Business News Releases

Victorian accountant and banking director sent to jail for tax fraud

A 55-YEAR-OLD Melbourne former tax accountant was recently sentenced in the County Court to three years jail for tax fraud.

Immanuel Shmuel was convicted of attempting to obtain a financial advantage of more than $390,000 by amending his Business Activity Statements (BAS) to reduce his existing debt and receive a refund.

As the director, owner and authorised tax representative of E.C Services Pty Ltd (a bank franchisee), Mr Shmuel failed to lodge his BAS between July 2012 and June 2014. The ATO commenced an audit looking into the missing BAS, which resulted in almost $200,000 raised in outstanding debt and penalties.

When Mr Shmuel failed to pay the amount owing, the ATO applied to the Supreme Court to have the company wound up. But in the meantime, over a two day period, Mr Shmuel lodged 66 false BAS revisions, deliberately reducing the pay as you go (PAYG) withholding to nil.

Not only did this eliminate the debt, but it also created a purported credit of $144,538. Further investigations found the revisions were entirely fraudulent. Mr Shmuel subsequently requested a refund of the credit amount; however, the ATO did not pay out the refund.

Mr Shmuel’s tax practitioner registration was also terminated, and he has not lodged a new registration since.

ATO Assistant Commissioner Megan Croaker welcomed the sentence and said it reflected the serious nature of Mr Shmuel’s crimes.

“Tax professionals play an integral role in supporting the tax and super systems for all Australians," Ms Croaker said.

“We have a shared interest with registered agents, the Tax Practitioners Board (TPB) and tax professional associations to protect the community and the integrity of Australia’s tax and super system.

“Those people who try to evade or cheat the system will get caught and firm action will be taken. We have systems in place to detect this type of behaviour and it will not be tolerated.

“We welcome the sentence and will continue to work with tax professionals to ensure the integrity of the system and to protect honest tax professionals and the community from these types of crimes,” Ms Croaker said.

This matter was prosecuted by the Commonwealth Director of Public Prosecutions.

www.ato.gov.au

 

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Sudden staff shortages mean Easter weekend not all it’s cracked up to be for frustrated employers

AS SMALL to medium businesses across Australia respond to sudden staff shortages because of the pandemic, the looming four-day Easter break is not what it’s cracked up to be when it comes to effectively understanding and managing correct holiday period entitlements for workers.

Employsure business partner, Emma Dawson,said thousands of workers continue to call in sick with short notice to employers because they have either tested positive to the Covid-19 virus or are forced to isolate because they are a close contact, putting SMEs employers further under the pump.

“As we head towards the Easter holiday period, we encourage employers to do all they can in this ever-changing environment to be as best prepared as possible for the break and understand the impact of employee entitlements on their business,” Ms Dawson said.

“While most people are looking forward to a four-day break and the beginning of school holidays, there are plenty of employers scratching their heads as they look to roster staff – particularly casual staff - and work out their different entitlements so they can do the right thing and still stay sustainable,” she said.

“This Easter break is shaping up to be one of the busiest we have seen for many years, as people take opportunity to visit family and friends and venture further afield in response to relaxed restrictions and border re-openings. That is a great opportunity for many businesses but creates an increased likelihood of an SME employer making an unintentional payment mistake because they are busy trying to cover for last minute gaps in staffing.”

Ms Dawson said the Employsure team was bracing for a spike in contacts over the holiday period from employers wanting help to navigate the complexity of worker entitlements, correctly remunerate staff and fulfil their many obligations under an array of Awards.

“Employsure has developed a comprehensive and easy-to-understand guide to support businesses and help them understand their obligations as an employer,” Ms Dawson said.

“Employers particularly need to understand the impact of the 11 minimum entitlements of the National Employment Standards (NES) on their business, which cover important issues such the maximum number of hours an employee can work in a week, obligations for parental, annual leave and other leave types, and responsibilities regarding flexible working arrangements.”

More information about NES entitlements can be found here, and 24/7 employment relations support offered by Employsure is available on 1300 651 415.  

