THE Tax Practitioners Board (TPB) are contacting thousands of West Australian taxpayers to offer assistance after they used the services of Jessa Van Stroe (also known as Jessa Layola), who was illegally preparing tax returns.

An order to stop preparing and lodging income tax returns for payment, as she is not and never has been registered with the TPB, was issued to Ms Van Stroe by the Federal Court on August 23, 2021.

Professor Dale Pinto, head of the Taxation Discipline in the Curtin Law School, said, "It is important for anyone who has used the services of unregistered preparers, like Ms Van Stroe, to review their tax returns. Unregistered preparers do not have the necessary skills or expertise to provide tax advice and by using her services these taxpayers have no protection against penalties which could be applied for mistakes Ms Van Stroe may have made."

The TPB is working closely with Curtin University’s Curtin Tax Clinic (CTC), which is offering free tax advice to people impacted by Ms Van Stroe. 

Co-Founders of CTC, Annette Morgan and Donovan Castelyn, said, "CTC is happy to provide free assistance in situations like this as it aims to assist unrepresented taxpayers in meeting or complying with their tax affairs. In return the experiential learning opportunities for students who work under the supervision of experienced tax practitioners in these situations are most valuable."

Only tax agents registered with the TPB can legally charge a fee to lodge income tax returns – find a registered tax agent using the TPB register.

The Australian Taxation Office (ATO) said anyone who has used her services should urgently review their income tax returns and ensure that the details provided to the ATO are correct and substantiated. This can be done by logging into your MyGov account or by contacting the ATO on 13 28 61.

"To get help help reviewing your tax return it is recommended that you seek independent advice from a registered tax agent," the ATO said.

Anyone who has used Ms Van Stroe's services that needs help understanding their tax affairs can contact CTC by phone on (08) 9266 2575 or email at This email address is being protected from spambots. You need JavaScript enabled to view it..

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 and Facebook.

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THE Financial Services Council (FSC) has urged the Federal Government to amend the proposed Compensation Scheme of Last Resort (CSLR) to prevent the 'moral hazard' of shifting costs onto companies and consumers who have done nothing wrong.

The FSC also calls on ASIC to strengthen enforcement of existing laws to prevent the source of unpaid determinations resulting from advice failures.

The proposed design of the CSLR does little to reduce the risk of unpaid Australian Financial Complaints Authority (AFCA) determinations and simply shifts the cost, via levies, to financial services companies that have done nothing wrong.

EY economic modelling commissioned by the FSC demonstrates the future cost of advice failures for the CSLR is likely to be $59.2 million, significantly higher than the $8 million forecast by the Government, once ‘black swan’ events, such as a financial crisis, are taken into account.

The FSC is recommending:

• ASIC introduce minimum capital requirements for advice licensees;
• ASIC has proactive oversight of Professional Indemnity Insurance (PI) held by advice licensees;
• Provisions in the CSLR are introduced to prevent phoenixing;
• Retaining the $150,000 cap on claims proposed by the Federal Government; and
• House the CSLR in Treasury to remove conflicts of interest and reduce operational costs.

The FSC’s recommendations would lower costs and protect all advice businesses that act with integrity from those that are unable to meet compensation demands and instead push the cost of failure onto the broader industry

FSC CEO Sally Loane said, “For the CSLR to genuinely be a scheme of last resort for consumers ASIC must strengthen its oversight of existing requirements for advice licensees to have appropriate capital, professional indemnity insurance and compensation arrangements in place.

“Weak enforcement has been a significant contributor to the current scale of unpaid determinations and the future cost of the scheme, and a more proactive approach to enforcing the law is essential.

“Why put a safety net under a leaky bucket? Mandating that sound financial services businesses to fund consumer compensation for those businesses which have failed is moral hazard writ large.

“The FSC recommends ASIC undertake risk-based reviews of a representative sample of advice licensees to encourage good practice and reduce the risk of consumer unpaid determinations arising from those businesses that are undercapitalised and have inadequate insurance,” Ms Loane said.

“The CSLR should also be amended to prevent phoenixing, where an operator abandons a company to avoid compensation and shifts the cost onto the CSLR, only to start a new company in the same sector. In the UK phoenixing has contributed to the ballooning £700 million cost of their compensation scheme.”

EY economic modelling demonstrates that if the FSC’s recommendations are implemented by the Federal Government, future costs arising from the CSLR can be reduced from $59.2 million to $7.8 million through the following measures:

• Introducing capital requirements and stronger ASIC oversight of PI insurance, in addition to requiring the scheme operator to comprehensively pursue third party recovery, would reduce the cost of the scheme by $46.4m; and
• Introducing measures to prevent phoenixing would reduce the scheme by $5m.

Simplifying the governance of the scheme would be expected to have a modest impact on reducing the operational costs of the scheme over time but were not included in the EY modelling.

These measures show that sensible scheme design measures, as well as concurrent reform to strengthen advice licensees, can significantly lower future CSLR costs whilst also providing a significant safety net for consumers.  

For a copy of the key findings of the EY Report: https://fsc.org.au/resources/2267-ey-economic-analysis-cslr-summary/file

About the Financial Services Council
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 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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THE Joint Select Committee on Road Safety will hold further public hearings for its Inquiry into Road Safety on September 29 and 30, 2021.

The hearing on September 29, 2021 will be an opportunity for the committee to hear from driver education programs, allied health professionals, academics and legal organisations about the ‘human’ factors which contribute to road trauma and measures that may be taken in this space to improve road safety outcomes.

Committee chair, Darren Chester MP, said, "The majority of fatalities and serious injuries on our roads result from human error. Indeed, the 'fatal five'—speeding, distraction, fatigue, drug and alcohol impairment, and failure to wear a seatbelt — are all consequences of actions taken by drivers.

"The committee strongly favours a holistic approach to road safety, including ongoing investment in better, safer roads, and considers human factors to be a critical component of the road safety environment. Accordingly, the hearing will be an opportunity for the committee to gather valuable evidence on how human error contributes to road trauma, and measures that can be taken to reduce error and enhance safety on Australian roads."

The hearing on September 30 will be an opportunity for the committee to hear from peak bodies, research organisations and safety authorities about the measures which Australia can take to reduce road trauma via safer vehicles and improvements to the nation’s infrastructure.

Mr Chester said "Ensuring vehicles on Australian roads are as safe as possible — including by encouraging the uptake of proven safety technology — is crucial to addressing road trauma. Equally important is maintaining the quality and currency of road infrastructure and ensuring new and upgraded infrastructure fully considers the safety of road users.

"Accordingly, the hearing will be an opportunity for the committee to hear about measures to ensure the safety of vehicles on our roads, and the infrastructure that is needed to reduce road trauma and ensure Australia is prepared for future vehicle technologies."

Public hearing details

Date:               Wednesday, 29 September 2021
Time:              9.30am to 4.15pm

Witnesses:  Occupational Therapy Australia, Maurice Blackburn Lawyers, Road Safety Education Limited, BRAKE, National Road Safety Partnership Program, Road Safety Matters, Engineers Australia.

Date:               Thursday, 30 September 2021
Time:              9.30am to 5pm

Witnesses:  Institute of Public Works Engineering Australasia, Dr Richard Tooth, Roads Australia, Australian Automobile Association, Human Factors and Ergonomics Society of Australia, Australian Road Safety Foundation, 3M, Electric Vehicle Council. 

Due to health and safety concerns relating to the COVID-19 pandemic, hearings will be held remotely via videoconference and will not be open for public attendance. However, interested members of the public will be able to view proceedings via the live webcast at aph.gov.au/live.

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THE House of Representatives Standing Committee on Economics will hear from super funds and fund managers about common ownership and capital concentration at a public hearing on Monday, September 20, 2021.

Committee chair Tim Wilson MP said, "Super funds control vast assets within Australian listed equities and unlisted assets, often across competing entities. The committee wants to discover whether such concentration of capital and common ownership structures causes negative outcomes for smaller retail shareholders and consumers more generally.

"At our previous hearing, the committee was able to hear from the world’s foremost experts on the theoretical underpinnings of this issue. This hearing gives the committee a chance to question the super funds on the real-world impacts of how the sector’s control of $760 billion in Australian citizens’ retirement savings impacts competition within the Australian market.

"Regulators have raised questions about the consequences of common ownership, and academics have raised concerns about the role of hedge funds, index funds, proxy advisers and super funds in supressing competition and the risks of inaction," Mr Wilson said.

The full Terms of Reference for the inquiry into common ownership and capital concentration are available on the committee’s website.

Public hearing details

Date: Monday, 20 September 2021
Time: 9am to 2pm

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

Due to health and safety concerns relating to the COVID-19 pandemic, this hearing is not currently scheduled to be open for public attendance. Interested members of the public will be able to view proceedings via the live webcast at aph.gov.au/live.

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"WE NEED BANKS to fuel the economic engine of recovery and back households and small business," said chair of the House of Representatives Standing Committee on Economics, Tim Wilson MP, in the lead up to the forthcoming hearing with ANZ and CBA.

ON MONDAY the House Standing Committee on Social Policy and Legal Affairs will hold its first public hearing for its inquiry into constitutional reform and referendums.

The Committee will hear from a range of witnesses, including academics, research institutes and the Attorney-General’s Department.

The inquiry is considering ways to improve public awareness about the Australian Constitution, community consultation when amendments are proposed and current arrangements for the conduct of referendums. The Committee is inquiring into the conduct of referendums, rather than specific proposals for constitutional change.

Chair of the Committee, Andrew Wallace MP said, "The last referendum to change the Australian Constitution was held in 1999. This fresh look at the process of constitutional reform in Australia will ensure that the conduct of referendums remain suitable for contemporary Australia.

‘The Committee looks forward to discussion with expert witnesses to hear their ideas on how the conduct of referendums could be modernised."

Further information about the inquiry, including the terms of reference, is available on the inquiry webpage at www.aph.gov.au/constitutionalreform.

Public hearing details

Date: Monday, 20 September 2021
Time: 9am to 12.45pm (Canberra time)

A full program for the Committee’s hearing is available on the Committee’s website here.

Due to Covid-19 restrictions, Committee proceedings held in Parliament House are not currently open to the public. The hearing will be broadcast live at aph.gov.au/live.

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THE Queensland Resources Council (QRC) has welcomed member company Rio Tinto’s decision to build a new solar farm and battery storage project in the state’s far north.

The project will generate even more renewable energy for Rio’s bauxite operations at Weipa – tripling the local electricity network’s solar generation capacity.

Under the plans, QRC member company EDL has been contracted for the build with construction of the whole project expected to be complete by late 2022.

QRC chief executive Ian Macfarlane said Rio’s move to incorporate more renewables into its operations and boost local access to green power was part of a resource industry-wide commitment to lowering emissions.

“Resources companies understand they have an important role to play in lowering global emissions to meet the challenges of climate change and the expectations of the community,” Mr Macfarlane said.

“Investments in renewable energy projects like this is great news for Queensland and will help our industry lower its global carbon footprint, and add value to the Weipa community in a reliable, sustainable and cost-effective way.”

Rio Tinto already operates a 1.6-megawatt (MW) solar farm in Weipa which generates 20 percent of the town’s daytime energy demand, saving up to 2.3 million litres of diesel and 1,600 tonnes of carbon dioxide each year.

“This will be the biggest battery on the Western Cape – and that’s great news for expanding Rio Tinto’s use of solar energy,” Mr Macfarlane said.

The new plan announced today will extend the project’s capabilities to a 4MW solar capacity, and the 4MW/4MWh battery will provide approximately 11 gigawatt hours of energy annually.

