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ATO: Property developer’s house of cards condemned

A 65-year-old property developer from Glen Waverley was sentenced yesterday in the County Court of Victoria to six years and nine months in jail for tax fraud.

Allan Dalton was convicted of obtaining and attempting to claim nearly half a million dollars in Goods and Services Tax (GST) refunds. Mr Dalton was brought on as a property developer and accountant by the directors of Greenhills Grange Pty Ltd (Greenhills), to assist with the completion of the first phase of a project to build 12 residential townhouses.

The project had run into financial difficulties and Mr Dalton convinced the directors that he had extensive experience in property development and accounting and would be able to get the project back on track. Having no prior experience in the property development industry or as an accountant, Mr Dalton sought the services of an external accountant to lodge business activity statements (BAS) on behalf of Greenhills.

Between March 2010 and June 2011, 16 false activity statements were lodged on behalf of Greenhills. Mr Dalton overstated the expenditure of Greenhills to obtain $479,714.84 in GST refunds. During this period, Greenhills was only entitled to $52,500 in GST refunds. The refund was subsequently transferred to Mr Dalton’s personal bank account and other bank accounts for which Mr Dalton was a signatory.

Mr Dalton was given a reparation order for $479,714.84, the full amount that he illegally obtained.

Mr Dalton was convicted of knowingly providing false information to his accountant to commit tax fraud for his own personal financial gain.

ATO acting assistant commissioner David Mendoza welcomed the sentence handed down and said it was commensurate with the seriousness of Mr Dalton’s crimes.

“Mr Dalton deliberately engaged with an external accountant and knowingly provided false information to him to obtain a personal financial advantage," Mr Mendoza said.

“As this case demonstrates, if you provide false information to your advisor you are breaking the law. We will hold you accountable and you will be pursued through the criminal judicial system,” Mr Mendoza said.

Reports can be made to the ATO anonymously at ato.gov.au/tipoff

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BHP report highlights resources sector’s contribution to all Queenslanders - QRC

THE Queensland Resources Council has welcomed BHP’s annual economic contribution report highlighting its increased payments to the Queensland Government last financial year totalled $1.24 billion or $100 million every month.

QRC chief executive Ian Macfarlane said the report showed the company’s payments, including royalties, from its coal operations to the Queensland Government had increased by more than $100 million last financial year based on the current US dollar-Australian dollar exchange rate.

“These payments to the Queensland Government can be reinvested in services and infrastructure for all Queenslanders,” he said. 

“For instance, a $1.24 billion payment to the Queensland Government pays for all the budget capital works projects in Queensland hospital and health facilities ($1.22 billion). That means better hospital care and health facilities for Queenslanders no matter where they live."

Mr Macfarlane said this contribution did not include the multi-million-dollar injection from BHP in the form of wages, purchases from suppliers and contributions to local councils across Queensland.

“The QRC produces an annual contribution from the resources sector.  In 2017-18, the QRC study showed the resources sector contributed $62.9 billion to the Queensland economy, making $19.5 billion in purchases, paying $5.2 billion in wages and returning $4.3 billion in royalties to the State Government.

QRC will update its State-wide economic contribution report for 2018-19 in November.

Link to the 2017-18 QRC economic contribution report summary https://www.qrc.org.au/wp-content/uploads/2018/11/QueenslandStory2018_final.pdf  

Link to the BHP 2019 economic contribution report https://www.bhp.com/-/media/documents/investors/annual-reports/2019/bhpeconomiccontributionreport2019.pdf?la=en 

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ACCC to appear before House Economics Committee

THE Australian Competition and Consumer Commission (ACCC) will appear before the House of Representatives Standing Committee on Economics at a public hearing in Canberra on Wednesday, September 18, 2019.

The Chair of the Committee, Tim Wilson MP, said, "This hearing is an important mechanism for the Parliament to scrutinise the ACCC’s effectiveness as competition regulator and national consumer law champion.

"As the ACCC has significant responsibility for competition issues, it is timely to examine the regulator on these matters, particularly in relation to the financial services industry," he said.

In the consumer law area, Mr Wilson said, "Since the committee’s last hearing with the ACCC in June 2018, the Parliament has passed legislation to strengthen penalties under Australian Consumer Law by aligning them with the maximum penalties under the competition provisions of the Competition and Consumer Act 2010."

"The committee looks forward to examining the ACCC’s recent work on its priority areas and the range of ongoing inquiries and market monitoring."

Public hearing details

Date: Wednesday, 18 September 2019
Time: 11.05am to 1.50pm
Location: Committee Room 2R1, Parliament House, Canberra

The hearing will be broadcast live at aph.gov.au/live.

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FSC supports 'no hawking' of insurance

PRESSURE selling insurance products, over the phone or otherwise, is not acceptable according to the Financial Services Council (FSC).

FSC CEO Sally Loane said insurers should not be able to make outbound calls with the view to sell life insurance or consumer credit insurance when people were not aware the call was coming - in other words, being called cold.

“There is no place for cold calling and pressuring random people into buying a life insurance product they don’t need, want or understand,” Ms Loane said.

“For an outbound call to be justified, a person must first have given their positive, clear and informed consent, before being contacted. 

“Additionally, given there is no legislated time frame in which calls need to be made, the FSC believes an initial call should be made within three months of consent.

“It is important to note that the industry has already made significant improvements through better use of monitoring and oversight, through remuneration practices, appropriate incentives, culture, training and the FSC Life Insurance Code of Practice.

“These anti-hawking measures ensure the conduct on all calls is at the highest standards,” Ms Loane said.

The FSC submission is in response to Recommendation 4.1 of the Financial Services Royal Commission, that hawking of insurance products should be prohibited. 

A copy of the submission can be found here: https://fsc.org.au/resources/1852-fsc-submission-unsolicited-telephone-sales-of-direct-life-insurance/file

 

About the FSC

The Financial Services Council (FSC) has over 100 members representing Australia's retail and wholesale funds management businesses, superannuation funds, life insurers, financial advisory networks and licensed trustee companies. The industry is responsible for investing almost $3 trillion on behalf of more than 14.8 million Australians. The pool of funds under management is larger than Australia’s GDP and the capitalisation of the Australian Securities Exchange and is the fourth largest pool of managed funds in the world. The FSC promotes best practice for the financial services industry by setting mandatory Standards for its members and providing Guidance Notes to assist in operational efficiency.

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Experts to discuss fixed four-year terms for the Australian Parliament

SHOULD Australia move to fixed four-year parliamentary terms? A parliamentary committee will hold a roundtable discussion on this topic on Thursday  November 7, 2019, and has invited questions and views from the public.

Andrew Wallace MP, Chair of the House Social Policy and Legal Affairs Committee, said the Australian Parliament’s House of Representatives was the only lower house in the country with three-year parliamentary terms.

"Four-year terms could address the community’s concerns about the revolving doors of politicians and policy by providing more stability and opportunities for longer-term outcomes," Mr Wallace said.

"All of our state and territory parliaments have four-year lower house terms, with Queensland moving to four-year terms in 2020 following a successful referendum in 2016. On the other hand, there may be down-sides to fixed parliamentary terms. Current events in the United Kingdom show that this issue is one that needs careful consideration."

The roundtable will consist of a panel of Constitutional experts including laureate professor emeritus Cheryl Saunders, professor Gabrielle Appleby, professor Anne Twomey and professor George Williams.

"Any change to parliamentary terms would require popular support from voters, so we’re offering voters the opportunity to be involved in the process from the very beginning," Mr Wallace said.

The roundtable will be open to the public and streamed live on the Parliament's website. Australians can participate by submitting questions and views via the roundtable website.

The Committee will also consider questions posted live on Twitter on the day of the roundtable. The House’s Twitter account, @AbouttheHouse, will post live commentary from the event.

Following the roundtable, the Committee intends to present a short report to the House reflecting the issues discussed.

For more information go to the Committee’s website.

Public roundtable details

Date: Thursday 7 November, 2019
Time: 9am to 12.15pm
Location: Committee Room 2R1, Parliament House, Canberra

The hearing will be broadcast live at aph.gov.au/live.

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