October 2021
First, our apologies for the late supply of our September newsletter, a little technology glitch caused the problem which has since been fixed.
At the moment, due to a change of circumstances, all good, we are working on the development of a new format and operations for Credit Matters. This process will take a little time.
In the meantime, we will continue to send our monthly newsletters and if you would like to promote your business services you can still contact Kim at kim@creditmatters.com.au.
In addition, Kim is still available to help with your questions and concerns if you need any assistance. After all the real recession, although it is not the “officially recognised recession” one, is gaining momentum and therefore it may be wise to contact Kim to see if he can assist.
Please note it doesn’t hurt to make contact if you have any questions or realise you need help. It will hurt however, if there are actions you could have taken but didn’t because you didn’t ask for help, or ask the questions that are worrying you.
Attached are two more important reports from The Australian Small Business and Family Enterprise Ombudsman.
The death of democracy is not likely to be an assassination from ambush. It will be a slow extinction from apathy, indifference, and undernourishment. Robert M. Hutchins
You might well ask what this quote has to with business? The answer, the theme of this saying, also relates to protecting the rights and assets of your business,
Many businesspeople and managers only think of the negatives of having their customers sign properly prepared trading contracts with strict payment terms. The negatives include:
(i) the cost of having the documentation prepared by a suitably qualified lawyer;
(ii) to ensure the documents have been properly signed by the customer; and
(iii) if the documentation is not properly signed, the associated time and emotional issues on whether it is worth the risk of having the documents signed properly;
(iv) deciding and then insisting that the documents be signed and returned before any goods or services are supplied.
In addition, there are the emotional and dollar costs which need to be paid when it comes to enforcing the contract if the customer does not pay. These negative factors are:
(i) wasting time in first sending the customer’s account for debt collection because the supplier doesn’t want to “upset” the customer, and then if the account is not paid;
(ii) whether or not to commence legal action because of the perceived lack of success of forcing the customer into paying the debt by legal action.
What is often forgotten by management and business owners, is that these actions are all focused on asset protection. When this aspect is forgotten, and your business’s rights are not enforced, then this means all the previous costs to the final stage are wasted. In addition, over time debtors also learn they can steal from your firm with a minimum of cost to themselves.
The similar nature of not protecting democracy and your business’s rights, are therefore the same. If you don’t fight and understand the need for protecting either, you cannot complain when they are lost.
It is the attention to details plus identifying what is right or wrong with a situation or process which is often the indication that all is not well.
Unfortunately, and all too often, the employee who discovers all is not well in the business, is often ridiculed for bringing the problem to the attention of management and for asking awkward questions.
There any many reasons for the above responses by management, and this discussion is for another occasion. The important point I wish to make in this article, the situations and awkward questions highlighted by these “annoying employees” should never be underestimated.
The two main reasons for not acting with interest and concern are as follows.
First, if a problem is highlighted and acted on, it may lead to substantial cost savings, or the identification of, or in preventing a fraud in the first place.
Second, if management treats the information provided incorrectly with ridicule or without due respect, the “annoying” employee may stop providing valuable information which leads to further unnecessary costs. Worse still, if the employee feels aggrieved enough, they may just exploit the situation for their own benefit.
It would be wise therefore, if management learnt to deal properly with those employees which others may assume to be annoying and a problem. After all, it doesn’t matter the source of the information, every opportunity highlighting a potential problem, is necessary to save costs and prevent fraud.
Many fraudsters and criminals are better businesspeople than mainstream businesspeople trying to operate legally.
If fraudsters and criminals generally are the great businesspeople, what can we as mainstream businessowners and managers learn from them?
The first factor, which is the stumbling block for most people, is that crime involves theft and deception with a good possibility of going to jail. It is these factors, coupled with the upbringing of many people, are amongst the reasons why mainstream businesspeople overlook the fact that criminals are also businesspeople.
As a result, mainstream businesspeople often overlook the factors that make crime such a profitable business enterprise. Not for one minute am I advocating that you become a criminal, what I am advocating is that you study criminals “business behaviour and attributes”.
So why are criminals so good at what they do? A review of their key attributes and operating practices of criminals includes the following.
It is these factors which make criminals such good businesspeople and are lacking in so many mainstream businesspeople these days. Make no mistake, the best of businesspeople who don’t resort to criminality, also adhere to the above attributes without going to jail.
A businessperson needs to understand what is happening in the business community in order to protect and/or take advantage of the help to improve their business.
One independent source of business information for micro, small and medium sized business as a starting point for further action is The Australian Small Business and Family Enterprise Ombudsman.
