Newsletter No.202 4 Jun 2012 - Securities Registrars Association of

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SECURITIES REGISTRARS ASSOCIATION OF

AUSTRALIA INC.

ABN 52 057 832 827

Incorporated in Victoria under the Associations Incorporations Act 1981.

The liability of the Association’s members is limited.

Registration Number A0026236D

Postal address: Telephone (02) 9943 0554

P O Box R488 Facsimile: (02) 9943 0554

Royal Exchange Sydney NSW 1225 Mobile: 0414 685 214

Website: www.sraa.asn.au Email: sraainc@optusnet.com.au

Newsletter No. 202

4 June 2012

Contents in this issue include:

Agenda - Joint Meeting – 4 June 2012

- News from Divisions - Joint NSW, SA, VIC and QLD meeting – 7 May 2012

State Division Meeting Dates - 2012

Meeting Chairman: Martin Jones

Secretary: John Steel

Disclaimer: This periodical Newsletter is designed to keep readers abreast with current developments. It is not intended to be comprehensive. Readers are therefore advised that before acting on any matter arising herein, they should discuss the same with their advisers.

SECURITIES REGISTRARS ASSOCIATION OF

AUSTRALIA INC.

ABN 52 057 832 827

Incorporated in Victoria under the Associations Incorporations Act 1981.

The liability of the Association’s members is limited.

Registration Number A0026236D

Postal address: Telephone: (02) 9943 0554

P O Box R488 Facsimile: (02) 9943 0554

Royal Exchange, Sydney NSW 1225 Mobile: 0414 685 214

Web site: www.sraa.asn.au

Email: sraainc@optusnet.com.au

NOTICE OF MEETING

(Venues)

Victoria New South Wales South Australia

National Australia Bank ASX Limited

Canberra Room

Level

1

20 Bridge Street

Sydney

(Please register at concierge desk on ground floor)

Dial in teleconference number for all parties : (02)

8298 8202

* (wait till

answer) then dial passcode

4240

*

NOTE CHANGE TO EXTERNAL NUMBER

Date :

Monday, 4 June 2012

Time : 12.30pm to 2.00pm

Meeting Chairman : Martin Jones

AGENDA

This is to be a joint Victoria, New South Wales and South Australian meeting

1. Notes from previous Division meeting

2. Corporations Amendment (Proxy Voting) Bill 2012

3. Australian Business Name Registration Service

4. Other Business

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1. Notes from previous Division Meeting

There were no notes available from the last monthly meeting

2. Agenda Items

2.1 Corporations Amendment (Proxy Voting) Bill 2012

The Bill was introduced and read, for the first time, to the House of Representatives on 24 May 2012.

A second reading has been moved.

The Bill Amends the Corporations Act 2001 to clarify that the chair of an annual general meeting, who is a member of the key management personnel or a closely related party of a key management personnel, is able to vote undirected proxies in the non-binding vote where the shareholder provides their express authorisation for the chair to exercise the proxy.

Date of effect will be the day after the Act receives Royal Assent .

2.2 Ban on Off-Market Transfers update

Treasury has released the outcomes of consultations into in-specie transfers between related parties (recommendation 8.13).

There was significant opposition within the Working Group and Self Managed Super Fund Professionals' Association of

Australia (SPAA) in the Peak Group to the proposal that all transfers between SMSFs and related parties be conducted on market where a ready market exists.

Weighing against this was the view that transfers between related parties should always occur through a market where one exists to remove any mischief (perceived or otherwise) of manipulation of capital gains tax (CGT) or excess contributions tax (ECT). The point was made that APRA regulated funds are able to nominate a transfer date for off-market transfers and therefore the potential for price manipulation is not constrained solely to the SMSF sector. It was argued, therefore, that the banning of off-market transfers where an underlying market exits would place the SMSF sector at a significant disadvantage compared to APRA regulated funds.

On balance it was concluded that prudential standards should be developed for off-market transfers for APRA regulated funds to complement the proposed restriction on SMSFs outlined in the recommendation. It was also concluded that a review of extending this measure to (Small APRA Funds) SAFs should also be considered although the different level of oversight applying to APRA regulated funds was acknowledged.

The majority of the Peak Group supported implementation of the recommendation to require assets to be transferred between SMSFs and related parties through an underlying market where one exists. It is agreed that where an underlying market does not exist, acquisitions or disposals of assets between SMSFs and related parties should be supported by a valuation from a suitably qualified independent valuer.

There was no mention of the 1 July 2012 deadline being extended to 1 July 2013.

2.3 New Australian Business Name Registration Service

ASIC media release 12-106MR confirmed commencement of the national Business Names Register on 28 May 2012.

