Objective To improve the wellbeing of the Australian community through high, sustainable economic and employment growth with low inflation and efficient and sustainable use of resources. Description The Department of the Treasury moved from a program-based structure to an output-based structure reporting in 1998-99 in line with the Government’s initiatives to move to accrual accounting. The revised structure is composed of three Groups Economic Group, Markets Group and Budget Group with each Group being composed of a number of Divisions. A Corporate Services Division provides corporate support and an Executive area provides strategic direction. This Annual Report reports on the subprogram basis used in the 1998-99 Portfolio Budget Statements, and the individual subprograms do not necessarily correspond to particular Groups in the current structure. The Royal Australian Mint is a Division of Treasury but is not included in the Treasury Program. Table 1: Financial and Staffing Resources Summary
Note: The 1998-99 Budget figures have been amended to reflect the transfer of Consumer Affairs Division to Treasury in October 1998. The 1998-99 Budget and Actual staffing figures include Consumer Affairs Division from the transfer date. The 1998-99 Budget figures contained in this and all other financial tables have been adjusted to include Additional Estimates. The figures represent the aggregate of appropriations available to Treasury during 1998-99. Figures in tables and generally in the text have been rounded. Discrepancies in the tables between totals and sums of components are due to rounding. The staff years refer to average staffing levels over the entire financial year. The figures represent the full-time equivalent of all staff paid during the year, including paid inoperative staff and part-time staff. Aggregate Departmental staffing figures in Appendix A refer to operative staff and paid inoperative staff as at 30 June 1999. Detailed financial information for 1998-99 is contained in the Financial Statements and detailed staffing information is contained in Appendix A. Client Service Charters All agencies in the Treasury Portfolio other than the Department of the Treasury have either developed client service charters or are in the final stages of completing them. Treasury, which is predominantly a policy advising agency, is not required to produce a service charter at this stage. The Foreign Investment Review Board (FIRB), which is serviced by a secretariat located in the Department, has published a service charter, as has the Consumer Affairs Division (see page Further information about progress by individual agencies is contained in their annual reports. Subprogram 1.1 Domestic Economy Objective To assess current and prospective economic conditions and provide advice to the Treasurer and the Government on macroeconomic policy settings and labour market issues. Description Domestic Economy and Macroeconomic Policy Divisions are responsible for providing advice on economic conditions and the outlook; on the implications of economic developments for macroeconomic policy; and on labour market issues. Table 2: Financial and Staffing Resources Summary
Strategies to achieve the objectives of the subprogram include: Performance Indicators Performance indicators for this subprogram include the perceived quality, timeliness and relevance of economic forecasts, assessments of economic conditions and macroeconomic and labour market policy advice provided to the Government. Relevant benchmarks include the a Performance Outcome for 1998-99
Subprogram 1.2 International Economy Objective To promote Australia Description The program involves participation in policy discussions on economic and financial issues in various international institutions and fora, managing Australia Table 3: Financial and Staffing Resources Summary
Note: The Other Program Costs and Adjustments result from our transactions with the international financial institutions of which Australia is a member. Treasury publishes annual reports on Australia's relations with the International Monetary Fund, the World Bank and the Asian Development Bank which provide details of our transactions with those organisations. Strategies Strategies to achieve the objectives of the subprogram include: Performance Indicators
Performance Outcome for 1998-99 International Financial Crises As with last year, much of the program Three countries in the region continued their IMF-supported economic adjustment programs (Thailand, Indonesia and Korea) following their crises in 1997-98. Australia participated in financial support arrangements for each of these programs and undertook to provide support of up to $US1 billion in each case. Australia In the 1998-99 Budget, the subprogram was allocated an additional $505 million to help support the above mentioned economic adjustment programs associated with the IMF. These funds were not required in 1998-99. During the year, Treasury participated actively in the review of these programs. The programs were reviewed by the executive boards of the IMF, ADB and World Bank. They were also discussed at the fourth Manila Framework Group meeting. Elsewhere in the world, there were also financial crises. In August 1998, the Russian moratorium on foreign debt repayments brought about a financial crisis. Treasury provided advice to the Government on developments associated with this crisis and the implications for outstanding Soviet era debt. Later in the year, Latin America, particularly Brazil, was affected by financial crisis. Again, Treasury provided advice to the Government on this crisis. Australia was a key supporter of the use of the New Arrangements to Borrow (see separate section) in the financial support arrangements for Brazil. Prime Minister’s Task Force on International Financial Reform In October 1998, the Prime Minister commissioned a Task Force, chaired by the Treasurer, on international financial reform. The Task Force was requested to draw on the expertise of public and private sector members. Consistent with its terms of reference, the Task Force focussed on the contribution Australia can make towards strengthening the international financial system to reduce the risk of future crises and ensure greater stability in capital flows. In December 1998, the Treasurer presented to the Prime Minister the final report of the Task Force. Since then, considerable progress has been made in advancing many of the Task Force’s recommendations, with various international fora examining the same issues. Other Task Force recommendations have been substantially implemented or taken up in other fora. These include: that Australia prepare a model transparency report as an example for other countries to follow (this report was released at the fourth Manila Framework Group meeting in March 1999); that Australia promote improvements in corporate governance in the region; that Australia take a lead in promoting better coordinated technical assistance to crisis-affected countries; and that the IMF and World Bank introduce ‘innovative and flexible financial support facilities’ (such as the contingent credit line and development of policy-based guarantees). The International Economic Policy Group The International Economic Policy Group (IEPG) was formed in early 1999 to facilitate a coordinated ‘whole of government’ consideration of international economic developments and policy issues. The IEPG meets approximately every six weeks, or as needed. The IEPG comprises high level officials from the Departments of