One of the key support mechanisms they offer are free media or newsletters, which can be obtained via these links:
www.asbfeo.gov.au/news/media-releases or
Newsletters | Australian Small Business and Family Enterprise Ombudsman (asbfeo.gov.au)
I can only vouch for the fact that as a small business operator, I have found much of their information invaluable over the years.
theBankDoctor offers free banking and finance advice to help small business owners get the best business banking set-up.
25 October 2021
Judo Bank is a classic gamekeeper turned poacher story involving former big bank executives Joseph Healy and David Hornery taking on their old employers who they say have lost the craft of relationship banking.
Having earned its banking licence in 2019, Judo has grown from scratch to a loan book of $3.5 billion. It expects to reach $6 billion by June 2022 with a forecast after tax profit of $5.2 million. Judo is due to list on the ASX next Monday with a valuation at $2.317 billion.
Gaining the licence helped Judo immeasurably. It provided access to $2.86 billion of funding at 0.10 per cent under the Government’s Term Funding Facility. Judo is one of the few lenders approved under each phase of the $40 billion Coronavirus SME Guarantee Scheme and it was approved for $250 billion under the Structured Finance Support Fund.
Updates courtesy of www.asic.gov.au
11 October 2021
21-265MR ASIC commences proceedings against superannuation trustee Diversa Trustees Limited
ASIC has commenced civil penalty proceedings in the Federal Court against Diversa Trustees Limited (Diversa).
ASIC alleges that between March 2019 and December 2020, Diversa, a superannuation trustee, or its representatives:
were aware that ASIC was investigating a business run by financial adviser Mr Nizi Bhandari for contraventions of the law;
despite its knowledge of these matters, did not take adequate action and continued to allow Mr Bhandari to put clients into Diversa’s superannuation product; and
continued to allow the payment of fees from the superannuation fund to Mr Bhandari.
Diversa, which operates as a professional superannuation trustee, relies on ‘promoters’ or third parties to run many of the day-to-day operations of its fund. ASIC alleges that the OneVue company group acted on behalf of Diversa and facilitated Mr Bhandari putting clients into Diversa products via Mr Bhandari’s company, The Australian Dealer Group Pty Ltd.
ASIC also alleges that Diversa did not act efficiently, honestly and fairly because it failed to provide proper oversight of the activities of OneVue nor take appropriate action regarding the activities of The Australian Dealer Group and Mr Bhandari involving its superannuation fund.
This is the second case taken by ASIC against a professional trustee for conduct by outsourced service providers following enforcement action against Tidswell (21-190MR).
13 October 2021
21-267MR ASIC calls on Australian CEOs to review whistleblower policies
Whistleblowers are an essential part of an organisation’s ability to detect misconduct and identify, escalate and address issues.
ASIC has written to CEOs of public companies, large proprietary companies and trustees of registrable superannuation entities (RSEs) urging them to review their whistleblower policies to ensure they comply with the law.
ASIC reviewed a select sample of whistleblower policies and is concerned the majority of those policies did not fully address the relevant requirements.
As a result, whistleblowers may not know how they are protected, or feel unsure about how to speak up. This could lead to entities missing opportunities to identify and address potential misconduct at an early stage.
ASIC’s letter to CEOs:
Reminds entities of their obligation to have a whistleblower policy that reflects the strengthened whistleblower protection regime that started on 1 July 2019
identifies where policies in our sample fell short, and
highlights what entities can do to improve their policies.
15 October 2021
SIC has today issued a notice and guidance to help listed entities comply with their new obligation to disclose information about Jobkeeper payments to the market.
New Jobkeeper obligations commenced on 14 September 2021, requiring all listed entities that received Jobkeeper payments to give a notice to the relevant market operator outlining:
the listed entity’s name and ABN
the number of individuals for whom the entity or its subsidiaries received Jobkeeper payments each fortnight that ended in the financial year
the total amount of Jobkeeper payments the entity and its subsidiaries received in a Jobkeeper fortnight that ended in the financial year
whether or not the entity or its subsidiaries made voluntary repayments of Jobkeeper payments, and the total amount of those repayments if they did.
18 October 2021
21-274MR ASIC proposes extending its CFD product intervention order
ASIC has today released Consultation Paper 348 Extension of the CFD Product Intervention Order (CP 348), seeking feedback on a proposal to extend its product intervention order imposing conditions on the issue and distribution of contracts for difference (CFDs) to retail clients until it is revoked or sunsets on 1 April 2031.
The product intervention order will expire on 23 May 2022 unless it is extended with the approval of the Minister.
Since 29 March 2021, ASIC’s product intervention order has strengthened protections for retail clients by reducing CFD leverage, standardising margin close-out arrangements, protecting against negative account balances and prohibiting CFD providers from giving certain inducements to retail clients.
