INDEPENDENT REGULATORY COMMISSIONS – AUSTRALIA

IOOF no closer to ANZ deal after court win

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Original article by Joanna Mather, Aleks Vickovich
The Australian Financial Review – Page: 13 & 17 : 23-Sep-19

The Australian Prudential Regulation Authority has failed in its court case against IOOF Holdings, in which it sought to argue that the financial services company breached its obligation to act in its members’ best interests. It had been the first time in more than 10 years that APRA had taken superannuation trustees to court, with Federal Court Justice Jayne Jagot finding that its legal arguments were "unpersuasive". Despite APRA’s lack of success in the case, industry observers say it does not mean that IOOF is guaranteed to complete its takeover of the ANZ Bank’s wealth unit.

CORPORATES
IOOF HOLDINGS LIMITED – ASX IFL, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, ALLENS, ADVISER RATINGS PTY LTD, MORGAN STANLEY AUSTRALIA LIMITED, MORNINGSTAR PTY LTD

Wary APRA orders more stress-tests for banks

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Original article by Richard Gluyas
The Australian – Page: 17 & 21 : 30-Aug-19

The Australian Prudential Regulation Authority currently undertakes "stress-testing" of the nation’s banks every three years. However, growing concern about the outlook for the domestic and global economies is believed to have prompted APRA to conduct annual stress tests. APRA’s latest corporate also shows that the performance of superannuation funds will also be a focus for the prudential regulator over the next few years; this will include ranking super funds based on a range of metrics.

CORPORATES
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Your data at risk in takeovers

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Original article by Glenda Korporaal
The Australian – Page: 1 & 2 : 21-Aug-19

Foreign Investment Review Board chairman David Irvine has stressed the need to closely scrutinise foreign bids for companies that own data centres or hold Australians’ personal data. Irvine has used an Australia China Business Council speech to argue that data must be afforded the same level of protection as critical infrastructure such as ports, water supply and the power sector. He added that the FIRB’s tougher stance on the issue of data security has not attracted much concern among foreign investors.

CORPORATES
AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, AUSTRALIA CHINA BUSINESS COUNCIL, AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION, AUSTRALIAN SECRET INTELLIGENCE SERVICE, AUSTRALIA. CRITICAL INFRASTRUCTURE SECTOR, SIRTEX MEDICAL LIMITED, NATURE’S CARE, LIFE-SPACE GROUP, HEALIUS LIMITED – ASX HLS, JANGHO GROUP, AUSTRALIAN DEFENCE FORCE, KPMG AUSTRALIA PTY LTD, UNIVERSITY OF SYDNEY, AUSTRALIAN STRATEGIC POLICY INSTITUTE LIMITED

Stop arguing: Industrial Relations tsar’s call to bosses, unions

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Original article by Ewin Hannan
The Australian – Page: 1 & 6 : 16-Aug-19

Fair Work Commission president Iain Ross says he agrees with Business Council of Australia CEO Jennifer Westacott that improving living standards relies on boosting productivity. However, he has queried her claim that the Fair Work Act’s ‘better off overall test’ (BOOT) is a "productivity killer", with the BCA recently saying it wants it replaced with a different test . Ross says doing away with the BOOT could lift profits and reduce wages, but may not necessarily lift productivity. He noted the BCA proposal had received a "predictable response" from Labor and the ACTU that it was Work Choices Mark II.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, BUSINESS COUNCIL OF AUSTRALIA, ACTU, AUSTRALIAN LABOR PARTY

Exorbitant registry fees in ASIC’s sights

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Original article by Adam Creighton
The Australian – Page: 21 : 15-Aug-19

The Australian Competition & Consumer Commission is believed to be launching an investigation into the exit fees charged by share registry providers Computershare and Boardroom. This follows a complaint by fellow provider Automic, which stated to the ACCC in December that competition in the share registry sector was being stifled by the ‘exit fees’ that Computershare and Boardroom were charging clients who wanted to shift their business. A Computershare spokesperson has stated that it does not engage in anti-competitive practice.

