May 2021
This month we have been focusing on completing our next three-month observational report on what is happening in Australia due to the pandemic and recession. This report will be available in the first week of June if all goes to plan.
Included in this newsletter there are several links to interesting developments from Australian regulators ASIC, ACCC and AUSTRAC
There are two brochures from The Australian Small Business and Family Enterprise Ombudsman regarding tradies and the franchise industry which provide further interesting updates.
As always, if you wish to promote your business services at an affordable rate, contact Kim at kim@creditmatters.com.au. You will be surprised at the value we have to offer.
Bill Coles: Can I speak frankly? Lawrence Garfield: No. Lie to me! Tell me how thrilled you are to know me. I always speak frankly. I hate people who say, "Can we speak frankly?" It means they're bullshittin' me the rest of the time.
The current rhetoric of many is that whilst there is some damage to the business community due to the pandemic, it is not as bad as first anticipated. Even the people who were fearful at the beginning of the pandemic are starting to change their mind. Nevertheless, there are strong signs that a recession is still with us and will get worse over the years ahead.
The truth is, we are currently in the midst of a phoney recession as many people only see (or want to see) positive signs around them. As always, this positivity is propagated by people with vested interests. What many people are seeing and experiencing is a little bit like the phoney war in the first eight months of the World War 2. In this period, many people did not see any of the signs or sights of the war. Of course, the war was already in operation and building up. It was just that some sections of the world did not see the signs, or want to believe, the war would affect them.
This current recession is a bit like that because many are doing well and they do not see or feel the effects of those that are suffering. Alternatively, some people also do not want to see what is happening around them. We know for instance, that the global debt is now at a ridiculous high level. Closer to home, these same people do not want to see the empty shops in almost every shopping centre or precinct or town. It is perhaps because they also don’t see the people who have lost jobs or the landlords who no longer receive any income whilst their expenses increase.
However, like any other economic period, recessions also provide wonderful opportunities for survival and growth. You just need to manage your negative thoughts which may prevent you seizing opportunities and not be too optimistic so that you miss the risks ahead.
Those business people who understand the current dynamics, opportunities and risks, are careful not to let either extreme opinion dominate their thinking or actions. It is these people which keep an open mind to different thoughts, cultivate acquaintances of both extremes, plus all those in between, which will always do the best now and into the future.
Experience suggests every new CEO or CFO needs to understand the dynamics of their appointment first, and in particular, what they can or cannot do before taking any action.
One key aspect of their authority should be to allow them discretion on what bad debts they can write off. Two types of write off should be those bad debts which are quickly obvious are bad and those where the account or an invoice will never be collected. The other write-off should be those customers which should be let go unless they are willing to pay up-front for any purchases. Every effort should be made to keep these customers still willing to pay cash upfront.
Bad accounts kept in the Debtors ledger because management is afraid to write them off, wastes time and drains your employees of their energy to work on positive outcomes. Dealing with these accounts, even briefly, distracts your employees from concentrating on the other customers and keep the cash flowing, or which with a bit of extra attention could be made profitable.
All other difficult customer accounts need to be investigated to see if the problem is caused by inefficiencies within your own busines; e.g., lack of care, poor processes, lack of staff etc. If this is the case, every effort needs to be taken to solve the issues inhouse to try and win back the customer.
If the customer is the current problem, then they should be contacted in a cordial and neutral manner to see if they can be converted in to a profitable customer. After all, every bad customer drains your business’s cashflow and profits. A good customer meanwhile which has become alienated and leaves to do business with a competitor, supports their cashflow and profit growth.
Unfortunately, many new CEO’s and CFO’s do not get these messages and strive to be champions by collecting the payments from those delinquent accounts which should be written off. If not written off, these accounts will continue to waste time which could spent on the other accounts which may have been saved.
One of the hardest tasks of any credit or accounts manager is to convince management, especially if they are also the owner of a business, to write off an invoice that is never going to be paid. In the eyes of management or a business owner, all invoices are an asset of the business. Unfortunately, the truth is far different.
An uncollectable invoice that has no chance of being paid, is always a liability. It soaks up time and saps energy out your employees who have to deal with it knowing there is no chance of it being paid.
In addition, when an uncollectable invoice is not written off, it also has other negative cost implications. For instance, a review may be missed to learn from the situation, time wasted which could be better spent by improving your business’s processes, customer service standards, or more profitable customers and sales.
Interesting thought by George Zeidan seen on LinkedIn recently when thinking about protecting your business’s brand.
“It is worth remembering that the worst thing you can do is not tell people that customer service rep with whom they are chatting is not a human. Be upfront they are communicating with a nonhuman. If they find out later they weren’t talking to an actual person, then they will feel tricked by your brand."
Too often, when we interact with an online "helper" we are left disappointed with the outcome. This means we are either dealing with a dud employee or a nonhuman. In either case, this distracts from the customer experience and makes us wonder whether we should be buying from that supplier in the future. Nothing drives a customer to your competitor quicker than a bad experience.
Updates courtesy of www.asic.gov.au
05 May 2021
21-094MR Firms offering debt management services require credit licence to operate
ASIC has today released an information sheet for providers of debt management services that explains their new regulatory obligations, including the requirement to be licensed.
The National Consumer Credit Protection Amendment (Debt Management Services) Regulations 2021 (Regulations), made on 29 April 2021, prescribe certain debt management services as a ‘credit activity’ for the purposes of the National Consumer Credit Protection Act 2009 (National Credit Act).
Under the Regulations, a ‘debt management service’ broadly covers services such as ‘credit repair’ and ‘debt negotiation’ that are carried out in relation to a consumer credit contract and where a consumer is required to pay.
From 1 July 2021, subject to transitional arrangements, providers of debt management services must hold a credit licence with an authorisation that covers debt management services. The transitional arrangements allow for the continued provision of debt management services while a provider is actively taking steps to be covered by a credit licence. Specifically, under the transitional arrangements, if you intend to provide debt management services from 1 July 2021, you will need to, by 30 June 2021:
have applied for, and have ASIC accept for lodgement, a credit licence application or variation that covers this activity (or have arrangements to act as a representative of a provider that has applied for a licence to cover this activity), and
be a member of the Australian Financial Complaints Authority (AFCA).
10 May 2021
SIC has granted responsible entities of registered litigation funding schemes temporary relief from the requirement to disclose certain sensitive information in dollar terms in the scheme’s Product Disclosure Statement (PDS).
The relief only exempts dollar disclosure of:
the funding budget;
legal costs budget;
adverse costs insurance premiums;
estimated funding;
estimated legal costs; and
estimated claim proceeds.
21 May 2021
21-108MR ASIC consults on updates to the ePayments Code
ASIC has today released a consultation paper (CP 341) seeking feedback on proposed updates to the ePayments Code.
The updates are designed to ensure the Code continues to be effective and relevant to consumers and subscribers. ASIC’s proposed updates primarily relate to the following areas of the Code:
compliance monitoring and data reporting;
mistaken internet payments;
small business protections;
unauthorised transactions; and
complaints handling.
The review also considers options for modernising the Code, to reflect changes in the field of electronic payments since the Code’s last review.
21 May 2021
Mr Alexander McCulloch, a former project manager at Beacon Minerals Limited (Beacon Minerals) and Mr Darryl Brian Mapleson, who provided geological services to the company, have both appeared in the Perth Magistrates’ Court today charged with insider trading.
11 May 2021
Suspicious website alert: limestonefx.com
ASIC is alerting investors about a suspicious site, limestonefx.com.
The limestonefx.com site falsely claims it is associated with Limestone FX Pty Ltd, an authorised representative of Baileyhenry Capital Group Pty Limited, an Australian financial services (AFS) licensee.
The licensee and authorised representative have advised ASIC that they do not have any connection to the website.
Cursor hovering over security icon on computer screen
ASIC has received reports predominantly from people who invested via limestonefx.com. These investors advised ASIC that they are now unable to withdraw their investments.
13 May 2021
Scam alert: Self-managed super fund rollover
ASIC is aware of scams targeting Australians to establish self-managed superannuation funds (SMSFs)
People are cold called or emailed and asked to transfer funds from an existing super account to a new SMSF. The super balances are instead transferred to bank accounts controlled by scammers
Be wary of being cold called or contacted from people promoting SMSFs, particularly with promises of high returns
14 May 2021
ASIC warns against fake news articles promoting investment scams
ASIC has received an increased number of reports from consumers who have lost money after responding to advertisements disguised as fake news articles
These advertisements are mostly promoting crypto-assets (or crypto-currency) and contracts for difference (CFD) trading
ASIC has also seen advertisements and websites falsely using ASIC logos or misleadingly saying the investment is ‘approved’ by ASIC
04 May 2021
AUSTRAC issues remedial direction to Australian Military Bank
AUSTRAC has issued a remedial direction to Australian Military Bank Ltd (AMB) requiring the mutual bank to review and uplift its compliance with Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) laws.