During the product intervention order’s first three months of operation, ASIC observed significant improvements in key metrics and indicators of retail client detriment from CFD trading, including:
Reduced retail client losses:
retail clients made net losses of $22 million from CFD trading—a reduction to 94% of the quarterly average of $372 million in the year prior to the product intervention order
there were 45% fewer loss-making retail client accounts compared with the quarterly average in the prior year, whereas the number of profit-making retail client accounts reduced by only 4% across the same period, and
aggregate and average losses made by loss-making retail client accounts also decreased.
The proportion of profit-making and loss-making retail client accounts was evenly split at 50%, compared with a quarterly average of 36% profit making accounts and 64% loss-making accounts in the prior year.
Margin close-outs, where a retail client’s CFD position(s) are closed before all or most of the client’s investment is lost, decreased by 85%.
Negative balance instances reduced tenfold for retail clients.
By contrast, the proportion of profit-making and loss-making wholesale client accounts in the period remained relatively stable at 37% and 63% respectively. The product intervention order does not apply to CFDs issued to wholesale clients.
ASIC will continue to monitor and assess the performance of the CFD product intervention order during the consultation period.
ASIC welcomes feedback on CP 348 by 29 November 2021.
27 September 2021
Big changes are coming to AUSTRAC Online
Over the next four years the System Transformation Program will bring substantial changes to AUSTRAC Online, transforming the way regulated entities interact and report to AUSTRAC.
These changes include a modern and intuitive user interface, ensuring the platform is tailored for different industries and portal access on multiple platforms, including mobile devices.
Your feedback about AUSTRAC Online
Earlier this year we established a Customer Advisory Group (CAG), made up of businesses from a cross-section of industries, sizes and complexities. In June 2021, CAG members were given the opportunity to provide feedback about what works and what needs improvement in AUSTRAC Online.
Read our recent news article to learn more about the feedback we received and how we plan to address it.
Improvements for reporting and customer management functions
Over the next four years the Program will transform all aspects of transaction reporting to:
introduce high-speed channels for file uploads
introduce a dashboard, which will provide you with:
feedback on submitted transaction reports
access to submitted transaction reports and the ability to make corrections to these reports
ensure transaction reports can be used effectively by all industries and scenarios, by reviewing the design and structure.
The Program will also make changes to customer management functions, including:
streamlined enrolment and registration processes
a modern contact management capability
a secure environment for:
access to relevant guidance information
formal notices and the ability to upload responses.
If you have any questions or would like to participate in the CAG to help shape the future of AUSTRAC Online, email haveyoursay@austrac.gov.au.
27 September 2021
Remittance service providers: guidance is now available in languages other than English
To support culturally and linguistically diverse businesses and their customers, we recently released guidance materials for remittance service providers in a range of languages other than English.
The resources include fact sheets and guides to help you understand your obligations and manage your risks, and they cover:
risk management
identifying individual customers
submitting suspicious matter reports
submitting international funds transfer instruction reports
why asking for identification is important (to display for customers).
View and download the guidance resources in Arabic, Chinese (Simplified), Dari, Farsi, Swahili, Urdu and Vietnamese.
For more resources and guidance, see our industry-specific guidance page for remittance service providers (in English).
27 September 2021
Catch up on the latest ML/TF risk assessments
USTRAC’s rolling risk assessment program examines current money laundering and terrorism financing (ML/TF) threats and vulnerabilities in specific parts of Australia’s financial sector.
AUSTRAC’s risk assessments are an important resource for reporting entities to understand their risk environments, help refine internal controls and better meet reporting obligations – particularly in relation to suspicious matter reporting.
The non-bank lending and financing sector risk assessment was released earlier in the year, while a risk assessment of junket tour operations in Australia was released in December 2020.
The junket tour operations risk assessment is the first in a series of risk assessments to be delivered as part of an externally-funded program of ML/TF risk assessments. In September 2018, Australia’s former Minister for Home Affairs announced nearly $5.2 million in funding to AUSTRAC to work with industry partners on additional targeted national ML/TF risk assessments for Australia’s largest financial sectors—the banking, remittance and gambling sectors.
Bringing together insights from industry with intelligence from AUSTRAC and our partner agencies, these risk assessments have been developed to assist these sectors to identify, understand and disrupt serious criminal activity targeting Australia’s financial system.
On Monday 6 September 2021, AUSTRAC released four new banking risk assessments, which examine the threats criminals pose to major banks, other domestic banks, foreign subsidiary banks and foreign bank branches operating in Australia. There’s also a key findings overview that shows how ML/TF risk is distributed across Australia’s banking sector.
Upcoming risk assessments due for release in the next 12-18 months will focus on remittance network providers and their affiliates, independent remittance providers, Australian casinos and the bullion sector.
View published risk assessments on our website.