The national Business Names Register replaces eight state and territory systems, simplifying business registration in

Australia by offering a single online service.

Under the new streamlined service, businesses only need to register their name once to have national effect and have the option of registering their name at a cost of $30 annually, or $70 for three years. Previously, a business operating and registering their business name in every state and territory incurred a cost of more than $1,000 for the same period.

The Business Names Register contains over 84 million migrated data records previously held by state and territory agencies across Australia. This includes over 1.6 million existing business name registrations which have been automatically transferred to ASIC’s national register. ASIC will contact current business name holders when it is time to renew their business name.

Further enhancements to the national Business Names Register will be delivered progressively between 28 May and

November 2012. These initiatives include a joint ABN (Australian Business Number) and Business Name registration transaction for new businesses to access from the ABR website.

More information is available at www.asic.gov.au

and click on “ASIC Connect”.

3. Other Business

3.1 Increase in Managed Investment Trust (MIT) final Withholding Tax rate

The Federal Budget, released on 8 May 2012, contained a surprise announcement that doubles withholding tax to 15 percent for non-residents such as foreign pension funds investing in managed investment trusts (MITs).

Commencing 1 July 2012, certain distributions from MITs to non-residents will be subject to an increased withholding tax rate of 15 per cent (from 7.5 per cent). This final rate of withholding tax will apply to distributions of certain Australian sourced income and capital gains (on taxable Australian property) made to residents of countries with which Australia has an exchange of information agreement. There is no change to the 30 per cent rate of withholding on distributions by MITs to other non-residents.

Despite criticism from industry participants that the change will make Australia a less attractive investment destination for foreign investors, Treasurer, Wayne Swan, is adamant that the federal government will not reverse his decision.

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A government spokesman said the 15 percent rate was consistent with other countries - 10 percent in Singapore, 15 percent in Japan, Hong Kong and United States & 20 percent in the UK.

3.2 Phishing emails

Our thanks to Tom Rado from the ASA for providing the following information.

Most of us receiving a phishing scam email would just delete it, unless we are trapped in believing that it's genuine.

Before deleting them, I usually forward them to ACMA's "Scam-to-Report" and the relevant financial institution to alert them. We are asked to just " Forward " on the emails and don't bother to add any comments; actually they prefer to receive them as is without any additions.

Here are some of the email addresses where to Forward them -

- ACMA "Scam-to-Report" - report@submit.spam.acma.gov.au

- ATO - ReportEmailFraud@ato.gov.au

- ANZ Bank - inetbank@anz.com

- CBA - hoax@cba.com.au

- NAB - spoof@nab.com.au

- Westpac - spoof@westpac.com.au

ACMA, ATO and some of the banks send back an automated thank-you acknowledgement email.

Also, it will be useful to have dedicated emails to ASIC, ACCC and to other financial institutions. Both ASIC & ACCC have dedicated web sites [e.g. http://www.staysmartonline.gov.au/ & http://www.scamwatch.gov.au

] from where it can be reported, but do not seem to have a dedicated email address which would be much simpler to send on fraud offers and phishing. However, the Dept of Broadband, Communication & Digital Economy (DBCDE) has a couple of email addresses - onlinesecurity@dbcde.gov.au

& staysmartonline@dbcde.gov.au

.

There is also a US reporting body - reportphishing@apwg.org

It's operated by APWG " Anti Phishing Working Group " - http://www.antiphishing.org/ ; its object is "Unifying the Global

Response to Cybercrime".

3.2a

Investors warned about dealing with Dellingworth Pty

Ltd

ASIC release 12-95MR has urged consumers to be wary of an unlicensed financial services business purporting to be based on the Gold Coast offering investors returns of up to 50%.

The investment offer involved investors receiving unsolicited telephone calls from persons purportedly representing

Dellingworth Pty Ltd offering the opportunity to invest in Australian shares traded by Dellingworth on the investors’ behalf with potential earnings of between 23% and 49% per annum.

Investors were asked to take part in a 7-day, no obligation, free trial with an investment of $1,500. Investors who accepted the offer were instructed to deposit their funds into a bank account in the name of Dellingworth Contract and were provided a user name and password which gave them access to their investment account on Dellingworth’s website.

Dellingworth does not hold an Australian financial services (AFS) licence. The addresses of Dellingworth’s registered office, its principal place of business and the residential address of the sole director and shareholder are false. Further, identification documents, presented by the sole director when Dellingworth’s bank account was opened, are also false.

Dellingworth’s website is no longer accessible and calls to its 1300 telephone number are no longer answered.

3.3 Future of Financial Advice (FOFA) further update

Treasury has released two new exposure drafts on the FOFA reforms.

The exposure drafts “FOFA regulations on grandfathering” and “First package of FOFA regulations” were released on 23

May 2012.

