IIEffective Insolvency and Creditor Rights Systems
There is insufficient publicly available information regarding Australia's compliance with the Principles and Guidelines for Effective Insolvency and Creditor Rights Systems developed by the World Bank. Insolvency procedures applying to corporate entities are provided for in Chapter 5 of the Corporations Act of 2001 and the Corporations Regulations. The Australian Securities and Investment Commission (ASIC) supervises all corporations and financial system participants in Australia. Among its roles, the ASIC regulates the corporate insolvency system, but it does not administer any insolvency cases directly. General oversight of the corporate insolvency system falls to the courts. The website of the International Association of Insolvency Regulators discloses that Australia launched a package of reforms in October of 2005. These reforms were aimed at improving the nation's insolvency regime by enhancing protections for creditors, impeding the ability of company officers to commit misconduct, improving regulation covering insolvency practitioners, and fine-tuning the voluntary administration procedure. Draft legislation was circulated for public comment in early 2006 and was passed in 2007. More recently, in January 2010, a corporate insolvency reform package was introduced that included provisions that aimed to streamline the insolvency regime further and to address a number of issues that are seen to inhibit debtor firms from attempting reorganization proceedings. Observers have expressed the concern that the proposed reforms could, in fact, result in increasing the number of insolvencies.
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ENInternational Financial Reporting Standards
According to a 2006 National Institute of Accountants in Australia (NIAA) self-assessment, Australia adopted International Financial Reporting Standards (IFRSs) promulgated by the International Accounting Standards Board (IASB) effective January 1, 2005. However, the Deloitte IAS Plus website noted that at the time of issuance, the Australian Standards were not 100 percent compatible with IFRSs. IFRSs were adopted with some modifications - such as removing options and adding Australian paragraphs - due to the fact that Australian standards, unlike the international standards, are not exclusively meant for the for-profit sector. As a consequence, to bring Australian standards in line with IFRSs, in November 2006, the Australian Accounting Standards Board (AASB) issued Exposure Draft (ED) 151 "Australian Additions to, and Deletions from, IFRSs" for comment. The Deloitte Accounting Alert of September 2007 noted that in March 2007, the AASB released Amending Standard AASB 2007-4 "Amendments to Australian Accounting Standards arising from ED 151 and Other Amendments" which implements the majority of the proposals in AASB ED 151 and also includes other amendments arising due to changes introduced by the IASB. The update further noted that these amendments would bring Australian standards in line with IFRSs. In addition, the text of the amended Australian standards confirms that entities in compliance with Australian standards are in compliance with IFRSs except for certain not-for-profit and government controlled entities. As noted in the 2010 PricewaterhouseCoopers report on the adoption of IFRSs, Australian standards contain specific provisions for not-for-profit and public sector entities which may not be in compliance with IFRSs. Also, the AASB has not adopted International Accounting Standard (IAS) 26 as superannuation plans are regarded as not-for-profit entities in Australia and, therefore, subject to domestic regulation.
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CPPrinciples of Corporate Governance
According to a 2006 report published by the International Monetary Fund (IMF), the corporate governance framework in Australia is "largely healthy and dynamic" and built on a solid legal and regulatory foundation. The report finds that shareholder activism is high and periodic disclosure requirements are in line with international best practices and exceed the requirements in many other countries. Overall, implementation and enforcement of disclosure and corporate governance requirements was found to be strong, specifically among the top tier listed companies. However, there seems to be a significant gap in corporate governance disclosure compliance between larger listed companies and smaller companies. The IMF notes that following the implementation of the reforms introduced under the Corporate Law Economic Reform Program Act (CLERP 9) of 2004, the Australian government strengthened auditor independence and improved financial reporting and disclosure. In addition, in 2003, the Australian Securities Exchange (ASX) Corporate Governance Council released its Principles of Good Corporate Governance Practice and Best Practice. They were updated in August of 2007, and in April 2010 a new draft of the Principles was released for public comment. The draft includes recommendations on board diversity, executive remuneration and trading policies. The ASX Principles are not prescriptive and listed entities follow a comply-or-explain approach towards compliance. The oversight authority for corporate governance is the Australian Securities and Investments Commission which is considered to have wide-ranging enforcement powers.