the Prime Minister and Cabinet, Foreign Affairs and Trade, Treasury and the Reserve Bank, with other economic departments attending as required. International Financial Institutions Treasury participated in, and provided briefing for, Australian Ministerial and official delegations to the IMF/World Bank Annual Meetings in Washington on 4-6 October 1998, the IMF/World Bank Spring Meetings in Washington on 27-28 April 1999, the ADB Annual Meeting in Manila on 30 April-2 May 1999 and the EBRD Annual Meeting in London on 19-20 April 1999. It also prepared briefing for Australia Responses to the international financial crisis, and its lessons for the future, dominated much of the business of the international financial institutions during the year. In addition, progress was made in implementing multilateral debt relief for Heavily Indebted Poor Countries (HIPCs) and progressing institutional reforms in the multilateral development banks. Australia supported a review of the HIPC Initiative, which will be considered at the 1999 Annual Meetings of the IMF/World Bank. Treasury prepared annual reports to Parliament on Australia Manila Framework Group Treasury attended, and played an active role in the outcome of, the third Manila Framework Group meeting in Kuala Lumpur on 7-8 November 1998. Treasury hosted the fourth Manila Framework Group meeting in Melbourne on 26-27 March 1999. The Manila Framework Group comprises Finance and Central Bank Deputies from 14 economies: Australia, Brunei, Canada, China, Hong Kong SAR, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand and the United States. The IMF, the ADB and the World Bank are also represented. The Group was formed at Manila in November 1997 to discuss strategies to address the financial crisis in Asia, and developed a framework on regional surveillance and the improvement of the international financial system. At the third Manila Framework Group meeting, the Group discussed the strengthening of financial markets in the region, the improvement in the outlook and the ongoing economic and financial reforms being undertaken in response to the financial crisis. The meeting called for economies to adhere to sound policies to promote sustainable growth, and continued efforts by crisis-affected countries to purs At the fourth Manila Framework Group meeting, the Group discussed the improving outlook for the region. The meeting focussed on the outlook for the large member countries of the United States, Japan and China. Lessons were drawn from the difficulties experienced by IMF-supported programs in Asia. Additionally, international financial reform issues were discussed, including the need to advance development of a framework for private sector involvement in crisis management and the importance of greater and more symmetrical application of transparency requirements in both the public and private sectors (including the operations of highly leveraged institutions). The issue of improving transparency amongst member countries was also discussed. In his opening address to the meeting, the Treasurer presented an Australian self-assessment transparency report, Making Transparency Transparent: An Australian Assessment, prepared by Treasury, with contributions from the Department of Finance and Administration, the Australian Bureau of Statistics, the Australian Taxation Office and the Australian National Audit Office. The RBA, the Australian Securities and Investments Commission and the Australian Prudential Regulation Authority also provided assistance. The report outlined Australia’s compliance with various international transparency and good governance codes of practice. Six Markets Group On 25 February 1999, a meeting of the Six Markets group was held in Tokyo. The meeting was attended by senior officials of the Finance Ministries, Central Banks and/or Monetary Authorities of Australia, China, Hong Kong SAR, Japan, Singapore and the United States. Participants discussed international financial reform issues, particularly those issues concerning hedge fund oversight and private sector involvement in crisis management. G26 Meeting and G7 Seminars In conjunction with the 1998 Annual Meetings of the IMF and World Bank, the United States convened a meeting of Treasurers/Finance Ministers and central bank governors from 26 economies. The Assistant Treasurer and the Governor of the RBA attended the meeting. The meeting examined issues relating to the stability of the international financial system and effective functioning of global capital markets. Reports of the three working groups that had been established at the G22 meeting earlier in the year were presented at the meeting. Treasury represented Australia on the group that examined transparency and accountability issues. During the year the G7 held two seminars, with participation from the G33 countries, to discuss international financial reform. Senior Treasury and RBA officials attended these meetings, which were held on 11 March 1999 in Bonn and on 25 April 1999 in Washington. New Arrangements to Borrow The New Arrangements to Borrow (NAB) are credit arrangements under which 25 members, or their institutions, stand ready to provide loans to the IMF to increase the resources it has available for use in emergency situations. For its first year of operation, Australia is the chair of the NAB. Representatives of the countries and institutions participating in the NAB met in Washington on 28 April 1999. This meeting was chaired by the Secretary to the Treasury, Mr Ted Evans, and discussed international monetary issues and their impact on the NAB. The NAB were activated for the first time on 2 December 1998 to finance a component of the IMF’s financial assistance to Brazil. Australia disbursed $169 million to the IMF on 14 December 1998. The IMF repaid the principal on 11 March 1999 and interest was received in February and March 1999. Multilateral Investment Guarantee Agency On 10 February 1999, Australia became a member of the Multilateral Investment Guarantee Agency (MIGA), part of the World Bank Group. MIGA’s purpose is to encourage foreign investment in developing countries by providing investment guarantees against the risks of currency transfer, expropriation, and war and civil disturbance. MIGA also provides advisory services to developing member countries on means of improving their attractiveness to foreign investment. Asia-Pacific Economic Cooperation Economic Leaders The onset of international financial crises saw this topic at the centre of discussions among APEC economic leaders at their annual meeting in Kuala Lumpur in November 1998. In the lead-up to that meeting, the Secretary to the Treasury, as the Prime Minister’s Special Envoy, led an interdepartmental team to a number of Asian capitals to discuss Australia’s proposed approach to the leaders’ meeting. Finance Ministers Treasury provided policy advice and briefing for the Treasurer’s participation in the Sixth APEC Finance Ministers’ meeting held in Langkawi, Malaysia, in May 1999. The meeting pursued efforts to reform the international financial system and secured a commitment by member economies to improve prudential supervision in the banking and securities sectors by better training of supervisors. It also continued to advance the strengthening of corporate governance in the region. Following on from Australia’s successful hosting of a symposium in November 1998 to launch this corporate governance initiative, Australia offered to organise a joint APEC-OECD workshop on insolvency law later in 1999 to further