30 September 2021
Public hearings into allegations of serious corrupt conduct involving Victorian public officers, including Members of Parliament, will commence on 11 October.
The hearings are part of Operation Watts, a coordinated investigation between IBAC and the Victorian Ombudsman, which is looking into a range of matters including allegations of 'branch stacking' which aired in media reports in 2020.
The public hearings will examine allegations that Victorian public officers engaged in corrupt conduct by directing taxpayer-funded ministerial and electorate office staff to perform party‐political work during times when those staff were being paid to perform ministerial or electorate work.
They will also examine allegations that public money intended to fund community associations was misused for party‐political work or other improper purposes.
01 September 2021
IBAC charges former secondary school employee
The Independent Broad-based Anti-corruption Commission (IBAC) has charged a former secondary school employee with 12 charges of obtaining financial advantage by deception.
The charges follow an IBAC investigation, Operation McKenzie, which began in February 2019, into the person's connection to invoices which were submitted to the school for services, between 2013 and 2019 in St Albans.
The first court appearance will be at Melbourne Magistrates’ Court on 4 October 2021.
IBAC is Victoria's agency responsible for preventing and exposing public sector corruption and police misconduct. IBAC's jurisdiction covers state and local government, police, parliament and the judiciary. This includes investigating relevant matters involving the Department of Education and Training and its employees.
Media contact: media@ibac.vic.gov.au or 0427 480 840
Editors please note: As this matter is now before the Court, no further comment will be provided.
Categories: Media release
01 September 2021
A new research report released by the Independent Broad-based Anti-Corruption Commission (IBAC) alerts Victorian government departments and community service organisations (CSO) to key corruption risks. These include procurement and contract management, conflicts of interest, cash handling, false/inaccurate reporting practices and misuse of sensitive information.
Vulnerabilities in how departments and CSO boards oversight the delivery of government-funded services by CSOs, overlap or duplication of regulatory activity, and gaps in CSOs' governance and corruption prevention frameworks were also highlighted as potential corruption risks.
IBAC's research report, Corruption risks associated with government-funded human services delivered by community organisations highlights the corruption risks and drivers that can be experienced by CSOs and identifies ways to mitigate the risks.
13 October 2021
ACCC seeks urgent injunction to halt Virtus acquiring Adora fertility clinics
The ACCC has filed proceedings in the Federal Court seeking an urgent injunction to stop the proposed completion of Virtus Health’s acquisition of Adora Fertility from Healius Limited.
Virtus and Adora are leading providers of IVF services. Both companies operate fertility clinics in Brisbane, Sydney and Melbourne.
Virtus notified the ACCC of its intention to acquire Adora Fertility on 30 August 2021 and provided very limited information to the ACCC. On 21 September, after notifying Virtus that it had concluded that it was not possible to grant early merger clearance, the ACCC commenced a public review of the transaction. Last week, the merger parties notified the ACCC that the parties proposed to complete the transaction this Friday, 15 October 2021, even though the ACCC’s review will not have been completed.
Competition in Australia faces big challenges
Significant challenges facing competition law and policy need to be confronted and solved if our market economy is to work for all Australians, ACCC Chair Rod Sims said today. Innovation, productivity and the welfare of Australians depends on there being an adequate level of competition.
In a speech to the Competition Law and Economics Workshop jointly hosted by the University of South Australia and the ACCC, Mr Sims said three main competition issues needed to be addressed to protect the health of our economy: merger law reform, the need to prove the future in competition cases, and the role of new regulation for digital platforms.
“Merger control is critical to protecting and promoting competition. It is the gatekeeper, protecting us from the negative effects of increases in concentration,” Mr Sims said.
“If we are serious about protecting competition in this country, we must ensure our merger control regime works as effectively as possible, and that it is consistent with international best practice.”
22 October 2021
Promoting a more competitive ad tech industry
A competitive ad tech supply chain is important for Australian advertisers, publishers and ultimately consumers, ACCC Chair Rod Sims said today.
Speaking at a Global Competition Review webinar about the ACCC’s Digital advertising services inquiry, Mr Sims said that without strong competition in the ad tech supply chain advertisers and publishers pay more for ad tech services. When publishers receive less for the advertising space on their websites or apps, this is likely to lead to less and poorer quality online content for consumers. Increased fees for advertisers results in consumers paying more for advertised goods, he said.
The final report of the ACCC’s Ad tech inquiry, released last month, found that competition for ad tech services is ineffective and that Google dominates the ad tech supply chain.
“Google’s vertical integration and dominance in the supply chain, as well as its strong position in related services such as YouTube, has allowed it to engage in leveraging and self-preferencing conduct, which have likely interfered with the competitive process,” Mr Sims said.
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.
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