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TWU accuses Qantas of failing to reinstate 2000 workers 'illegally sacked'

THE Transport Workers’ Union (TWU) has slammed Qantas's push to relax isolation rules for aviation workers, saying the airline would rather sacrifice workers' health than fill workforce gaps by reinstating the 2000 workers it 'illegally sacked'. 

“Public health is not about maximising Alan Joyce’s quarterly profit results," TWU national secretary Michael Kaine said. "Workers need isolation rules to stay, even if that is inconvenient to Mr Joyce.

"What Mr Joyce misleadingly calls absenteeism is actually sick leave, and every Australian worker is entitled to that."

In 2020, aviation lost 12,500 highly trained workers through redundancies and illegal outsourcing by Qantas, according to the TWU. In July 2021, the Federal Court found Qantas illegally outsourced its ground crew to prevent them bargaining and taking industrial action, Mr Kaine said.

"There are 2000 Qantas ground crew sitting at home waiting to be reinstated, after being illegally sacked so Qantas could rehire them on cheaper pay and worse conditions," he said.

"Rather than risking the health of everyone by scrapping isolation rules, Qantas could reinstate these 2000 workers to fill the gaps in our airports. 

"Qantas pocketed $865 million in JobKeeper and at the same time illegally outsourced its entire ground operations.

“Now the airline doesn’t have enough customer service workers, baggage handlers or ground staff to respond to surging demand."

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Spirit Super members to benefit from purchase of Intsaclustr

SPIRIT SUPER has welcomed the purchase of Intsaclustr by NetApp, a NASDAQ listed company. Intsaclustr is an industry-leading platform for deploying and managing open-source data and workflow applications as a service.

Intsaclustr was founded within the Australian National University and received capital from ANUConnect Ventures, a partnership between ANU and MTAA Super (now Spirit Super).

Spirit Super chief investment officer, Ross Barry said, “Not only has this been a very successful financial investment, but it is also part of our 'impact investing' platform and so Spirit Super members can feel proud that their investment is driving home-grown technology and job creation right here in Australia.

“Spirit has the ability to look to opportunities some of the larger super funds may pass over. Our direct investment in ANUConnect Ventures is a great example," Dr Barry said.

“More generally, Spirit Super is committed to investment in regional Australia and restoring our domestic industrial fabric. The ecosystem created in Canberra with the collaboration of ANU, ANUConnect Ventures and the ACT Government has extensive multiplier effects on local employment.

“Spirit Super congratulates the founders and management of Intsaclustr, the CEO and team at ANUConnect Ventures and the ANU. It's a great testament in the ability of Australians to create value and grow businesses in the technology sector.” Dr Barry said.

 

About ANU Connect Ventures

ANUConnect Ventures is a 50/50 joint venture between the ANU and Spirit Super. Incorporated in 2005 the $47 million fund was established to invest in unique ideas, discoveries and inventions coming out of the ANU and ACT. The joint fund was supported by a $10 million commitment from the ACT Government. Investments were aimed at early-stage ventures within the Canberra region, with exceptional commercial potential, and economic and societal benefit to the ACT. Now, 16 years later, the returns on these investments are flowing into the ACT, with two of Canberra’s high-growth tech companies long term beneficiaries of the joint fund. This could not have been possible without the on-going support of Spirit Super (formerly MTAA Super), the Australian National University, and the ACT Government. The fund is closed to new investments but continues to support portfolio companies as they grow.

About Spirit Super

Spirit Super is multi-industry fund built for hard working Australians with support they can count on, low fees and a history of strong returns. It has 325,000 members (as at June 2021) and representatives around the country.

 

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First periodic report on Human Rights tabled in Parliament

THE Joint Standing Committee on Foreign Affairs, Defence and Trade presented its First periodic report on Human Rights in the Senate yesterday.

"This report outlines the range of issues the committee has considered during this term of parliament, and is intended as a precedent for future periodic reports to the parliament about human rights matters," Kevin Andrews MP, Chair of the Human Rights Sub-Committee, said.

"During this parliament, the committee has proposed Magnitsky-type legislation for Australia, made recommendations about the human rights of women and girls in the Pacific, and measures to help eliminate child and forced marriage. The Human Rights Sub-Committee has also held many private briefings and public round tables on specific issues," Mr Andrews said.

