BILL DRAFTING – AUSTRALIA

Big energy: big-stick rules hamper firm investment

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Original article by Angela Macdonald-Smith, Simon Evans, Mark Ludlow
The Australian Financial Review – Page: S1 & S2 : 10-Oct-19

Origin Energy CEO Frank Calabria has told an energy summit that the federal government’s proposed legislation to force energy companies to divest assets is deterring investment in the sector at a time when it is urgently needed. The issue of government intervention in the energy market attracted criticism from some of the summit’s delegates, but Energy Minister Angus Taylor says such action is justified given the rise in electricity prices in recent years as renewable energy generation has increased.

CORPORATES
ORIGIN ENERGY LIMITED – ASX ORG, AUSTRALIA. DEPT OF THE ENVIRONMENT AND ENERGY, ENERGYAUSTRALIA PTY LTD, AGL ENERGY LIMITED – ASX AGL, AUSTRALIA. ENERGY SECURITY BOARD, AUSTRALIAN ENERGY MARKET OPERATOR LIMITED

Coalition faces Senate battle to pass big reforms

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Original article by Rosie Lewis
The Australian – Page: 2 : 8-Oct-19

The federal government has identified a number of legislative priorities when Parliament resumes on 14 October. However, analysis suggests that the Coalition may lack the numbers to pass up to seven bills in the Senate, including the Ensuring Integrity Bill and a religious discrimination bill. The proposed first-home loan deposit scheme is the only government initiative that appears to have sufficient support in both houses at present, after Labor agreed to back the bill.

CORPORATES
AUSTRALIAN LABOR PARTY, CENTRE ALLIANCE, AUSTRALIAN GREENS, AUSTRALIA. DEPT OF FINANCE

Setka forks out $40k of members’ funds on ad

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Original article by Ewin Hannan
The Australian – Page: 5 : 26-Sep-19

Embattled Construction, Forestry, Maritime, Mining & Energy Union official John Setka has criticised senator Jacqui Lambie in a full-page advertisement in the ‘Herald Sun’. Lambie has signalled that she will support the federal government’s Ensuring Integrity Bill unless Setka steps down as Victorian secretary of the CFMMEU. Setka has accused her of attempting to blackmail himself and the union’s members. A spokesman for Setka says the ad was "union business", so it was funded by the CFMMEU rather than Setka.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA

Brickworks backs union clampdown

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 10 : 26-Sep-19

Brickworks executive Wladyslaw Kluktewicz has expressed support for the federal government’s Ensuring Integrity Bill. He has told a Senate inquiry that the proposed legislation is necessary to address the issue of "rogue" union officials who visit non-unionised workplaces and attempt to hold meetings with workers. Michael Wright, the Electrical Trades Union’s national assistant secretary, also appeared before the inquiry.

CORPORATES
BRICKWORKS LIMITED – ASX BKW, ELECTRICAL TRADES UNION, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN LABOR PARTY

Government’s anti-union bill retrospective

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 15 : 25-Sep-19

ACTU president Michele O’Neil has told a Senate inquiry that some provisions of the federal government’s Ensuring Integrity Bill are retrospective. She says the requirement that a court must be satisfied that the deregistration of a union or the disqualification of an official is unjust would allow the court to take into account industrial breaches that occurred before the legislation took effect. This would have implications for the Construction, Forestry, Maritime, Mining & Energy Union, which has a long history of breaching workplace laws.

CORPORATES
ACTU, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, THE AUSTRALIAN INDUSTRY GROUP

Religion bill will make it harder to sack people

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Original article by Phillip Coorey
The Australian Financial Review – Page: 4 : 30-Aug-19

Attorney-General Christian Porter released a draft of the federal government’s proposed Religious Discrimination Bill on 29 August. Porter says the legislation aims to protect people on the basis of their religion, but does not give them a "licence to discriminate against other people", or to engage in vilifying or harassing speech. Under the proposed legislation, a company with turnover of at least $50 million that sacks someone for expressing a religious view that breaches a condition of their employment will need to show that retaining the employee could cause it "unjustifiable financial hardship”.

CORPORATES
AUSTRALIA. ATTORNEY-GENERAL’S DEPT

Top lawyers warn ASIC against hasty moves

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Original article by Hannah Wootton
The Australian Financial Review – Page: 33 : 23-Aug-19

Treasurer Josh Frydenberg recently indicated that the federal government aims to pass 40 pieces of legislation in response to the Hayne royal commission’s recommendations by the end of 2020. It wants 90 per cent of relevant legislation to be implemented by mid-2020. However, corporate lawyers have stated that problems could arise if the government and the Australian Securities & Investments Commission persist with their "ambitious deadlines" for implementing the commission’s recommendations.

CORPORATES
AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB

Government flags heavy-handed crackdown on black economy

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Original article by Mike Bruce
The New Daily – Page: Online : 21-Aug-19

Gary Pflugrath of CPA Australia says the federal government should reconsider proposed legislation to restrict cash payments between businesses and individuals to no more than $10,000. It was one of the recommendations of the government’s Black Economy Taskforce, but Pflugrath contends that there are sufficient "checks and balances" to counter criminal activity. Kurt Wallace from the Institute of Public Affairs says restricting cash payments would have little impact on the cash economy, while reducing the freedoms of ordinary Australians. Individuals could face big fines and imprisonment for breaching the proposed laws.

CORPORATES
CPA AUSTRALIA, INSTITUTE OF PUBLIC AFFAIRS LIMITED, H&R BLOCK LIMITED, ONE NATION PARTY, UNIVERSITY OF MELBOURNE

Insurers to be barred from using unfair contracts in new legislation

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Original article by James Fernyhough
The Australian Financial Review – Page: 4 : 31-Jul-19

Labor is expected to support the Coalition’s proposal to subject insurers to the same rules with regard to unfair contract terms as other financial services providers. The final report of the Hayne royal commission recommended abolishing the exemption, which arose because insurers are regulated by the Insurance Contracts Act. In contrast, rules on unfair contract terms are covered by the ASIC Act. The Australian Competition & Consumer Commission has also made a number of recommendations for changes to the regulatory regime for insurers.

CORPORATES
AUSTRALIAN LABOR PARTY, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Senate crossbench jury out on union bashing bills

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Original article by Phillip Coorey
The Australian Financial Review – Page: 5 : 30-Jul-19

The federal government needs the support of Senate crossbenchers to pass its Ensuring Integrity Bill. Cory Bernardi has indicated that he will support it, leaving the government to get three more votes. One Nation, Centre Alliance and Jacquie Lambie have five votes between them, but they are all are undecided at the moment. Both One Nation and Centre Alliance have indicated that they would like to see the legislation amended so that it is more in harmony with corporate law, although the government is of the opinion that this is already the case. The bill has been referred to a Senate committee and will not be debated until October.

CORPORATES
ONE NATION PARTY, CENTRE ALLIANCE, ACTU, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, CROWN RESORTS LIMITED – ASX CWN, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS