Governance News 3 December 2018

60 minute read (PDF download)  03.12.2018 Mark Standen, Siobhan Doherty, Kate Hilder

This week's issue includes (among other things) an overview of the Federal Modern Slavery Bill  2018 with comments from MinterEllison Partner, Geraldine Johns-Putra; an overview of ASIC's first review of the buy now pay later industry, and a summary of some of the issues explored over the course of the second week of the final Financial Services Royal Commission hearings.

Full coverage of this weeks content is now available. Past issues are available.

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https://www.minterellison.com/articles/governance-news-3-december-2018

Remuneration Navigation Show below Hide below

  • Australia to require companies to address the gender pay gap with financial penalties attaching for non-compliance? Legislation aimed at addressing the gender pay gap: Equal Pay Standard Bill (2018) has been introduced by independent MP Andrew Wilkie

Shareholder activism Navigation Show below Hide below

  • Partial win for Third Point? The WSJ reports that Campbell Soup Co and activist Third Point (Daniel Loeb) have reached a settlement.

Institutional shareholders and stewardship Navigation Show below Hide below

  • In Brief | Geraldine Buckingham has been appointed as the new chair and head of BlackRock Asia Pacific. She will take up the role from February 2018. Ms Buckingham’s appointment comes as BlackRock continues to consider Asia-Pacific one of its 'most critical priorities', according to chairman and CEO Larry Fink.

Meetings and proxy advisers Navigation Show below Hide below

  • First strike at Harvey Norman Holdings Ltd AGM: 50.63% vote against at the adoption of the remuneration report.
  • Setback for Premier’s campaign for board change at Myer: Myer received a second strike, but the board spill motion was not carried.

Markets and exchanges Navigation Show below Hide below

  • The ASX is consulting on a 'major package' of proposed changes to the ASX Listing Rules to 'simplify, clarify and enhance the integrity and efficiency' of the rules.

Regulators Navigation Show below Hide below

Australian Securities and Investments Commission (ASIC)

  • Treasury is consulting on possible changes to ASIC registry fees (as part of the broader modernisation of business registers)

Australian Prudential Regulation Authority (APRA)

  • Further consultation on the introduction of leverage requirements for ADIs: In response to industry feedback APRA proposes to lower leverage ratio requirements and give ADIs more time to comply.

Corporate social responsibility and sustainability Navigation Show below Hide below

  • UN calls for banks to align themselves with the SDGs and the Paris Climate Agreement to rebuild trust: UN Principles for Responsible Banking have been released for a six-month public consultation period
  • Westpac has launched a new green deposit scheme, certified by the Climate Bonds Initiative, for large wholesale investors who want to back environmentally friendly projects
  • United States | Employees increasingly expect the organisations for whom they work to take a stand on social issues, and to be 'good corporate citizens'

Financial Services Navigation Show below Hide below

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Sector (Financial Services Royal Commission)

  • Top Story | Financial Services Royal Commission Round 7 (Policy) hearings: Week 2 Part 1

Other Developments

  • Top Story | ASIC's buy now pay later review: ASIC's first review of buy now pay later industry has raised questions about the adequacy of consumer protections and calls, among other things, for the extension of the (proposed) product intervention power to all credit facilities regulated under the ASIC Act
  • Consultation on draft legislation intended to provide eligible mutual entities with access to a broader range of capital raising and investment options (without risking their mutual structure or status)
  • The Bill proposing to introduce increased civil penalties for white collar crime has passed the House of Representatives
  • Pressure building for more mergers in the superannuation sector? The Productivity Commission has found the case for 'economies of scale' in the superannuation sector is 'compelling'
  • APRA quarterly superannuation statistics released
  • In Brief | Commitment to inclusive banking: The Australian Banking Association (ABA) has announced that banks have committed to new principles: The Accessibility Principles for Banking Services aimed at ensuring banking products are accessible for those living with a disability. The new principles cover all areas of banking, including general accessibility, digital channels such as websites and mobile banking, device design and use, telephone services, voice activated services or AI and specific areas related to customer authentication.
  • In Brief | FASEA has released its policy on foreign qualifications as part of its revised standards for financial advisers for consultation. The deadline for submissions is 14 December 2018.

Accounting and audit Navigation Show below Hide below

  • The government has agreed with the PJC recommendation to review the adequacy of auditor disciplinary functions
  • United Kingdom | Increasing competition by challenging the 'big four' (or not)? Accounting firm BDO is reportedly set to become the largest firm outside the big four, assuming a merger with Moore Stephens goes through smoothly.

Risk management Navigation Show below Hide below

Supply Chain Risk

  • Top Story | The Federal Modern Slavery Bill has passed both houses and will become law

Cybersecurity

  • United Kingdom | Facebook confidential documents seized by the UK government as part of an investigation into Facebook's work with third party data providers
  • United States | USPS data breach has reportedly exposed the data of 60m users

Climate Risk

  • UN Climate risk report has found that existing current climate measures are inadequate to meet Paris Agreement targets 
  • United States | The Trump administration has released a congressionally-mandated report on the effects of climate change in the US which has found that extreme weather events are set to worsen, and that existing inequalities between low income and higher income communities are set to widen, due to lack of action to address the issue.  Reportedly President Trump has dismissed the report, saying 'I don't believe it'.  
  • In Brief | Rio Tinto Chair Simon Thompson has identified failure to take action on climate change as a 'the greatest long term threat to Rio Tinto': 'Rio has been a pioneer in setting high environmental and social standards, and engaging with stakeholders. And it has been a pioneer, not just because it is the right thing to do, but because failure to do so would undermine our business model' he said. 
  • In Brief | A majority of Australians support putting a price on pollution? 63% of Australians support putting a price on pollution to reduce GHG emissions, and only 25% are opposed to it according to research conducted by the Australia Institute (TAI). 

Other news Navigation Show below Hide below

  • The 2019-2020 Federal Budget will be held 2 April 2019 ahead of the Federal election (expected to be held in May).
  • In Brief | One step closer to a Federal ICAC? The National Integrity Commission Bill 2018 was introduced into the House of Representatives on 26 November and has been referred to the Senate Legal and Constitutional Affairs Legislation Committee for report by 5 April 2019. 

Full coverage of this weeks content is now available. Past issues are available.

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https://www.minterellison.com/articles/governance-news-3-december-2018