THE Australian Small Business and Family Enterprise Ombudsman Bruce Billson has backed the RBA’s plea to banks to treat small businesses differently to consumers when considering loan applications.

Mr Billson welcomed further scrutiny of small business access to finance pledged by RBA Assistant Governor Chris Kent in today’s address to the Australian Finance Industry Association.

“Finance is the oxygen of enterprise,” Mr Billson said.

“Mr Kent’s comment that access to finance for small businesses has been a long-standing challenge and is now tighter than before the pandemic, is correct.

“I support Mr Kent’s plea to banks to take a different approach to small business borrowers, given that even under the existing Responsible Lending Laws, banks are not obliged to apply the same serviceability requirements to small businesses that need to be applied to households.

“I also share Mr Kent’s concerns regarding the banks lengthy and onerous process to securing finance, including substantial collateral requirements," Mr Billson said.

“Of course we need to strike the right balance, but any move to loosen onerous restrictions on access to finance for small business would be positive.

“The RBA has noted it expects business failures to rise as government support measures are phased out. This highlights the critical need for small businesses to have greater access to finance, to provide the cash flow necessary to get through the coming months.

“Overall, we welcome the RBA’s acknowledgement of the important contribution the small business sector makes to the economy as well as its efforts to continue to monitor small business access to finance and their prospects more broadly.” 

www.asbfeo.gov.au

AUSTRALIA'S LEADING industry groups are calling for Federal Parliament to vote on the IR Omnibus Bill this week and for all Senators to support it.

The industry groups are saying there "is no valid reason why the Bill should be delayed".

"The certainty that these reforms will deliver is needed urgently to boost confidence, investment and job creation to complete the recovery and help put the economy on track to generate higher incomes and sustained growth in the future," the joint statement read.

"A failure to vote on the Bill will increase uncertainty and stifle business confidence at the worst possible time – just before the JobKeeper scheme ends and as businesses are making critically important decisions on whether to retain staff.

"Australia is only part way through an uncertain recovery from the most severe peace-time shock since the Great Depression. With JobKeeper coming to an end, the jobs market remains very tough"

The industry groups said 182,000 more Australians were unemployed in January 2021 than in February 2020.

"The impacts on young Australians are particularly severe. There were 85,000 fewer people aged 15-24 in employment in January 2021 than in February 2020 and 61,000 fewer people aged 25-34 in employment over this period, These age groups account for 47 percent of the additional unemployed over this period.

"GDP at the end of the December quarter was still 1.1 percent below the level reached at the end of 2019 and Gross Value Added in the market sector of the economy 2.3 per cent below its level in December 2019," the joint statement read.

"Australia has a very open economy and we are not immune from the severe economic effects that the pandemic is still having on the global economy.

"The Bill contains a series of modest, practical and fair amendments to the Fair Work Act that will boost jobs, investment and confidence.

"The legislation is the outcome of an extensive Government consultation process over the past nine months involving working parties of industry and union representatives. Employers have not got all they would want. There are components of the Bill addressing issues raised by Unions that we would under normal circumstances strongly oppose. This is not an Employers' Bill but a sensible compromise that employers and their workforces can work with. 

"The legislation has been passed by the House of Representatives and has been scrutinised by a Senate Committee which has recommended that the Bill be passed.

"Australia’s leading industry groups call on all Senators to put the national interest first and support the Bill."

Singatories to the statment are:

Jenny Lambert, acting CEO, Australian Chamber of Commerce and Industry (ACCI)

Innes Willox, chief executive, Australian Industry Group (Ai Group)

Jennifer Westacott AO, chief executive, Business Council of Australia (BCA)

Steve Knott AM, chief executive, Australian Mines and Metals Association (AMMA)

Denita Wawn, chief executive, Master Builders Australia (MBA)

Jon Davies, chief executive officer, Australian Constructors Association (ACA)

Paul Zahra, chief executive officer, Australian Retailers Association (ARA)

Wes Lambert, chief executive officer, Restaurant & Catering Industry Association (RCIA)

Dominique Lamb, chief executive officer, National Retail Association (NRA)

Tony Maher, chief executive, National Farmers Federation (NFF)

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REPRESENTATIVES of the Djab Wurrung Traditional Owners, Victorian Traditional Owners Land and Justice Group, Tasmanian Aboriginal Centre, Seed Indigenous Youth Climate Network, Yorta Yorta Nation and Rodney Dillon, chairperson of the Tasmanian Aboriginal Heritage Council, will appear before the Joint Standing Committee on Northern Australia this Friday, March 19.

The inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will examine the struggle to protect Indigenous heritage in Victoria and Tasmania, with a public hearing by video conference.

In Victoria, the Djab Wurrung people have experienced cultural heritage destruction with the removal of a Directions Tree due to a Victorian highway duplication project. Their loss has been compared to losing a church or other spiritual place, highlighting the importance of such trees.

The Tasmanian Aboriginal Centre has been angered by the fact that the sacred Wargata Mina cave in southwest Tasmania is controlled by the Tasmanian Government, despite being owned by the Aboriginal community. The community is particularly distressed over the possibility of improper access to the cave by non-Aboriginal people.

The Yorta Yorta Nation, after having their Native Title claim dismissed, signed a historic agreement with the Victorian Government recognising them as Traditional Owners of a large area of land, enabling them to protect their cultural heritage. In 2020, the Yorta Yorta Traditional Owner Land Management Board finalised a joint management plan with the government which will give them input into the management of Barmah National Park.

Northern Australia Committee chair Warren Entsch noted that the pain experienced by First Nations peoples over loss of heritage is a national issue, effecting Indigenous communities in every jurisdiction.

"The committee understands that there can be conflict between the interests of First Nations peoples and other stakeholders," Mr Entsch said. "We need to get better at resolving these conflicts.

"There must always be consultation with First Nations peoples by government, who must properly consider the importance of cultural heritage before development decisions are made."

A program for the public hearing is available on the committee’s website.

Public hearing details

Date: Friday, 19 March 2021
Time: 9am to 3pm AEDT
Location: by video/teleconference

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

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THE Tax Practitioners Board (TPB’s) decision to terminate the registration of Ashley Cross of West Perth, WA on the grounds of misconduct and impose a two-year non-application period has been affirmed by the Administrative Appeals Tribunal (AAT).

The registration of Mr Cross’s partnership, trading as M. Adamson and A. Cross (Adamson and Cross) was also terminated.

Following a referral from the Australian Taxation Office (ATO) about self-managed superannuation fund (SMSF) Auditor Number misuse, the TPB concluded that Mr Cross and his partnership had failed to act honestly and with integrity and additionally failed to provide competent tax agent services.

Over a period of nine years, Adamson and Cross lodged 125 SMSF annual returns falsely declaring that the SMSFs had been audited when in fact they had not been.

Mr Cross argued in the AAT proceedings that the degree of dishonesty involved was lessened by the fact that ultimately, when audited, the SMSFs were all found to be compliant and that he did not derive any financial benefit. The Tribunal did not accept these contentions.

The Tribunal found that regardless of his motivation, "Mr Cross had repeatedly and deliberately chosen to put what he perceived to be the interests of his clients, above his fundamental professional duty to act honestly. He repeatedly, deliberately chose to mislead the ATO."

Chair of the TPB, Ian Klug AM, reminded tax practitioners that there were serious consequences for failing to act honestly and with integrity and that such behaviour invariably calls into question whether a practitioner meets the fit and proper person requirement.

"The terminations imposed reflect the gravity of Mr Cross’s and the partnership’s dishonest conduct in lodging SMSF annual returns with false declarations over such a prolonged period," Mr Klug said.

Ten tax practitioners have now been terminated as a result of false declarations in SMSF annual returns. The TPB has also suspended the registration of four other tax practitioners.

As a result of recent ATO referrals, more than 60 tax practitioners are now subject to TPB enquiries regarding SMSF Auditor Number misuse.

The TPB’s compliance action also links in with a broader ATO lodgement campaign targeting persistently disengaged SMSF trustees, of which more than 1,100 are estimated to be tax practitioners. The TPB and the ATO will collaborate to address the risks in respect to the tax practitioners in this group.

About the Tax Practitioners Board

The TPB regulates tax practitioners in order to protect consumers. The TPB aims to assure the community that tax practitioners meet appropriate standards of professional and ethical conduct. Twitter_@TPB_gov_au, LinkedIn, Facebook. 

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