In a statement, Rio Tinto Aluminium Pacific Bauxite Operations general manager Michelle Elvy said the expansion of the company’s renewable energy capabilities would further reduce diesel consumption at its Weipa operations by around 7 million litres per year, and lower its annual carbon dioxide emissions by about 20,000 tonnes – the equivalent of taking more than 3,750 cars off the road.

Mr Macfarlane said renewables provided an important new source of long-term demand for Queensland’s minerals.

"There's two and half times more copper in solar PV per kilowatt hour of generation capacity compared with conventional thermal generation fleet. That's good news for Queensland's copper miners – we're growing our own demand," he said.

“Queensland’s economy was built on reliable access to low-cost energy and it remains a vital ingredient for the success of the resources sector.

“As we manage the transition to our low emission future, QRC members are showing how to ensure that Queensland’s energy mix remains affordable, and reliable while still driving down emissions.

“Today’s announcement from Rio Tinto and EDL ticks all the boxes – lower emissions, more jobs, and more demand for Queensland’s minerals. Win. Win. Win.”

www.qrc.org.au

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MORE THAN 500 farmers, landholders and Indigenous representatives will gather virtually for day two of the Carbon Market Institute’s 5th annual Carbon Farming Industry Forum today (Friday).

They will discuss how to maximise employment, environment and Indigenous benefits as well as how to maximise impact for farmers and agricultural exporters.

Speakers include Tony Mahar, CEO National Farmers’ Federation, Gillian Mayne, director Land Restoration Fund, Jason Strong, managing director Meat and Livestock Australia, Elizabeth O’Leary, head of agriculture for Macquarie Infrastructure and Real Assets, and Charlie Prell, chair of Farmers for Climate Action.

John Connor, CEO of the Carbon Market Institute said, “By working with landholders, farmers and Indigenous communities we can get a broad range of benefits into regional communities, including environmental and social impacts. Farmers will be able to access international markets and carbon money for their hard work.

“Together, we can boost supply and engagement in a way that ensures the product is fair dinkum for everyone - investors, consumers and the landholders themselves.

"Carbon farmers are involved in trying to stop emissions of heat-trapping gases into the atmosphere, as well as drawing them down into vegetation and soils. It's something we’re going to need a lot more of to get to net zero emissions. 

“It’s a win for farmers because it’s a stream of carbon revenue that can build resilience to some of the climate shocks, and it’s a win for those farms and the environment because you build up the health of the ecosystem more generally.”

Nadia Campbell is a cattle farmer who has one of Queensland’s biggest carbon farming projects on her property Goondicum, near Monto.

She is taking part in the forum in Friday afternoon’s session, in conversation with other carbon farmers.

Ahead of the forum Ms Campbell said, “Since going into carbon we’re seeing an improved environment in which we’re producing better quality beef and have less wear and tear - less erosion - on our property.

"It’s also given us a diverse income stream. In times of drought when you're running lower numbers of stock it is certainly comforting knowing you’ve got another form of income coming in through carbon. It’s also allowed us to invest and put in improved water infrastructure and fencing on the property.

"I really can’t fault it. It’s dovetailed perfectly into our business, it’s enhancing our ecological health, it’s enabling us to help the environment. It’s improving the quality of land for our cattle as well.

"We provide protein to the world and are paid for that but now we can also be paid for the carbon we sequester. My message for other farmers and especially graziers is to make hay while the sun shines."

A Farmers for Climate Action report released this week has found farmers can earn $34.4 billion to $43 billion by 2040 from carbon related projects. 

Friday’s forum comes at a critical time for the industry as Australia celebrates key carbon market milestones this year: the 1000th registered emission reduction project; 100 million Australian Carbon Credit Units issued by the Clean Energy Regulator; and the 10th anniversary of the Carbon Farming Initiative Act.

The Carbon Market Institute is the independent industry association for business leading the transition to net zero emissions. Its over 100 members include primary producers, carbon project developers, Indigenous corporations, legal and advisory services, insurers, banks and emission intensive industries developing decarbonisation and offset strategies.

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