutions.
Background
Claiming that you have an ACL if you do not is a breach of section 30 of the National Consumer Credit Protection Act 2009. The maximum penalty for an individual per criminal contravention is 1 year imprisonment and/or a fine of $25,200. The maximum penalty that can be imposed on a body corporate for a criminal contravention of section 30 is 10 times the maximum individual fine.
Last updated: 08/04/2022 08:56
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12 April 2022
22-090MR ASIC sues Rent4Keeps and Layaway Depot for alleged breaches of Credit Act
ASIC is suing Rent4Keeps and Layaway Depot in separate proceedings for alleged breaches of various consumer protections under the Credit Act. ASIC is concerned that both businesses operate business models designed to avoid consumer protections for financially vulnerable consumers, including the annual cost rate cap under the Credit Act.
The effect of this is that Rent4Keeps and Layaway Depot customers, who are often on low incomes or Centrelink benefits, are paying significantly more for electronics and whitegoods than they lawfully should. For example, one consumer used Centrelink payments to pay almost $2,500 for a fridge which retailed at $365, another paid $1,200 for a mobile phone which retailed for just $249.
01 April 2022
Modernising Business Registers program
As part of the 2020 Budget Digital Business Plan, the government announced the full implementation of the Modernising Business Registers (MBR) program.
The MBR program will establish the new Australian Business Registry Services (ABRS) and streamline how you register, view and maintain your business information with government.
The ABRS will:
progressively roll out between 2021 and 2024
introduce the director identification number (director ID) initiative
bring together more than 30 ASIC registers and the Australian Business Register (ABR) in one place.
The MBR program is being implemented by the Australian Taxation Office (ATO).
Financial Services Royal Commission: Summary of ASIC enforcement action
Introduction
The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Royal Commission) was established in December 2017.
The Interim Report was published in September 2018, and the Final Report was published in February 2019. Commissioner the Honourable Kenneth Hayne AC QC made 13 referrals to ASIC for investigation. In addition to these referrals, the Royal Commission examined additional case studies, 32 of which also led to ASIC investigation.
ASIC’s investigations reinforce that financial services institutions must:
Always put their customers first
Fulfil any promises made to their customers
Ensure all consumers are treated fairly
Ensure that they do not take advantage of vulnerable consumers
Put in place the correct and legal compliance processes to monitor their activities, and
Maintain the appropriate governance, oversight, and systems over those compliance processes.
ASIC’s work throughout this broad slate of matters reinforces our commitment to investigate where there are failures in the activities of our regulated entities. Based on what our investigations show, ASIC will continue to seek court outcomes including civil penalties and criminal prosecutions.
This page summarises the outcomes of the ASIC investigations of the Royal Commission matters as at 17 February 2022. This page was created on 9 December 2021 when the last civil proceeding was filed.
17 April 2022
AUSTRAC joins Russia-Related Illicit Finance and Sanctions FIU Working Group
AUSTRAC is working with international partners, as well as Australia’s financial industry and partner agencies across government in a coordinated effort to track the movement of funds around the world and to identify opportunities to jointly target individuals and entities subject to sanctions.
To support a coordinated international approach, AUSTRAC has joined the Russia-Related Illicit Finance and Sanctions (RRIFS) FIU Working Group. The Working Group brings together FIUs that have extensive experience collaborating on financial intelligence matters and will allow us to focus and coordinate our efforts effectively.
AUSTRAC has also established a dedicated team which is monitoring financial reporting and analysing data to detect financial activity associated with Australia’s targeted financial sanctions against Russia to support of a whole of Australian Government approach.
The Working Group has released a Statement of Intent that will guide our collective efforts.
Russia-Related Illicit Finance and Sanctions FIU Working Group
Statement of Intent
We, the Financial Intelligence Units of Australia, Canada, France, Germany, Italy, Japan, the Netherlands, New Zealand, the United Kingdom, and the United States, referred to herein as Working Group Members issue this statement of intent:
Recalling statements made by governments around the world, including Australia, Canada, France, Germany, Italy, Japan, New Zealand, the United Kingdom, the United States of America, and the High Representative of the European Union, condemning Russia’s unprovoked and unjustifiable war of choice against Ukraine, enabled by the Belarussian government (“the threat”);
Recognizing that the respective governments of the Working Group Members and the European Union have imposed several rounds of far-reaching economic and financial sanctions, and committed to imposing further sanctions in response to the threat;
Further recognizing that the governments of several Working Group Members and the European Commission, consistent with their respective legal frameworks, have agreed to establish an international task force to coordinate efforts related to sanctions and asset recovery;
Underscoring the need for FIUs to cooperate with law enforcement, prosecutors, other competent authorities, and the private sector, within the legal framework of the respective FIUs, to achieve the goals of the international task force and more generally to combat the associated illicit activities including money laundering, sanctions evasion, cyber threats, and corruption;
Stressing the importance of the role of Financial Intelligence Units in the collection, sharing, analysis, dissemination, and use of financial intelligence to address money laundering and the financing of terrorist activities, and
Recalling that, under the current international, EU and national legal frameworks, FIUs do not have a uniform and comprehensive legal basis and mandate to receive, analyse and share information on financial sanctions and related measures;
Affirm the need to identify concrete actions that participating Working Group Members, within their respective legal framework, can take individually or collectively to
Enhance financial intelligence on sanction-related matters and associated financial flows and economic activities;
Expedite and increase sharing of financial intelligence in sanction-related matters and associated financial flows and economic activities;
Engage in discussions concerning FIU best practices, lessons learned, and opportunities for actions and partnerships to combat the threat; and
Strengthen and facilitate working relationships between FIUs and competent public authorities and the private sector addressing the threat, including by engaging with task forces established by governments of the Working Group Members.