progress work on the collaborative initiative to improve corporate governance in the region. Investment Experts Group Treasury was active in APEC’s investment liberalisation, facilitation and cooperation activities through leading Australia’s representation in the APEC Investment Experts Group. Treasury worked to ensure that the Group remained focused on investment liberalisation and facilitation rather than investment promotion activities. A major output of the Group was a ‘menu of options’ for investment liberalisation and business facilitation from which economies may voluntarily select any of a number of options to make progress toward creating a free and open investment regime. The Group has also begun updating the APEC Investment Guidebook, which provides comprehensive information on the investment regimes of member economies. Economic Committee Treasury led Australia’s representation on APEC’s Economic Committee. Treasury worked to improve the quality of the Committee’s output and to ensure that the activities of the Committee met the needs of Leaders, Ministers and other APEC fora. The major outputs for the year included the annual APEC Economic Outlook, work on research projects analysing APEC economies after the financial crisis, a report on Costs and Productivity Trends and Patterns of Specialisation in APEC, and a survey on Trade-Related Environment Measures and Environment-Related Trade Measures. Relations with Asia Treasury’s representatives in Tokyo, Beijing and Jakarta continued to be active in maintaining and developing relations with Treasury’s counterparts in Japan, Korea, China, Ho Relations with Pacific Economies South Pacific Forum Economic Ministers’ Meeting (FEMM) The Assistant Treasurer attended the second FEMM in Nadi, Fiji in July 1998. Following the adoption of the FEMM Action Plan of economic liberalisation at its inaugural meeting in 1997, FEMM confirmed its commitment to economic reform as the key to improving the climate for private investment in the region and raising sustainable levels of growth. Encouragingly, considerable progress has been made by a number of member economies. Organisation for Economic Co-operation and Development Treasury staff participated in the work of OECD committees relevant to their responsibilities in the fields of macroeconomic and microeconomic policy, forecasting, taxation, competition policy, investment and capital markets. In June 1999, Treasury participated in consultations with a visiting OECD team in preparation for the OECD Overseas Policy Lessons Reporting by overseas posts and analysis conducted during the year maintained a close focus on international economic developments and on overseas experience of relevance to domestic economic policy formulation. In particular, contacts made by overseas posts aided understanding and analysis of events that have unfolded in Asian financial markets and economies over the past two years and their global implications. Reporting and analysis of developments in major economies contributed to our understanding of macroeconomic conditions and likely policy developments in these economies. For example, the impact of global developments on the Australian economy requires a balanced assessment of the continuing strong growth in the United States against the weak condition of the Japanese economy, and the likely influence of policy prescriptions adopted in those countries. European reporting has also contained useful macroeconomic policy insights from developments such as the progress of the European Economic and Monetary Union, and microeconomic reporting on issues such as labour market reform, corporate law and competition policy issues. The work and discussion taking place in the OECD continues to be of major interest. Objective To promote more efficient and sustainable use of resources and improved structural competitiveness and productivity of the Australian economy. Description Structural Reform Division provides advice on: Table 4: Financial and Staffing Resources Summary
Strategies Strategies to achieve the objectives of the subprogram, which are reflected in the Division Performance Indicators Performance indicators for this subprogram include: Performance Outcome for 1998-99 Implementation of National Competition Policy The Division coordinated implementation of the National Competition Policy (NCP), which provides a framework to progress a broad range of microeconomic reforms. An important element of the NCP is the Commonwealth In liaison with the Office of Regulation Review in the Productivity Commission, Treasury coordinated the further progress of the Commonwealth Commonwealth progress against competition policy reform benchmarks was reported in the Commonwealth National Competition Policy Annual Report 1997-98. The Annual Report outlined progress on regulation review and the implementation of competitive neutrality principles as well as structural reform of public monopolies; access arrangements for significant infrastructure facilities; prices oversight; legislative exceptions from the application of Part IV of the Trade Practices Act 1974; and progress in the related reform areas of gas, electricity, water and road transport. Treasury officers represented the Commonwealth on the Committee on Regulatory Reform established under the auspices of the Council of Australian Governments (COAG). The Committee considers the treatment of cross-jurisdictional issues arising from the regulatory reform programs of the States and Territories and the Commonwealth. The Division also provided advice on other aspects of the NCP including: During 1998-99 Treasury worked with other departments and agencies, other levels of government and industry in progressing structural reform in areas such as the transport, communications, electricity and gas sectors of the economy. This involvement reflected Treasury Telecommunications reforms have played an important role in improving the competitiveness and productivity of the economy, and will continue to do so. During the year, the Division liaised with Department of Communications, Information Technology and the Arts (DoCITA) on proposed amendments to the telecommunications industry provisions in Parts XIB and XIC of the Trade Practices Act 1974. The Division liaised with other agencies and provided advice on the framework for the second tranche sale of Telstra and the National Transmission Network sale. The Division also consulted with DoCITA and the Australian Competition and Consumer Commission (ACCC) in the development of an access regime for the postal services market. The access regime is intended to encourage and promote competition while protecting the integrity of Australia Post’s network. A legislative package to give effect to the Government’s postal reforms, including the access regime, is to be introduced into Parliament. The Division provided advice and prepared formal instruments for the Treasurer to implement prices monitoring of stevedoring services at Australia's The Division also plays a role in the access framework in Part IIIA of the Trade Practices Act 1974 by advising the Minister for Financial Services & Regulation on the certification of access regimes. These aim to provide access for third parties to key infrastructure services in order to promote competition in related markets. During the year, the Division advised the Minister on the certification of the South Australian Third Party Access Regime for Gas Pipeline Services, which establishes a framework for third parties to obtain access to significant