The deadline for industry consultation for both exposure drafts is 5 June 2012.

FOFA will commence on 1 July 2012 as planned however, the mandatory compliance date has been extended to 1 July 2013, allowing for a 12 month transition period.

ASIC has announced that it plans to release its consultation papers to the market place before 1 July 2012, with final guidance set for September this year.

3.4 Office of the Australian Information Commissioner (OAIC)

Privacy Amendment (Enhancing Privacy Protection) Bill 2012

On 23 May 2012, the Attorney-General introduced the Privacy Amendment (Enhancing Privacy Protection) Bill 2012 into

Parliament.

The Bill will establish a single, national set of Australian Privacy Principles (APPs) applying to both Commonwealth agencies and private sector organisations (referred to as APP entities), which replace the Information Privacy Principles for the public sector and the National Privacy Principles for the private sector.

Key changes include:

 clearer and tighter regulation of the use of personal information for direct marketing

 extending privacy protections to unsolicited information

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 making it easier for consumers to access and correct information held about them

 tightening the rules on sending personal information outside Australia

 enhancing the powers of the Privacy Commissioner to improve the Commissioner’s ability to resolve complaints, conduct investigations and promote privacy compliance

The government will also modernise credit reporting requirements.

Further information is available from www.ag.gov.au/Privacy/Pages/Privacy-Reforms.aspx

3.5 Cheques to Stay

Following significant advocacy from the Not For Profit sector, an industry investigation into the future of cheques in

Australia has found that there is currently no need to consider closing Australia’s cheque system despite its irreversible decline.

However, the report by the Australian Payments Clearing Association (APCA) notes that there is a need to address the challenges presented by persisting cheque usage and proposes a number of measures to assist cheque users to participate in the emerging digital economy.

The report found that cheque usage in Australia, over the past decade, has fallen by more than 60% and 75% of Australians no longer use cheques. The average cost of cheques to the community was estimated at $7.69 per cheque, compared to less than $1.21 for each electronic payment, according to the Reserve Bank.

Full details of the report and recommendations are available at: www.apca.com.au

under “The Decline of Cheques: Building a Bridge to the Digital Economy”.

3.6 CHESS Participant and Registry Bulletins

R2012/221 and attachment A – Update ASX Managed Funds Service

As outlined in Technical Bulletins P2012/083 (27 February 2012) and P2012/112 (12 March 2012), ASX Settlement has developed new CHESS messages to support the ASX Managed Funds Service.

Details of the new messages are contained in this bulletin and attachment A contains a revised ASX Managed Funds Service

Technical Overview.

Any queries on the Bulletin or Technical Overview should be directed to Arno Boeser at arno.boeser@asx.com.au.

Worth his weight in Wine

For all of us who are married, were married, wish we were married or wish we weren’t married, this is something to smile about the next time you see a bottle of wine.

Sally was driving home from one of her business trips in Northern Arizona when she saw an elderly Navajo woman walking on the side of the road.

As the trip was a long and quiet one, she stopped the car and asked the Navajo woman if she would like a ride.

With a silent nod of thanks, the woman got into the car.

Resuming the journey, Sally tried in vain to make small talk with the woman.

The old woman just sat silently, looking intently at everything she saw, studying every little detail, until she noticed a brown bag on the seat next to Sally.

“What’s in the bag?” asked the old woman

Sally looked down at the brown bag and said, “It’s a bottle of wine, I got it for my husband.”

The Navajo woman was silent for another moment or two.

Then, speaking with quiet wisdom of an elder, she said, “Good trade...”

Please advise the Secretary or your state representative if you have any items you wish to have discussed at the meeting.

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Securities Registrars Association of Australia Inc

ABN 52 057 832 827

State Division Meeting Dates - 2012

Victorian Division

Meetings held at 12:30 pm at: National Australia Bank

6 February 6 August

5 March 3 September

2 April 1 October

7 May 5 November

4 June 3 December

2 July

New South Wales Division

Meetings held at 12:30 pm at: Australian Stock Exchange Ltd

Level 1

6 February

5 March

2 April

6 August

3 September

1 October

20 Bridge Street 7 May 5 November

Sydney 4 June 3 December

2 July

Queensland Division 6 February 6 August

5 March 3 September

2 April 1 October

7 May 5 November

4 June 3 December

2 July

Western Australian Division

Meetings held at 10:30 am 8 February at: Venue to be advised 11 April

13 June

8 August

10 October

12 December

South Australian Division

Meetings held at 12:00 pm

Annual General Meeting – 30 March 2012

Committee of Management Meeting – 30 March 2012

6 February

5 March

2 April

7 May

4 June

2 July

6 August

3 September

1 October

5 November

3 December

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