"However, it has not yet tabled a general report on human rights issues. Periodic reporting on human rights will help ensure that the voices of the most marginalised and persecuted populations can be heard, and that their concerns are placed on the public record," Mr Andrews said.

The report includes an overview of some of the issues raised with the committee in the private briefings it has received. The report also provides a summary of public hearing round tables held by the committee on foreign interference in Australia and on human rights abuses in Ethiopia.

This work was conducted as part of the Committee’s inquiry into the Department of Foreign Affairs and Trade Annual Report 2019–20. Details of the inquiry and a copy of the report are available from the Committee’s website.

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FSC releases guidance on divesting Russian assets

THE Financial Services Council (FSC) has today released guidance to assist superannuation trustees and fund managers with divestment of Russian assets.

Despite superannuation funds only having a small exposure to Russian investments in the context of the $3.5 trillion superannuation system, the guidance reinforces the resolve of the financial services sector in ensuring that it meets the strong expectations of divestment outlined by the Australian Government.

FSC CEO Blake Briggs, said, “Divestment of Russian assets complements a range of Russian sanctions imposed by the government. The guidance supports superannuation trustees implement sanctions, cease new investments, and divest from Russian assets.

”By providing guidance, we aim to ensure that divestment occurs in a way that is consistent with the best financial interests of members and trustees’ legal and fiduciary obligations.”

The guidance, which is available on the FSC website sets out guiding principles for superannuation trustees; asset managers directly investing superannuation capital; and asset managers operating managed investment schemes with superannuation funds as investors.

The guidance covers:

  • what constitutes a ‘Russian asset’;
  • steps to be taken by superannuation trustees:
  • issues in relation to ownership and control; and
  • how the investment process will achieve divestment.

Mr Briggs said the FSC was confident this contribution will assist the broader industry in ensuring divestment occurs so that the superannuation sector can play its role in supporting international sanctions against Russia.

www.fsc.org.au

 

About the Financial Services Council

The FSC is a peak body which sets mandatory standards and develops policy for more than 100 member companies in one of Australia’s largest industry sectors, financial services. FSC Full Members represent Australia’s retail and wholesale funds management businesses, superannuation funds, life insurers and financial advice licensees. Supporting Members represent the professional services firms such as ICT, consulting, accounting, legal, recruitment, actuarial and research houses. The financial services industry is responsible for investing $3 trillion on behalf of more than 15.6 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.

 

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Committee to review listing of Hamas, National Socialist Order and six other terrorist organisations

THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the listing and re-listing of eight organisations as terrorist organisations under the Criminal Code Act 1995 (the Criminal Code).

The listing of these organisations, made by regulations tabled in Parliament this week, triggers the application of a number of offences under the Criminal Code relating to membership of, support for or associating with the organisations.

Hamas is listed for the first time in its entirety, replacing the previous listing of Hamas’ Izz al-Din al-Qassam Brigades (the military wing of Hamas). This follows a recommendation of the PJCIS to the Federal Government to consider broadening the listing in October 2021.

The government has determined that Hamas is an ideologically and religiously motivated violent extremist organisation, which supports a strategy of armed resistance in pursuit of its goals of establishing an independent Palestinian state, and destroying Israel as a political entity. Hamas’ leadership has stated that there is no neat separation between the organisations’ political and paramilitary components and implied that the Brigades’ activities, including the use of terrorism, are sanctioned by and carried out as part of the wider Hamas organisation. Public statements made by Hamas’ political leaders have supported and advocated terrorism-related activities.

National Socialist Order (NSO), formerly known as Atomwaffen Division, has been listed as a terrorist organisation for the first time. The government has determined that NSO is a nationalist and racist violent extremist group, founded in the United States in 2015, which advocates the use of violence to initiate a race war and establish a white ethno-state.

Two organisations, Hay’at al Tahrir al-Sham and Hurras al-Din, are listed for the first time in place of the previously-listed organisation Jabhat Fatah al-Sham, on the basis that these two groups are successors to Jabhat Fatah al-Sham, which is now defunct.

Four groups previously listed as terrorist organisations have been re-listed for a further three years by these regulations: Abu Sayyaf Group, Al Qa’ida, Al Qa’ida in the Lands of the Islamic Maghreb and Jemaah Islamiyah.