natural gas pipelines. All States and Territories have agreed to submit for certification an access regime for gas pipelines based on the National Third Party Access Regime for Natural Gas Pipeline Systems, as agreed by COAG in November 1997. The Division continued to contribute to policy debate and development. For example, in October 1998, Treasury made a submission to the Upstream Issues Working Group on competition in Australia’s upstream gas industry and in November, published its submission to the Senate Inquiry into the Socio-Economic Consequences of National Competition Policy. The Division contributes substantially to various interdepartmental policy development processes in the communications, aviation and energy areas. Productivity Commission The Productivity Commission (the Commission) is the Government The broad charter of the Commission is to hold inquiries into industry, industry development and productivity matters referred to it by the Treasurer. Other key functions are to undertake research and promote public understanding of such matters; and investigate and report on competitive neutrality complaints about Commonwealth Government businesses and business activities. Treasury has a central role in the work of the Commission. The Division coordinates a substantial forward work program for the Commission and the preparation of terms of reference for its inquiries. The Division also provides advice on the processes to be followed by departments and agencies in formulating the Government During 1998-99 Treasury coordinated and finalised eight wide-ranging inquiry references to the Commission. The references were: Nursing Home Subsidies; Progress in Rail Reform; Implementation of Ecologically Sustainable Development by Commonwealth Departments and Agencies; Australia’s Gambling Industries; Impact of Competition Policy Reforms on Rural and Regional Australia; International Telecommunications Market Regulation; International Liner Cargo Shipping: A Review of Part X of the Trade Practices Act 1974; and Broadcasting. In conjunction with the relevant departments, Treasury coordinated the Government’s responses to eleven Commission reports during the year. The reports were: The Machine Tools and Robotics Industries; Implications For Australia of Firms Locating Offshore; Book Printing; Medical and Scientific Equipment Industries; Ecologically Sustainable Land Management; Telecommunications Equipment, Systems and Services; The Australian Black Coal Industry; International Air Services; Pig and Pigmeat Industries: Safeguard Action Against Imports; Nursing Home Subsidies; and Implementation of Ecologically Sustainable Development by Commonwealth Departments and Agencies. The Productivity Commission publishes its own Annual Report. General Policy Advice and Other Activities The Division provided advice to the Treasury portfolio Ministers and engaged in policy development processes on a wide range of issues relating to industry policy. For example, this included advice on implementing the new Part VB of the Trade Practices Act 1974 which gives the ACCC the power to monitor prices and issue notices against businesses it considers are engaging in price exploitation during the transition to the New Tax System. It also included advice on Australia’s position on competition and regulatory policies and law at international fora including APEC and OECD. In addition to the Productivity Commission the Division provides oversight of the Commonwealth Competitive Neutrality Complaints Office, the Office of Regulation Review, the National Competition Council, the Australian Competition and Consumer Commission, and the Australian Competition Tribunal. Objective To develop taxation policies which contribute to the reform of the Australian taxation system in terms of efficiency, equity and administrative simplicity. Description Budget Group is responsible for assessing and advising on the general structure of the taxation system and its components, in relation to economic efficiency, equity, income distribution, budgetary requirements and economic feasibility. The Budget Group Divisions involved in this subprogram were Business Income and Industry Policy Division; Business Entities and International Tax Division; Indirect Tax and Payment Design Division; and Retirement and Personal Income Division. In 1998-99, Treasury provided officers and support for the Taxation Task Force which assisted in the production and implementation of the Government’s tax reform plan A New Tax System. Treasury also provided officers and support for the Secretariat of the Review of Business Taxation. Table 5: Financial and Staffing Resources Summary
Strategies to achieve the objectives of the subprogram include: Performance Indicators Performance indicators for the subprogram include: Performance Outcome for 1998-99 Policy Focus In August 1998, the Treasurer released the document Tax Reform: Not a new tax, a new tax system which set out the shortcomings of the existing taxation arrangements and proposed a range of reforms. Reforms included: replacing the wholesale sales tax and a number of State and Territory taxes with a modern broad-based goods and services tax; an overhaul of Commonwealth-State financial relations; reforms to tobacco and petrol excise; substantial income tax cuts; a families package; and a range of administrative reforms, including a new collection and payment system. The Treasurer also announced the establishment of the Review of Business Taxation to make recommendations The Government appointed Mr John Ralph, AO to chair the Review of Business Taxation. To assist Mr Ralph, the Government appointed Mr Bob Joss, Senior Adviser at Westpac and Mr Rick Allert, Chairman of Southcorp. Messrs Ralph, Joss and Allert were assisted by a Secretariat located in the Treasury. The Secretariat was headed by Dr Alan Preston and comprised Treasury officers, officers from the ATO and other Departments, and external consultants. A New Tax System On 26 October 1998, the Treasurer appointed the Tax Consultative Committee to assist the Government through a consultation process to finalise the Goods and Services Tax (GST) design for health, education, religious services and the non-commercial activities of charities. The Committee was also asked to make recommendations on transitional arrangements relating to motor vehicles and to report by 13 November 1998. Treasury provided the Secretariat for the Committee. As a member of the Taxation Task Force implementing the new tax system, Treasury consulted with a wide range of groups interested in aspects of the new tax system, including community organisations on the details of the new structure of family assistance. On 2 December 1998, the Treasurer introduced the first package of the legislation to give effect to the new tax system. The Bills included the new GST system and transitional rules, income tax cuts, the abolition of wholesale sales tax, the Australian Business Number, Fringe Benefits Tax reporting on group certificates and increased family allowances. These Bills together with the wine equalisation tax and the luxury car tax were passed by the Parliament at the end of June 1999. Also in June, the Treasurer introduced legislation for the new pay as you go (PAYG) payment system. PAYG replaces all existing collection and reporting arrangements with one modern integrated system. Review of Business Taxation On 23 November, the Review released the first of its consultative documents, a discussion paper entitled A Strong Foundation. Following the release