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ENInternational Standards on Auditing
According to numerous sources on the subject, Australia has had a long-standing policy of convergence and harmonization of national standards with the International Standards on Auditing (ISAs) promulgated by the International Auditing and Assurance Standards Board (IAASB). In 2004, this policy was further consolidated with the enactment of the Corporate Law Economic Reform Program and the subsequent issuance of the Financial Reporting Council's (FRC) strategic direction with regard to the Australian auditing framework. In 2005, the FRC directed the Australian standard-setter, the Auditing and Assurance Standards Board (AUASB), to use ISAs as a base for the redrafting of Australian standards issued prior to 2004. On May 1, 2006, the Auditing and Assurance Standards Board (AUASB) issued 35 new legally enforceable Australian Auditing Standards (ASAs), following a review of the existing auditing standards. The AUASB website indicates that efforts were ongoing to align ASAs with the latest version of ISAs. In line with the IAASB Clarity project, the AUASB embarked upon redrafting and revising all extant ASAs. In October 2009, the AUASB Clarity Project was finalized and the AUASB issued revised and redrafted ASAs in Clarity format effective January 1, 2010. Per the text of the ASAs, compliance with the national standards enables compliance with the corresponding ISAs. Furthermore, all additional local requirements not part of the corresponding ISA are identified with a prefix ‘Aus.’ Per the Corporations Act, listed and unlisted Australian companies follow the same set of ASAs issued by the AUASB.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
The Financial Action Task Force (FATF) conducted a mutual evaluation of Australia's Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) regime against the FATF’s 40 recommendations and 9 special recommendations in 2005. In its assessment, the FATF concluded that Australia was fully compliant with 12, largely compliant with 15, partially compliant with 13, and non-compliant with 9 recommendations and special recommendations. More importantly, Australia was rated non compliant with recommendations 5 (on customer due diligence) and 10 (on internal controls), both designated as core recommendations by the FATF. A country needs a largely compliant or compliant rating for the core recommendations to be deemed as having in place a proper functioning AML/CFT regime. However, according to the FATF's mutual evaluation and a 2009 report by the U.S. Department of State (DoS), the Australian authorities are aware of these shortcomings and are committed to remedying them. The 2009 DoS report pointed to the Australian authorities' intent in implementing the FATF’s revised 40 plus 9 recommendations and thus bringing the country's AML/CFT regime in line with international standards. To this end, Australia introduced the Anti-Money Laundering and Counter-Terrorism Financing Act in 2006 as part of a legislative package that has implemented one tranche of reforms in the regulatory regime (with a second tranche pending, according to a 2010 report by the U.S. DoS). Some of the weaknesses with regard to customer due diligence and designated non-financial businesses and professions pointed out by the FATF have been addressed by the new reforms. Nevertheless, there is no recent public information assessing the effectiveness of these reforms or the present AML/CFT framework in Australia. In its 2008-2009 Annual Report, the FATF names Australia as one of the countries that has committed to implementing the organization's 40 recommendations and 9 special recommendations.
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FCCore Principles for Systemically Important Payment Systems
Information from recent sources, such as the Reserve Bank of Australia's (RBA) 2009 self-assessment of its payment system, indicates that there is only one systemically important payment system for the country, namely, the Reserve Bank Information and Transfer System (RITS), which is owned and operated by the RBA. The RITS was assessed by the International Monetary Fund (IMF) in 2006 and in its Financial System Stability Assessment (FSSA) report on Australia, the IMF concludes that RITS complies with all the Core Principles (CPs) for Systemically Important Payment Systems (SIPS) developed by the Committee on Payment and Settlement Systems. The 2009 RBA self-assessment also reaches a similar conclusion. RITS, which has been operational since 1991, was launched as a real time gross settlement system in 1998. The RBA oversees RITS and other payment and securities clearing and settlement systems operating in Australia and its oversight of RITS is deemed robust by the FSSA. The payments system policy and oversight are the responsibility of the Payments System Board (PSB), which resides within the RBA. RITS is judged to be operating on a solid legal basis, with appropriate risk management structures and an effective and transparent governance framework. The IMF's recommendations pertaining to some CPs are made only in order to further enhance the operations of RITS and its regulatory environment. However, the Australian authorities declared their intent to work towards addressing the potential gaps brought up by the FSSA. In fact, the PSB's 2009 Annual Report states that some changes have been subsequently implemented that have made RITS more efficient, cost-effective and user friendly.
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