Under section 102.1A of the Criminal Code, the committee may review listings of terrorist organisations and report its findings to each House of the Parliament within the 15 sitting day disallowance period for the relevant regulations.

Members of the public can make submissions to this review, for likely consideration by the new PJCIS once formed in the next Parliament after the election. Submissions should be provided no later than Friday May 13, 2022.

Further information on the inquiry can be obtained from the Committee’s website.

 

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FWC appointment welcome but more needed says AMMA

Australian Resources and Energy Group,  AMMA has welcomed the appointment of Paul Schneider to the Fair Work Commission FWC), announced this morning by Attorney-General and Minister for Industrial Relations Michaelia Cash.

"Mr Schneider is well known and widely respected within Western Australia's industrial relations community," AMMA chief executive Steve Knott said.

"He brings significant experience from across the resources industry -- the powerhouse of Western Australia's economy -- and in particular the offshore and maritime support sectors where industrial relations can be both complex and challenging."
 
Mr Schneider's appointment as a Commissioner comes shortly after the news Deputy President Amanda Mansini will leave the FWC to assume her new appointment as Judge of the Federal Circuit and Family Court of Australia.
 
AMMA noted "with some concern" the FWC would remain as having 43 statutorily appointed members -- a historically low level of resourcing.
 
"The Morrison Government should very seriously consider additional appointments to the FWC prior to the 2022 Federal Election," Mr Knott said.
 
"When the ALP left office in September 2013 there were 46 tribunal members and Australia's labour force contained some 11.6 million people.
 
"Today the FWC has 43 members and the labour force contains approximately 13.4 million people.
 
"Not only is the FWC administering an employment system with 1.7 million additional users than when the ALP was last in office, but matters are increasing in both volume and complexity.
 
"This includes a raft of COVID-19 related workplace disputes that are swamping the commission currently and are only expected to grow.
 
"AMMA congratulates the Attorney-General for making a high quality FWC appointment today.
 
"It is AMMA's firm view that at least three more appointments would not only be well justified prior to the Election, but very necessary to maintain the functioning of the FWC."

www.amma.org.au

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Treaties Committee supports ratification of Protocol to Forced Labour Convention

THE Joint Standing Committee on Treaties has recommended the Federal Government ratifies the International Labour Organization Protocol of 2014 to the Forced Labour Convention.

Committee Chair Dave Sharma MP said, "The Protocol aims to address gaps in the existing forced labour conventions to combat the evolving nature of forced labour.

“The committee is of the view forced labour should, without exception, be outlawed and notes Australia is already in compliance with the obligations established by the Protocol. Australia’s commitment to eliminating forced labour is clear and unequivocal.”

The Committee agreed ratification of the Protocol would enhance Australia’s standing in the international community and ability to address the practices authoritatively, particularly in the Asia-Pacific region.

The committee acknowledged that notwithstanding the progress being made to address forced labour, there was further work to be done, and was also  encouraged to see the detail of future action in the Australian Government’s National Action Plan to Combat Modern Slavery 2020–25.

In addition, Mr Sharma said, the committee was of the view that if a significant proportion of entities reporting under the Modern Slavery Act continued to miss mandatory reporting requirements, the Australian Government should consider steps beyond the current approach of educating and encouraging relevant entities.

The report can be found on the Committee website, along with further information on the inquiry.

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Australia's deteriorating security environment leads to surge in PJCIS workload

AUSTRALIA'S rapidly deteriorating security environment, which is characterised by unprecedented levels of foreign interference, cyber attacks and terrorism, has led to a record high workload for the Parliamentary Joint Committee on Intelligence and Security in the 46th Parliament,according to the Chair of the Committee, Senator James Paterson

He said throughout the term, the PJCIS tabled 38 reports, including 23 tabled in the past 12 months alone. This is equal only to the workload of the 45th Parliament, and far exceeds the 22 reports tabled in the 44th Parliament and the ten reports in the 43rd Parliament.

"Given this workload, the committee reiterates its recommendation in its Annual Report 2020-21 that the parts of the Intelligence Services Act 2001 which govern the work of the committee should be referred to the PJCIS at the commencement of the 47th Parliament," Senator Patterson said.