of the paper, the Review called for submissions on its proposals and held seminars in all capital cities. Over 70 submissions were received. The round of consultations held by the Review proved to be valuable, with seminar attendees taking the opportunity to raise issues of concern to them on the national objectives and design principles outlined in the paper, and giving broad support to the related processes for policy development. An information paper, An International Perspective, was released by the Review on 23 December 1998. A second discussion paper, A Platform for Consultation, was released on 22 February 1999. It raised detailed issues concerning the strategy for reform of the taxation of investments and business entities set out in A New Tax System. The Review conducted a round of consultations in all capital cities on issues raised in the discussion paper and invited all interested bodies or individuals to make submissions. From late February, the Review and its secretariat conducted numerous individual consultations on issues contained in A Platform for Consultation. Over 290 submissions were received. The Review provided its report to the Government on 2 August 1999. Feedback from Government and Taxpayers Budget Group obtained feedback on its performance through industry submissions and consultations and by monitoring factors such as the Group 1999-2000 Budget The 1999-2000 Budget extended family assistance to dependent young people up to the age of 21 (both students and job seekers). The measure commences from 1 October 1999 and will apply to existing family assistance arrangements. From 1 July 2000, the measure will form part of Family Tax Benefit, Part A, an element of the new tax system. Prior to introduction of the enabling legislation, the measure was further extended to include dependent students between the ages of 21 and 25. The Government enhanced the Pooled Development Fund (PDF) program to improve the effectiveness and attractiveness of PDFs as an investment vehicle, particularly for superannuation funds. The Government announced that from 1 July 1999 the Tax Incentive for Heritage Conservation would be converted into a grants program. Rates of excise and customs duty on aviation gasoline and turbine fuel were increased to address a shortfall in industry contributions to the air safety programs of the Civil Aviation Safety Authority. In addition, the rate of excise and customs duty on aviation gasoline and turbine fuel was temporarily increased with the revenue being used to help maintain the air traffic control services of Airservices at regional and general aviation airports. Finally, Treasury assisted in the compilation of the revenue estimates for the 1998-99 and 1999-2000 Budgets. The deviation of the 1998-99 Budget total revenue forecast from the actual outcome was 1.6 per cent, slightly below the average of past experience. Other Consultation with Taxpayers Treasury and ATO officials consulted with industry representatives concerning taxation relief for managed investment funds that are required to restructure under the terms of the Managed Investments Act 1998 (the MIA). Following the consultations, the Government decided to provide broad relief, for both funds and their members, from the income tax consequences of actions taken to comply with the MIA. Treasury and ATO officials consulted representatives of mutual organisations on possible refinements to draft legislation affecting the industry. The draft proposed a generic framework for the taxation consequences of certain transactions associated with demutualisation of mutual non-insurance organisations. The Government subsequently agreed to certain amendments to the draft legislation. More generally, Treasury regularly engages in consultations with other Departments, the private sector and interest groups, giving these bodies an opportunity to provide input to the development and implementation of the Government Community Education and Information Program Treasury spent $12.9 million in 1998-99 on an information and education program to inform the public of the nature of the Australian taxation system and changes required to reform it. Budget Group was responsible for this program. Reporting of Tax Expenditures Treasury produces the Taxation Expenditures Statement (TES) which provides details of the revenue impacts associated with concessional taxation treatment of specific groups and/or activities. The 1997-98 TES, published in July 1999, reports on the costs of particular tax expenditures with estimates and projections to 2001-2002. This complements information provided in the Budget Papers on the aggregate cost of tax expenditures as a proportion of GDP. The net cost of aggregate tax expenditures increased by around $0.2 billion in 1997-98. In aggregate the net measured tax expenditures are valued at $19.5 billion, equivalent to 14.3 per cent of Commonwealth Budget underlying outlays in 1997-98. The cost of tax expenditures is projected to decline to $19 billion in 2001–02, although the forward projections are subject to significant uncertainty. Other Policy Advice Budget Group advised the Government in respect of the following four new measures to encourage philanthropy which were announced on 26 March 1999: Treasury, in conjunction with the ATO, advised the Government in relation to the taxation implications of the privatisation of the wool stockpile. On 30 March 1999, the Government announced the tax treatment of the wool stockpile that will apply to the newly privatised company, WoolStock Australia (WA). WA will be exempt from income tax on its stockpile disposal activities. The exemption will apply to all activities relating to, and incidental to, the holding and disposal of the stockpile on hand at the date of privatisation. Any income derived from other activities will be taxable. Officers from Treasury, the ATO and the Department of Industry, Science and Resources developed proposed amendments to the Petroleum Resource Rent Tax concerning vertically integrated gas-to-liquid projects. In particular, the amendments provide a methodology for determining a transfer price for feedstock natural gas. Officials have also consulted with industry representatives on these matters. The OECD Committee on Fiscal Affairs has broad responsibilities related to taxation policy and administration. Treasury has contributed to the work of the Committee, particularly in respect of harmful tax competition, electronic commerce and goods and services taxation. Modelling Budget Group is responsible for three main tax models: the Price, Revenue Incidence Simulation Model (PRISMOD), the Treasury Wholesale Sales Tax and Excise Revenue Price Model (TWERP) and the Interface model. All three models were developed within Treasury. PRISMOD provides a tool for revenue estimation and general taxation policy research relating to the indirect tax system. During 1998-99, PRISMOD was used extensively to analyse the cost, price and revenue impacts of the Government’s indirect tax reforms. Estimates of these impacts were published in the August 1998 A New Tax System statement, along with details of the PRISMOD modelling approach. The TWERP model calculates sales tax, excise and GST revenues, price effects and CPI impacts. The model has been used extensively to analyse the price and revenue impacts of changes to excise rates and the wine equalisation tax under the Government’s indirect tax reforms. The Interface model provides for real time analysis of the cost and distributional effects of selected taxation and