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Australian Regulatory Compliance Review Australian Regulatory Compliance Review

information about Australian laws, regulations and legal compliance particulartly in the financial services industry

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Last Entry: June 15, 2014 at 16:41:06

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Income Tax Consolidation Regime: Exposure draft legislation

Posted on April 28, 2009
The Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, the Hon Chris Bowen MP, has released exposure draft legislation to improve the income tax consolidation regime and associated explanatory material. The exposure draft legislation implements announced changes to...


ACCC v Pratt criminal charges dropped

Posted on April 28, 2009
The perjury charges against Richard Pratt for providing false or misleading evidence in the course of ACCC's investigation into Visy's cartel conduct in the corrugated fibreboard packaging industry were discontinued on 27 April. The Federal Court judge had ruled that...


APRA consults on the use of reserves in superannuation funds

Posted on April 28, 2009
The Australian Prudential Regulation Authority (APRA) has released draft guidance on the management of reserves by APRA-regulated superannuation trustees. A discussion paper and draft Prudential Practice Guide 235 Use of reserves in superannuation funds (SPG 235) have been provided for...


Superannuation review

Posted on April 28, 2009
Senator Nick Sherry, Minister for Superannuation and Corporate Law and a coalition of peak superannuation industry bodies have released a Communiqué of Principles on the Australian superannuation system, including a resolution that the current operational features of the system be...


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Draft National Consumer Credit Reform package released

Posted on April 27, 2009
Senator Nick Sherry, Minister for Superannuation and Corporate Law, has released the draft National Consumer Credit Reform package for comment by Friday 22 May 2009. The package consists of drafts of the following: National Consumer Credit Protection Bill 2009 (the...


Draft AML/CTF Rules relating to the sale of shares for charitable purposes

Posted on April 23, 2009
Austrac has released for consultation draft AML/CTF Rules relating to the sale of shares for charitable purposes. These draft AML/CTF Rules exempt from the customer identification provisions of the AML/CTF Act, those persons who provide an item 33 designated service...


Queensland Government responds to review of government boards

Posted on April 22, 2009
The Queensland Government has responded to the recommendations in the Brokering Balance Report by agreeing to the abolition of 103 government bodies. The underlying principle set out in the Report is that the establishment of a separate government body should...


ASIC v James Hardie decision: company, directors and officers were misleading

Posted on April 22, 2009
In Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287 the New South Wales Supreme Court has decided in favour of ASIC's civil claim that a number of statements in the Draft ASX Announcement by James Hardie...


Ice TV wins High Court appeal

Posted on April 22, 2009
In IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14, the High Court has decided (6-0) that IceTV's use of some of Nine Network's time and title information obtained from aggregated program guides did not infringe Nine's...


Consumer credit reform update

Posted on April 21, 2009
The Minister for Superannuation and Corporate Law, Senator the Hon Nick Sherry has announced that the legislation for consumer credit reform will be passed by September with licensing to commence by 1 January 2010. Draft bills are now expected by...


International treaty database

Posted on April 21, 2009
Australia's laws are increasingly reflecting its obligations under international treaties. The FLARE Index to Treaties which was launched in March 2009 is a fully searchable database indexing and listing over 1,500 of the most significant multilateral treaties concluded from 1856...


Lobbyists Registers

Posted on April 20, 2009
Lobbyists Registers contain information about lobbyists who make representations to Government on behalf of their clients including: the business registration details and trading names of each lobbyist including, where the business is not a publicly listed company, the names of...


Fair Work Act

Posted on April 20, 2009
The Fair Work Act is now available here on ComLaw.


Standing Committee of Attorneys-General meeting decisions April 2009

Posted on April 18, 2009
The Standing Committee of Attorneys-General (SCAG) meeting outcomes of its April 2009 meeting include the following: Electronic Transactions Acts Ministers have agreed that amendments to the uniform Electronic Transactions Acts that could implement the UN Convention on Electronic Communications in...


Management of companies and provision of credit by organised criminal groups

Posted on April 18, 2009
Senator Nick Sherry, Minister for Superannuation and Corporate Law, has announced details of an agreement between the Commonwealth and States and Territories at the Ministerial Council for Corporations relating to concerns over the use and management of companies by organised...