Of note the committee recommended passage of:

  • the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 establishing three new warrants that give law enforcement agencies effective powers to enable swift and decisive action against the rising challenge of serious online crime;
  • the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 which establishes critical tools that will bring together government and industry to strengthen defences against significant threats from nation state adversaries and criminal actors;
  • the Intelligence Oversight and Other Legislation Amendment (Integrity Measures) Bill 2020 ensuring that vital oversight and scrutiny keeps pace with new intelligence service capabilities to retain public confidence and ensure scarce resources are most effectively targeted to the most serious risks; and
  • securing the listings of both Hamas and Hezbollah, in their entirety, as terrorist organisations.

In addition, the committee’s ground-breaking Inquiry into national security risks affecting the Australian higher education and research sector report made 27 bipartisan, unanimous recommendations to address the serious threats posed by foreign interference to our most critical research institutions.

The Inquiry into Extremist Movements and Radicalism in Australia remains ongoing, with the committee presenting an interim report recommending the PJCIS of the 47th Parliament conclude this important work.

An inquiry into the Telecommunications (Interception and Access) Amendment (Corrective Services Authorities) Bill 2022 – referred to the PJCIS on 21 February 2022 ­– will commence in the 47th Parliament, if the government chooses to progress it, as will the Review of the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020.

The committee’s Review of Administration and Expenditure No. 20 (2020–21) – Australian Intelligence Agencies and Statutory Reviews of the Foreign Influence Transparency Scheme Act 2018 and of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 have commenced and will be finalised by the newly appointed Committee in the 47th Parliament.

The committee has agreed to launch a review of the listing of the eight terrorist organisations, including Hamas and the National Socialist Order, for consideration by the PJCIS of the 47th Parliament.

Senator Paterson said the PJCIS would continue to experience a heavy workload as threats to the nation escalate.

"The most important task of the PJCIS is to help keep Australia safe and free," he said. "With foreign interference, cyber threats and terrorism at their highest levels yet, this task has never been more important.

"Our strategic environment is experiencing the most consequential realignment since the Second World War and we need to ensure security agencies have the right tools to protect our nation, and the right oversight mechanisms to ensure they retain public confidence for their important work.

"I thank all members of the committee for their tireless commitment to this task over the 46th Parliament," Senator Paterson said.

Further information on the review as well as a copies of the reports mentioned above, can be obtained from the Committee’s website.

 

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Government procurement to support sovereign security

A NEW Parliamentary inquiry report highlights that government procurement has an important part to play in supporting the development of Australia’s sovereign industry capability.

John Alexander OAM MP, Chair of the House of Representatives Standing Committee on Infrastructure, Transport and Cities, today tabled the report for the committee’s inquiry into procurement practices for government-funded infrastructure.

"Since starting the inquiry last year, these issues have become even more significant and pressing," Mr Alexander said. "Sovereign security has in recent times, become an important issue for our country, as tensions between great power competitors come into sharp focus, with real concern for the impact this has on our exports and the flow-on effects to our economy.

"Over many decades, sovereign security has been compromised due to our expedient choices in seeking the lowest price over best value for our procurement. This has diminished our capacity to deliver fit-for-purpose infrastructure and a sustainable industry," Mr Alexander said.

"The lack of long-term planning has resulted in a piecemeal, ad hoc and reactive delivery process, which thwarts the development of efficiencies in the construction industry that could be attained if there was a steady pipeline of projects available. Industry needs the confidence to gear up in line with the opportunities available, which would build up industry capacity and productivity.

"‘In the 88 percent male dominated construction workforce, more needs to be done to address the cultural practices and norms within the construction industry that disincentivise women from entering or staying."

The committee makes eight recommendations aimed at:

  • improving the planning, procurement and delivery of government-funded infrastructure projects;
  • improving collaboration between the tiers of government;
  • enhancing opportunities for Tier 2 and 3 companies and Australian businesses to participate in the significant Australian infrastructure pipeline;
  • improving technology uptake by both governments and industry; and
  • improving the construction industry’s capacity and sovereign capability.

The report is available on the committee’s website.

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