01 April 2022
Small business dealings with digital platforms
Overview
The ACCC wants to make sure that businesses are getting the most out of their dealings with digital platforms in Australia. We also want to make sure that consumers have a good experience dealing with businesses on digital platforms like Facebook, Google and Apple.
The ACCC is aware that some businesses have problems dealing with digital platforms, like getting fake negative reviews taken down or disputing account suspension or termination decisions.
To try and reduce these problems, the ACCC is thinking about whether new laws are needed to help improve interactions between digital platforms and small businesses in Australia.
This is part of our Digital Platform Services Inquiry. The ACCC will provide advice on these issues in a report to the Treasurer in September 2022.
25 March 2022
Peters Ice Cream to pay $12 million penalty for anti-competitive exclusive dealing
The Federal Court has ordered that Australasian Food Group, trading as Peters Ice Cream, pay a $12 million penalty for anti-competitive conduct in relation to the distribution of ice creams sold in petrol stations and convenience stores, in proceedings brought by the ACCC.
Peters Ice Cream admitted that, from November 2014 to December 2019, it acquired distribution services from PFD Food Services on condition that PFD would not sell or distribute competitors’ single serve ice cream products in various geographic areas throughout Australia without the prior written consent of Peters Ice Cream.
Peters Ice Cream admitted that in doing so, it had engaged in exclusive dealing conduct that had the likely effect of substantially lessening competition in the market for the supply by manufacturers of single serve ice cream and frozen confectionary products.
06 April 2022
Three months to go for button battery safety standards
The ACCC is urging businesses who supply button batteries, or products that are powered by them, to ensure they are complying with the new button battery safety standards ahead of the laws becoming mandatory on 22 June. The ACCC is also calling on consumers to check for unsafe button battery products in their homes.
Under the mandatory safety and information standards, products must have secure battery compartments to prevent children from gaining access to the batteries. Manufacturers must undertake compliance testing, supply batteries in child-resistant packaging, and place additional warnings and emergency advice on packaging and instructions.
31 March 2022
ACCC flags increased focus on Horticulture Code enforcement
Some fruit and vegetable wholesalers are not meeting their legal obligations under the Horticulture Code of Conduct, recent audits by the ACCC have found.
The ACCC conducted audits after hearing through its Perishable Agricultural Goods Inquiry that some fruit and vegetable wholesalers were trading without Horticulture Produce Agreements, which is a breach of the code. Horticulture Produce Agreements are written contracts that growers and wholesalers must have in place before trading with each other.
The ACCC’s audits found that most wholesalers are complying with the requirement to trade under a Horticulture Produce Agreement, but identified that some are incorrectly reporting prices in their statements to growers, and failing to make their terms of trade publicly available.
“Under the Horticulture Code, many wholesalers are required to report what price they paid growers for the produce and what price they on-sold it for. Having this information provides greater price transparency for growers and enhances competition in the market,” ACCC Deputy Chair Mick Keogh said.
“Without a compliant statement, a grower who sells their produce to a wholesaler may not be able to see what retailers pay for their fruit or vegetables.”
Credit Matters is a financial risk management resource centre for the Australian business community. If you are in business, Credit Matters is your ideal source of financial risk management solutions.
Credit Matters is continuing to grow and provide marketing and knowledge about financial risks to the Australia business community.
Futhermore, we invite marketing and knowledge ideas from our readers and contributors on how we can assist our respective firms grow. If you have any ideas, please contact me at info@creditmatters.com.au.
If you are interested in finding new ways to reach your marketplace, why not try Credit Matters. Our prices for advertising are very reasonable and advertising packages are on offer to make any cost, even more affordable. So if you are interested in reaching your customers at the right price, please contact Kim at info@creditmatters.com.au for options.