The action follows ongoing regulatory engagement with AMB which identified concerns related to the effectiveness of AMB’s AML/CTF systems and controls.
The remedial direction requires AMB to:
With the assistance of an independent auditor, conduct an assessment of the money laundering and terrorism financing risks faced by the business.
Improve its systems, controls and record keeping; this includes addressing concerns related to its AML/CTF program, implementing appropriate systems to collect and verify information to identify a customer (Know Your Customer), ensuring compliance with reporting obligations and reviewing its governance and oversight arrangements to ensure senior management and its board maintain oversight.
Appoint a second independent auditor to assess whether AMB has implemented measures and addressed any deficiencies in its compliance.
29 April 2021
New SMR guidance resources to help you submit more effective SMRs
AUSTRAC has just released a suite of educational resources, with real-life examples, on how to submit more effective suspicious matter reports (SMRs).
The new resources include a reference guide and checklist, and feature guidance on how to write succinct, accurate and clear grounds for suspicion. The reference guide also contains several SMR examples, both good and bad, to illustrate the different types of SMRs received by AUSTRAC.
The checklist resource includes a summary of all the main points outlined in the reference guide, allowing for quick and easy access for reporting entities when submitting SMRs to AUSTRAC.
Remember, clear and effective SMR reporting helps AUSTRAC to generate more actionable intelligence for police and other partner agencies. It is also an important part of your AML/CTF reporting obligations.
29 April 2021
ACCC issues public warning notice about Postage Ink
The ACCC has issued a public warning notice about the conduct of Postage Ink Pty Limited in relation to the unsolicited supply of labels and ink cartridges and other consumables for postage meters to business customers.
The ACCC’s action follows complaints from businesses which use postage meters, also known as franking machines, and which had been contacted by Postage Ink in respect of unsolicited sales or payments.
In issuing the public warning notice, the ACCC has reasonable grounds to suspect that Postage Ink’s conduct in engaging in the supply of unsolicited goods by sending postage meter ink cartridges to businesses which had not ordered them, and subsequently seeking payment for the ink cartridges and other consumables for their postage meter, may breach the Australian Consumer Law (ACL).
The ACCC also has reasonable grounds to suspect that representatives of Postage Ink contacted various businesses and, in breach of the ACL, falsely represented that Postage Ink had an ongoing supply relationship with them, leading their staff to place orders with Postage Ink.
29 April 2021
Megasave and Gary Bourne to pay penalties for misleading prospective franchisees
The Federal Court has ordered Megasave Couriers Australia Pty Ltd (Megasave) to pay $1.9 million in penalties for making false or misleading representations to prospective franchisees, in proceedings brought by the ACCC.
Megasave’s sole director Gary Bourne has also been ordered to pay a penalty of $120,000.
In March 2021, the Court declared by consent that Megasave made false or misleading representations to prospective franchisees about guaranteed minimum weekly payments and guaranteed annual income, and that its sole director Gary Bourne was knowingly concerned in the conduct.
03 May 2021
Jayco to pay $75,000 for misleading a consumer about consumer guarantee rights
The Federal Court has ordered caravan manufacturer Jayco Corporation Pty Ltd (Jayco) to pay a penalty of $75,000 for making a false or misleading representation to a consumer about their consumer guarantee rights, following court proceedings by the ACCC.
In November 2020, the Federal Court dismissed the majority of the ACCC’s case, including the allegation that Jayco acted unconscionably towards four consumers by denying them the right to refunds or replacements for their defective caravans. The Court, however, found that Jayco had misled one consumer by representing that they were only entitled to have their caravan repaired, when in fact a consumer’s rights under the Australian Consumer Law when there is a major failure also include a refund or replacement.
13 May 2021
ACCC takes action over alleged attempted cartel for National Gallery of Australia tender
he ACCC has instituted civil proceedings in the Federal Court against Delta Building Automation Pty Ltd (Delta) and its sole director, Timothy Davis, for involvement in an alleged attempt to rig a bid in connection with a tender conducted by the National Gallery of Australia in Canberra.
The alleged attempted cartel conduct occurred in late 2019, and relates to a tender for the replacement and ongoing maintenance of a building management system at the National Gallery.
The National Gallery was not involved in or aware of the alleged conduct at the time, and did not suffer any loss.
Delta is a company which designs, installs and maintains building management systems which manage equipment in large buildings.
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