social security changes. The model was used extensively to develop proposals as part of the Government’s tax reform processes. Ministerial Correspondence Budget Group handles some 60 per cent of the Treasury’s Ministerial correspondence. From its establishment in October 1998 until June 1999 the Group completed almost 2,800 replies to correspondence. Legislation and Government Inquiries Treasury has participated in a number of interdepartmental reviews, including the application of the Petroleum Resource Rent Tax to Liquefied Natural Gas projects (which involved consultation with industry representatives); Pooled Development Funds; and the review of the Division 10BA film tax concession. Objectives To develop fiscal policies, including arrangements for the distribution of resources between the Commonwealth and other levels of government, which are consistent with sustainable public finances and macroeconomic objectives; and to administer efficiently the provision of general revenue assistance to other levels of government. Description Within this subprogram, the Budget Policy Division is responsible for advising on Budget policy, with Macroeconomic Policy Division advising on overall fiscal policy and strategy. Commonwealth-State Relations Division is responsible for advice on payments to the States, intergovernmental coordination of public sector borrowing and measures to improve public sector efficiency. Table 6: Financial and Staffing Resources Summary
(a) Other Program Costs relate to general purpose grants made to the States, including safety net arrangements introduced to protect State revenues following a High Court ruling of 5 August 1997. (b) The adjustments comprise the direct payment of State fiscal contributions to the Commonwealth by New South Wales, Victoria and South Australia, and payments to the States under the safety net arrangements (consistent with the ABS classifications, these payments are treated as revenue items). (c) Variations in total outlays are mainly due to the impact of CPI and population growth on indexation arrangements for general revenue assistance. Strategies to achieve this objective include: For 1999-2000 these strategies will be referred to as key products and services. Performance Indicators The quality, timeliness and relevance of fiscal and budget policy advice are key indicators for this subprogram. Assessments of performance against these criteria take into account: The efficiency and effectiveness of arrangements to meet operational requirements, including payments to other levels of government, are measured by feedback from the governments concerned and by internal and external audit. Performance Outcome for 1998-99 Charter of Budget Honesty The Charter of Budget Honesty Act was passed in 1998. It aims to produce better fiscal outcomes through introducing institutional arrangements to increase public scrutiny of fiscal objectives and performance. The Act provides for the clear enunciation of government fiscal objectives, consistent with principles of sound fiscal management contained in the Act, and for regular public reporting of performance against those stated objectives. The Act pays particular attention to improving the information publicly available at election times. The first Pre-Election Economic and Fiscal Outlook (PEFO) report was released in September 1998. The Act also includes formal arrangements for costing of Government and Opposition election commitments. The publication of the PEFO was a major activity within this subprogram during 1998-99. Budget Processes The Final Budget Outcome 1997-98 was published in September 1998, and a comprehensive mid-year review of the 1998-99 Budget estimates was published in December 1998. These The Accrual Budget The 1999-2000 Budget was delivered on 11 May 1999. This was the first Commonwealth budget to be presented in the accrual accounting framework. The implementation of the accrual framework is a substantial advance in public sector budget and financial management and provides a solid platform for future reform. While there remains substantial work to complete the move to accruals, the 1999-2000 Budget represented a major part of that transition. Preparation for the introduction of the accrual framework included the publication of a Treasury information paper entitled Fiscal Policy Under Accrual Budgeting. The accrual-based outcomes and outputs framework has been introduced primarily to enhance public sector resource management. As such, it will complement the macroeconomic management role performed within this subprogram. The adoption of the accrual framework is consistent with the general framework for fiscal transparency provided by the Charter of Budget Honesty Act 1998. Policy Advice on the Fiscal Outlook During 1998-99, advice was provided to the Treasurer and other members of the Government on the 1997-98 outcome, the fiscal outlook and the 1999-2000 Budget strategy and processes. In formulating this advice, Treasury took into account the impact of policy decisions and changes in the economic outlook. Incorporation of the influence of economic and fiscal conditions in the States and Territories was facilitated by liaison with State and Territory officials. Treasury also provided advice to the Treasurer and Assistant Treasurer on taxation and expenditure proposals as part of the budget formulation process. Major Program Reviews During 1998-99, officers of the Budget Policy Division participated in a number of interdepartmental committees reviewing a range of major programs. This included work on the Quadrennial Review of Non-Government School Funding, the development of reforms to improve the private health insurance industry, and the renegotiation of the Commonwealth-State Housing Agreement. Treasury Reform of Commonwealth-State Financial Relations The Commonwealth’s proposal for reforming Commonwealth-State financial relations was the subject of a Special Premiers’ Conference on 13 November 1998, where States and Territories provided their agreement in principle to reform the existing financial arrangements. Further discussions of these reforms led to the signature of an Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations by Heads of Government at the 1999 Premiers’ Conference. The Intergovernmental Agreement outlines the Commonwealth, State and Territory governments’ commitments undertaken as part of the reform of Commonwealth-State financial relations. On 28 May 1999, the Prime Minister announced changes to the tax reform package that required revisions to the Intergovernmental Agreement. Heads of Government signed a revised Intergovernmental Agreement in June 1999. The revised agreement came into effect on 1 July 1999 and includes the following reform measures: As of 1 July 1999, a Ministerial Council comprising Commonwealth, State and Territory Treasurers (or designated representatives) will be responsible for overseeing the operation of the Intergovernmental Agreement. The Ministerial Council will be chaired by the Commonwealth Treasurer and assisted by a GST Administration Subcommittee of officials. Treasury will chair the GST Administration Subcommittee. Premiers’ Conferences Treasury has primary responsibility for the provision of advice on financial arrangements with the States and Territories. Advice was provided to the Treasurer and Prime Minister in the lead-up to the Special Premiers’ Conference held on 13 November 1998 and the 1999 Premiers’ Conference held on 9 April 1999. The advice dealt with the reform of Commonwealth-State financial