CORPORATES
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, COMPUTERSHARE LIMITED – ASX CPU, BOARDROOM LIMITED, AUTOMIC

ACCC poised to take tech giants to court

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Original article by Patrick Durkin
The Australian Financial Review – Page: 10 : 14-Aug-19

The Australian Competition and Consumer Commission is close to launching five cases against Google and Facebook in the aftermath of its digital platforms inquiry. The cases are understood to involve alleged breaches of consumer, competition and privacy laws, with ACCC chairman Rod Sims saying on 13 August that Facebook and Google must comply with Australia’s laws if they wish to do business here. He said a decision on whether to proceed with the five cases would be made before the end of 2019.

CORPORATES
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FACEBOOK AUSTRALIA PTY LTD, GOOGLE AUSTRALIA PTY LTD

Banks rule OK on loan repayments as Westpac beats ASIC

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Original article by Andrew White
The Australian – Page: Online : 14-Aug-19

The Federal Court has dismissed claims by the Australian Securities & Investments Commission that Westpac had breached the responsible lending rules. ASIC’s case against Westpac had been closely observed by lenders, with the responsible lending rules being used by banks to determine a borrower’s ability to repay a loan. In rejecting ASIC’s case against Westpac, Justice Federal Court judge Nye Perram stated Westpac should not be automatically compelled to consider a borrower’s declared living expenses, and should be free to make use of spending benchmarks.

CORPORATES
FEDERAL COURT OF AUSTRALIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, WESTPAC BANKING CORPORATION – ASX WBC

Big Tech inquiry lauded abroad

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Original article by Lilly Vitorovich
The Australian – Page: 25 : 5-Aug-19

The final report of the Australian Competition & Consumer Commission’s inquiry into digital platforms has received strong support from the global media industry. News Media Alliance CEO David Chavern says the US government should hold a similar inquiry into the market power of digital players such as Google and Facebook. Meanwhile, the UK News Media Association’s deputy CEO Lynne Anderson says the federal government should act quickly on the ACCC’s recommendations.

CORPORATES
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, GOOGLE INCORPORATED, FACEBOOK INCORPORATED, NEWS MEDIA ALLIANCE, NEWS MEDIA ASSOCIATION, GREAT BRITAIN. COMPETITION AND MARKETS AUTHORITY, EUCLID LAW

Digital giants to feel watchdog’s bite

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Original article by Leo Shanahan
The Australian – Page: 24 : 29-Jul-19

Australian Competition & Consumer Commission chairman Rod Sims says the proposed code of conduct for digital platforms would be compulsory, and any breaches of the code would attract large penalties. He adds that the code would result in new sources of revenue for media companies, and argues that in many ways digital platforms are publishers and should therefore be treated like publishers. The code of conduct is amongst the recommendations in the ACCC’s final report on its inquiry into digital platforms.

CORPORATES
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, GOOGLE INCORPORATED, FACEBOOK INCORPORATED, FACEBOOK AUSTRALIA PTY LTD, AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Mergers loom as regulator changes tactics

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Original article by Cliona O’Dowd, Michael Roddan
The Australian – Page: 17 & 21 : 18-Jul-19

Australian Prudential Regulation Authority chairman Wayne Byres concedes that regulating superannuation funds is more problematic than banks, as the latter are not subject to capital requirements. Ian Fryer of Chant West says APRA will be much more proactive in regulating the super industry in the wake of its capability review, adding that increased regulatory attention may accelerate consolidation in the sector. Cbus also anticipates merger activity in the sector as underperforming funds come under greater scrutiny.

CORPORATES
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, CHANT WEST FINANCIAL SERVICES PTY LTD, CONSTRUCTION AND BUILDING UNIONS’ SUPERANNUATION FUND, INDUSTRY SUPER AUSTRALIA PTY LTD