July 2022
At last, our revamped website and business model have gone live. As is the case for all businesses, we have modified the way we do business to compete in the modern world.
There is only one attachment with this newsletter from the Australian Small Business and Family Enterprise Ombudsman which focuses on the slow payment pattern emerging here in Australia.
On reviewing the Austrac website at https://www.austrac.gov.au and IBAC website at https://www.ibac.vic.gov.au both organisations have been particularly busy adding important information in June and July to their respective websites. For this reason, I have not added any specific information in this newsletter as normal. I suggest therefore it is important for our readers to visit these websites and reacquaint themselves with what they have to offer.
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.
“Australian teams that have been to Pakistan, but you can’t play in spite of the conditions, “ … “You have to embrace them, you’ve got to find ways of winning.”
Andrew McDonald I McDonald not afraid to adopt a positive line by Daniel Bretti, in The Age, 11/6/2022
History shows us that when turbulent times occur, not only will many businesses fail, many others will succeed beyond expectations. In between these two extremes, will be those businesses which just survive and yet may have been more successful if only they had adapted to the business environment positively. It is this group of businesses which if management had been more attuned to the realities of the environment may have seen positive opportunities to grow. Instead, because of perceived negativity, they withdrew into their shells and missed the potential opportunities of success.
In the post COVID years ahead, those businesspeople who lose their businesses will do so because they failed to appreciate, prepare and adapt to the changing circumstances around them. Those businesspeople who did in fact take notice and changed their business focus to deal with the new environment as it evolved, have a better chance of keeping their businesses.
As Andrew McDonald has articulated so well, “… you need to embrace the current environment in order to play the game of survival first and then to prosper.”
For some time now, a number of commentators have put forward the proposition that dangerous times were ahead for all businesses. Many businesspeople failed to listen to these warnings and accept their responsibilities to plan and protect their businesses appropriately. For instance, many were seduced into believing debt is always cheap having been fed this theme by naïve or inexperienced people, or those with vested interests.
As a result, intellectually, these businesspeople became lazy and failed to see and act on the basis that good times and cheap debt could not continue unabated into the future for ever. The more experienced and conservative businesspeople came to the realisation that cheap debt and good times had a finite lifetime. As a consequence, they sought to mitigate some of the dangers by taking positive action to protect their businesses.
The reality is that history has always shown that times change and those which are prepared mentally and financially for the changes, are those best placed to survive. As the business environment changed, they were also best placed to survive and/or take advantage of any positive opportunities if they occurred.
The future ahead for all us will be different from what many have experienced in the immediate past. As a result, and unfortunately, many businesspeople and their businesses will not survive because they were not mentally, structurally, or financially prepared for the new world. Those businesspeople which manage better and grow the value of their businesses, did so because they adapted to the real world around them as it changed.
Data analytics is one of the tools of business which is used in business decision making these days. It can be a valuable business tool in the right circumstances.
In today’s digital world, one of the major problems is that data is often collected because it can be, irrespective of its value. As a result, the people relying on the data provided, are often swamped by the quantity of information and/or, its value can be lost or compromised and the outcomes misinterpreted.
In order to make any data produced useful, certain prerequisites are required. These include that the data must be:
Too often, data analytics is dominated by management’s vested needs and preparedness to spend appropriately to ensure the data is of value across the whole business for all users. As a result, data analytics is often not of the value or quality required. As a result, much of it is useless or leads to inappropriate decision making.
At the end of the day, data analytics is one of the tools of business which is used in business decision making. By not understanding the value and the basis of how the tool is used, means that its value if often compromised.
One of the most critical risks today will be selling at a profit. As history reminds us constantly, “… anybody can sell a dollar for 50 cents.”
It would be wise therefore to remember this old saying when purchase requests start flooding in, especially if your business is desperate for sales. In these troubled times, there will be many buyers, yet few of them will pay within in your B2B credit terms or lead to profitable sales. The reasons for this state of affairs will include the customer is:
One of the great tests of the authenticity of a customer’s financial status and worth in deciding whether they are a prospective or existing customer, is to offer to sell with a settlement discount policy or at a good discount for cash. The smart businesses focusing on price savings will take up these offers. Meanwhile, the dodgy, cash poor and the zombie businesses will not take up these offers because of their inability to access cash or finance, or they have no or little intention of paying you within terms.
As times become more difficult, the fact is that more and more customers will take risks to enter into dodgy purchase practices and raising false credit claims in order to survive. Your business therefore needs to be on guard more than ever before if it is to survive and prosper in these tough times.
One of the great enemies of all businesspeople is the red tape created by bureaucrats outside of your business, or those within your business. The flow-on effects of much of this red tape is the unintended negative consequences such as a lack of productivity and effective communication.
As a businessperson, it is always wise as a consequence to take heed of the dictates of society because when they are loud enough, a bureaucrat will create an edict to manage it. Within an organisation, the Machiavellian comes out in many bureaucrats. In either situation, this inevitably leads to another unnecessary cost that rarely ends up being a positive for your business.
Updates courtesy of www.asic.gov.au
01 July 2022
22-172MR ASIC to communicate negative audit review findings to directors
ASIC has announced that it will routinely communicate negative findings from its reviews of audit files to directors, rather than the current exception basis.
ASIC Commissioner Sean Hughes said, ‘Communicating our negative audit review findings to directors of entities audited will assist audit committees and directors to ask the auditor about the steps they are taking to improve audit quality, and to ensure that the audit is adequately resourced.’
‘Directors should support quality audits in the interests of investor and market confidence in the quality of financial reports’, said Mr Hughes.
ASIC will generally communicate audit quality findings and other matters from its review of audit files in our audit firm inspections to directors of the entities concerned where:
we have formed the view that an auditor has not obtained reasonable assurance that the entity’s financial report is free of material misstatement;
we have concerns that the auditor did not meet the independence requirements of the Corporations Act (including professional requirements), has not addressed the matter and/or has not adequately reported the matter in an auditor’s independence declaration; or
we consider any other matter should be drawn to the attention of the directors, audit committee or senior management of the audited entity.
07 July 2022
ASIC has commenced civil penalty proceedings in the Federal Court against Lanterne Fund Services Pty Ltd (Lanterne), alleging multiple failures to meet the obligations of its Australian financial services licence, including a failure to meet organisational competence requirements.
ASIC also alleges that Lanterne, under a ‘licensee for hire’ business model, failed to have adequate risk management systems and resources, including financial, technological and human resources, to carry out its supervisory arrangements.
ASIC Deputy Chair Sarah Court said, ‘ASIC is concerned that for an extended period there was a real risk of investor harm due to shortcomings in Lanterne’s systems and processes.
‘Despite Lanterne’s authorised representatives operating under its licence being responsible for over $1 billion in funds and collectively paying monthly fees of around $180,000 to Lanterne during this period, it appears to ASIC that Lanterne operated a wholly deficient business, with no compliance staff and almost no risk management processes in place.’
ASIC alleges that Lanterne failed to:
have in place adequate risk management systems,
have adequate resources (including financial, technological, and human resources) to provide the financial services and carry out supervisory arrangements,
maintain competence to provide its financial services,
ensure that its representatives were adequately trained,
take steps to ensure that its representatives complied with the financial services laws, and
do all things necessary ensure that the financial services were provided efficiently, honestly, and fairly.
ASIC has made product intervention orders by way of legislative instruments imposing conditions on the issuing of short term credit and continuing credit contracts to retail clients.
Today’s release follows ASIC’s public consultation through Consultation paper 355: Product intervention orders: Short term credit and continuing credit contracts (CP 355) which outlined ASIC proposals to make these orders.
ASIC’s orders, which come into force on Friday 15 July 2022, reinforce consumer protections by prohibiting the provision of short term credit and continuing credit contracts which involve unreasonably high fees charged to retail clients, in excess of the cost caps in the relevant exemptions in subsections 6(1) and 6(5) of the National Credit Code (Code).
ASIC Commissioner Sean Hughes said ‘ASIC identified significant detriment and harm especially to vulnerable consumers. ASIC has again exercised its powers to prevent borrowers being charged excessive fees to obtain these products.
These intervention orders will protect retail clients from predatory lending practices, and to prevent credit providers charging unreasonable fees in relation to small amounts of credit. This remains an area of concern for ASIC and will remain a priority especially as credit conditions tighten.’
ASIC continues to monitor the short term credit and continuing credit contracts markets and will take further regulatory and enforcement action as necessary, to address the risk of significant detriment and harm arising from the design and operation of these or similar products.
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15 July 2022
A recent federal court decision is a timely reminder for company directors about cybersecurity risk oversight and disclosure obligations, writes ASIC Commissioner Danielle Press.
So you have a risk management framework – but doesn't adequately address cybersecurity risk?
In an Australian first, an Australian financial services (AFS) licensee has been found to have breached its licence obligations after failing to adequately manage its cybersecurity risks and ensure the financial services covered by its licence were provided fairly and efficiently.
Cyber risk has been recognised by writers published by the World Economic Forum as “the most immediate and financially material sustainability risk that organisations face today”. The decision in ASIC vs RI Advice Group Pty Ltd serves as a timely reminder for company directors about cybersecurity risk oversight and disclosure obligations.
ASIC expects directors to ensure their organisation’s risk management framework adequately addresses cyber security risk, and that controls are implemented to protect key assets and enhance cyber resilience. Failing to do so could cause you to fall foul of your regulatory obligations.
21 July 2022
New caravan retailing: Ensuring industry compliance with the Australian Consumer Law
This report highlights areas of concern the Australian Competition and Consumer Commission (ACCC) has identified with the conduct of some suppliers and manufacturers in the new caravan retailing market. The report provides guidance to ensure businesses in this market comply with the Australian Consumer Law (ACL).
21 July 2022
Motor vehicle services and repair information sharing scheme: Draft guidance for data providers
This draft guidance for data providers provides information in relation to compliance with the Motor Vehicle Service and Repair Information Scheme. Data providers are invited to examine the draft guidance document and comment on it by Friday, 19 August 2022.
Data providers will receive a correspondence from the ACCC with a link to ‘citizenspace’ to make a submission.
If you believe you are a data provider and have not received an email from the ACCC to make a submission, please contact the ACCC by email to motorvehiclerepairinfo@accc.gov.au(link sends e-mail)
The final guidance will be published after comments have been received and reviewed.
07 July 2022
Payment redirection scams cost Australian businesses $227 million last year
Australian businesses lost $227 million to payment redirection scams in 2021, a 77 per cent increase compared to 2020, the ACCC’s latest Targeting Scams report reveals.
The report compiles data from Scamwatch, ReportCyber, major banks and money remitters, and other government agencies. It shows that payment redirection scams, also known as business email compromise, were the most financially damaging scams for Australian businesses in 2021.
In a payment redirection scam, scammers impersonate a business or its employees via email and request an upcoming payment be redirected to a fraudulent account.
“Scamwatch data shows that small and micro businesses lost the most money to scams last year,” ACCC Deputy Chair Mick Keogh said.
“The most common contact method scammers used against businesses was email, which is not surprising given the prevalence of payment redirection scams.”
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.