arrangements, the provision of general revenue assistance to the States and Territories and the coordination of public sector borrowings through the Loan Council. Consistent with the agreement reached at the April 1999 Premiers’ Conference, the Commonwealth will maintain the real per capita indexation arrangements for financial assistance grants in 1999-2000. In addition, the Commonwealth will make National Competition Payments to the States in 1999-2000. In conjunction with special revenue assistance of $13.2 million to the Australian Capital Territory, this will result in general revenue assistance of some $17.7 billion being provided to the States and Territories in 1999-2000. The payment of National Competition Payments, together with the per capita component of the indexation arrangements for financial assistance grants, is conditional on the States and Territories meeting their obligations under the Agreement to Implement the National Competition Policy and Related Reforms. The Loan Council Allocations nominated by the Commonwealth, States and Territories for 1999-2000 were agreed to the Loan Council Meeting held in conjunction with the Premiers' Conference on 9 April 1999. Fiscal Reporting Issues In accordance with the revised Uniform Presentation Framework agreed by the Australian Loan Council in March 1997, for the first time all jurisdictions prepared mid-year budget reports in 1998-99. The primary objective of the Uniform Presentation Framework is to ensure that a common ‘core’ of financial information is provided by Commonwealth, State and Territory governments in their budget papers. In late 1998-99, the Commonwealth, States and Territories began an examination of the implications of the shift to accrual reporting for the Uniform Presentation Framework. Heads of Treasuries Heads of the Commonwealth, State and Territory Treasuries meet regularly to discuss matters of mutual interest, such as economic conditions, fiscal reporting, taxation and financial issues, and preparations for the annual Premiers’ Conference and Loan Council meeting. Heads of Treasuries met eight times over the course of 1998-99, a higher than usual number of meetings because of the negotiations between the Commonwealth and the States on the Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations.
Payments to the States and Territories During 1998-99, general revenue assistance to the States and Territories was paid in accordance with the level and distribution determined at the 1998 Premiers’ Conference and as set down in the States Grants (General Purposes) Act 1994. Arrangements were put in place for the States and Territories to pay State fiscal contributions directly to the Commonwealth or by deduction, either from their general revenue assistance or from Commonwealth funding under the Commonwealth-State Housing Agreement. As far as practicable, payments of general revenue assistance were made in equal weekly instalments. Following the 5 August 1997 High Court ruling which cast into doubt the constitutional validity of all State and Territory business franchise fees, the Commonwealth, at the unanimous request of the States and Territories, announced ‘safety net’ arrangements to protect State and Territory finances. All revenue collected by the Commonwealth under these arrangements (less administrative costs) is returned to the States and Territories as revenue replacement payments. Weekly revenue replacement payments were provided to the States and Territories throughout 1998-99 on the basis of advice from the Australian Taxation Office and the Australian Customs Service on weekly collections under the ‘safety net’ arrangements. Treasury received no adverse feedback from State or Territory Governments on the Department’s administration of these arrangements during the year. All relevant accountability requirements were met.
Treasury provides advice on tax policy issues arising in a Commonwealth-State context. Following the High Court decision in Allders International Pty Ltd v Commissioner of State Revenue (Victoria) (1996) 186 CLR 630 (Allders) invalidating the imposition of State taxes on Commonwealth places, Treasury has introduced Commonwealth taxes to mirror State payroll taxes, Financial Institutions Duty, debits tax and stamp duties on activities on or in Commonwealth places. The Commonwealth will remit mirror tax revenues to the States to ensure they are not financially disadvantaged by the Allders decision. Treasury is developing bilateral agreements with States covering the administrative arrangements for collecting and ensuring compliance with these mirror taxes. Treasury also provides policy advice on the taxation treatment of State and Territory Trading Enterprises. Under the terms of the 1994 Statement of Policy Intent, these enterprises are exempt from income tax and Wholesale Sales Tax. Instead, they are required to make equivalent payments to their owner government through a tax equivalent regime. This ensures revenue neutrality, as owner governments collect and retain the tax equivalents, and competitive neutrality, as these enterprises are subject to the same tax burden as private sector businesses. Under the Intergovernmental Agreement signed in June 1999, Heads of Government agreed to progress reciprocal taxation on a revenue neutral basis through the negotiation of a Reciprocal Taxation Agreement. Reciprocal taxation involves each taxing authority applying its indirect taxes to the activities of the other levels of government within its jurisdiction. Treasury has primary responsibility for progressing the Reciprocal Taxation Agreement for the Commonwealth. Subprogram 1.6 Debt Management Objective To raise, manage and retire Commonwealth debt at the lowest possible long-term cost, consistent with an acceptable degree of risk exposure. Description Debt Management Office within Economic Group was responsible for advising on, designing and implementing programs in relation to borrowings by the Commonwealth and the management of the Commonwealth It was announced in the 1999-2000 Budget that a new specialist agency, the Australian Office of Financial Management, was to be established within the Treasury portfolio as a ‘prescribed’ agency under the Financial Management and Accountability Act 1997, to assume responsibility for the Commonwealth’s existing debt management activities. The Australian Office of Financial Management commenced operations on 1 July 1999. Table 7: Financial and Staffing Resources Summary
(a) Other Program Costs comprise all expenditures made from the Consolidated Revenue Fund, including transactions relating to the servicing of Commonwealth debt. Adjustments comprise receipts offset within outlays, appropriations classified as financing transactions, appropriations from the Loan Fund affecting outlays and trust account transactions affecting outlays. Specific adjustments made include interest receipts from swap counterparties, principal payments to swap counterparties, interest receipts from the States and the Northern Territory and debt repayments made from the Consolidated Revenue Fund. Strategies to achieve the objective of the subprogram, which were reflected in the Office’s Operational Plan, included: Performance Indicators Performance indicators for this subprogram included:
Performance Outcome for 1998-99