Audit of company director liability laws

Posted on April 17, 2009
Senator Nick Sherry, Minister for Superannuation and Corporate Law, has announced that the Commonwealth will conduct an audit of its laws that impact on the issue of company director liability and will do so against the principles developed by the...


ASIC announces term deposit review

Posted on April 16, 2009
ASIC has announced that it will be conducting a marketing and disclosure review of the term deposit market. It expects to complete the review by the end of May 2009. ASIC has also released an investor and consumer guide on...


BrisConnections: let the members decide

Posted on April 14, 2009
The general principle that is applied in disputes as to whether a resolution should be allowed to proceed to a meeting of members is, if the matter is within the power of members to decide, let them decide. Courts are...


The public debate on executive pay

Posted on April 13, 2009
SBS's Insight program is always well researched and last week's program Are executive salaries justifiable? is worth reviewing. You can either see the video or read the transcript online. Representatives of the major stakeholders participated including Corporate Law Minister Nick...


Access to company books and insurance details

Posted on April 12, 2009
One of the key factors in shareholders deciding to sue directors of companies (including by way of a derivative action under s237 of the Corporations Act), is whether they can find evidence of unlawful conduct and whether the directors hold...


Contribution of the Not for Profit Sector

Posted on April 09, 2009
The Productivity Commission has released an Issues Paper seeking submissions on the contributions of the not for profit sector. The study's focus is on: improving the measurement of the sector's contributions removing obstacles to maximising its contributions to society...


Regulation of Director and Executive Remuneration in Australia

Posted on April 07, 2009
The Productivity Commission has published an Issues Paper relating to its public inquiry into the regulatory framework around remuneration of directors and executives of companies regulated under the Corporations Act. Initial submissions are due by 29 May 2009


Tax bonus is constitutional

Posted on April 06, 2009
The High Court has announced its decision in Pape's challenge to the validity of the Tax Bonus for Working Australians Act (No 2) 2009 (Cth): The Bonus Act is a valid law of the Commonwealth. The High Court will give...


Retail Investor Protection on Partly Paid Securities

Posted on April 06, 2009
Senator Nick Sherry, Minister for Superannuation and Corporate Law, has allowed changes to the Australian Securities Exchange (ASX) market rules to boost retail investor disclosure and protection in relation to "partly paid securities". Partly paid securities, or instalment receipts, are...


Banks agree to A Common Approach for Assisting Borrowers Facing Financial Hardship

Posted on April 06, 2009
The Treasurer has announced a new agreement between the Australian Government and the four major banks, to assist borrowers who are experiencing financial difficulty as a result of the global recession. The Principles place obligations on the four major banks...


Stage 2 modernised awards announced

Posted on April 06, 2009
The Australian Industrial Relations Commission has announced 27 modern awards as part of Stage 2 of its award modernisation process. The Awards to apply from 1 January 2010 are: Aged Care Award 2010 Banking, Finance and Insurance Award 2010 Building....


G20 London Summit Outcomes

Posted on April 05, 2009
Leaders of the world?s largest economies have agreed a $1.1 trillion package of measures to restore growth and jobs and rebuild confidence and trust in the financial system:London Summit Outcomes and Final Communique


Managing conflicts in super fund trustees

Posted on April 05, 2009
The Australian Prudential Regulation Authority (APRA) has released for public consultation draft guidance on managing conflicts of interest for APRA-supervised superannuation trustees (known as Registrable Superannuation Entity (RSE licensees).Download discussion paper and draft Prudential Practice Guide 521 Conflicts of interest...


Superannuation fund performance disclosure

Posted on April 01, 2009
The Corporations Regulations 2001 have been amended by the Corporations Amendment Regulations 2009 (No. 3) to require superannuation funds (other than self managed superannuation funds) to disclose five and ten year average returns in periodic member statements...


Superannuation fund performance disclosure

Posted on April 01, 2009
The Corporations Regulations 2001 have been amended by the Corporations Amendment Regulations 2009 (No. 3) to require superannuation funds (other than self managed superannuation funds) to disclose five and ten year average returns in periodic member statements...


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