Objectives To encourage foreign investment consistent with national interest considerations by Description The Government’s approach to foreign investment policy is to encourage foreign investment consistent with the interests of the community. Overall the general stance of policy is welcoming, in recognition of the contribution that foreign investment has made and continues to make to the development of Australia, providing scope for higher rates of economic activity and employment than could be achieved on the basis of domestic savings. Foreign direct investment also provides access to new technology, management skills and overseas markets. The foreign investment policy provides for government scrutiny of many proposed foreign purchases of Australian businesses and properties. The Government has the power under the Foreign Acquisitions and Takeovers Act 1975 (the Act) to block proposals that are determined to be against the national interest. The Act also provides legislative backing for ensuring compliance with the policy. In the majority of industry sectors, smaller proposals are exempt and larger proposals are approved unless judged contrary to the national interest. Reflecting community concerns, specific restrictions on foreign investment are in force in more sensitive sectors such as the media, telecommunications and aviation. Investment in developed residential real estate is restrictive to ensure that foreign investment improves the supply of residences and is not speculative. The objective is to maintain greater stability of house prices and the affordability of housing for the benefit of Australian residents. The Foreign Investment Policy Division provides executive assistance to the Foreign Investment Review Board (FIRB) which is a non-statutory body established in 1976 to advise the Government on foreign investment proposals. The Division provides secretariat services for the FIRB, prepares reports on foreign investment proposals and is usually the first point of contact for foreign investors. In addition, the Division advises the Government on general foreign investment policy matters, including Australia’s participation in multilateral and bilateral agreements on investment. The FIRB publishes its own annual report which outlines its activities, provides a summary of the year’s foreign investment proposals, comments on the more significant cases and reviews trends in foreign investment in Australia and in Australian investment abroad. Table 8: Financial and Staffing Resources Summary
Strategies Strategies to achieve the foreign investment objectives of the subprogram include: Performance Indicators Performance indicators for this subprogram include: Performance Outcome for 1998-99
Subprogram 1.8 Financial and Currency Objective To develop policies and a framework of legislation that assist in increasing the financial safety, efficiency, competitiveness and stability of Australia’s financial system; to provide advice and implement policies on the taxation and non-taxation issues relating to the age pension and to private savings, including superannuation, and to life and general insurance; and to maintain policies for a currency system that represents an efficient medium of exchange. Description Financial Institutions Division is responsible for advising on matters relating to the structure and functioning of the Australian financial system, including currency matters, and prudential issues relating to deposit-taking institutions, superannuation funds, and life and general insurance companies. The Division also has administrative responsibility for the Royal Australian Mint (the Mint) and participates on the Mint Advisory Board. (Detailed performance reporting on the Mint’s program is provided in the Mint’s Annual Report.) The Retirement and Personal Income Division, including the Retirement and Income Modelling Unit, is responsible for advising on taxation and non-taxation issues relating to retirement incomes, and private savings, including superannuation and age pensions. Table 9: Financial and Staffing Resources Summary
Strategies Strategies to achieve the objectives of the subprogram, which are reflected in the Operational Plans of the Financial Institutions Division and the Retirement and Personal Income Division, include: Performance Indicators Performance indicators for this subprogram include: Performance Outcome for 1998-99
Objective To formulate policy initiatives and advice to portfolio Ministers to facilitate the efficient operation of corporations and the securities and futures markets. Description Since the Treasury restructure, Subprogram 1.9 Business Law consists of two divisions: Corporate Governance and Accounting Policy Division which is responsible for advising on policy initiatives to facilitate the efficient operation of corporations, and Financial Markets Division which has similar responsibilities for the securities and futures markets. Both divisions work closely together and share responsibility for the operation of the Corporations Law and other business laws. Table 10: Financial and Staffing Resources Summary
Strategies Strategies to achieve the objectives of the subprogram include: Performance Indicators Performance indicators for this subprogram include: Performance Outcome for 1998-99 Corporate Law Economic Reform Program (CLERP) The Corporate Law Economic Reform Program, which commenced in March 1997, made further progress in 1998-99. The Program aims to deliver a corporate regulatory regime which takes full account of the Government’s economic objectives, fostering investment, employment and wealth creation by facilitating investment and capital formation, protecting investors and maintaining confidence in the business environment. The Government continued to be assisted by the Business Regulation Advisory Group, which comprises nine senior members of the business community. Financial Markets Division provided secretarial support to the Group. The Program was a major focus of the subprogram’s work in 1998-99. Corporate Law Economic Reform Program Bill 1998 The Corporate Law Economic Reform Program Bill 1998 (‘the CLERP Bill’) was introduced into Parliament on 3 December 1998 and covers arrangements for fundraising, takeovers, the setting of Australian accounting standards, and directors’ duties and corporate governance. CLERP 6 Financial Markets Division released a consultation paper entitled Financial Products, Service Providers and Markets An Integrated Framework in March 1999. The consultation paper provides further detail on the implementation of ‘CLERP 6’. Since the release of the paper the Division has undertaken extensive consultation through public seminars and meetings of industry representatives with the Minister and Treasury officials. The Division has considered the many submissions received from the public on the CLERP 6 consultation paper and is developing options to address the various issues raised. It is proposed to release draft legislation for public consultation later in 1999. CLERP 7 A new phase of the Corporate Law Economic Reform Program was announced by the Treasurer on 17 September 1998. ‘CLERP 7’ will focus on reducing the paper compliance burden of Australian companies and enabling the Australian Securities and Investments Commission to make greater use of communications technology. Reforms to be introduced under CLERP 7 include a ‘no change, no lodgement’ policy under which companies and registered schemes will not need to lodge an annual return when there has been no change in the information held by the Commission, and a review of fees set under the Corporations Law with the objective of reducing fees paid by small business and reducing the complexity of fee arrangements. A consultation document on the proposed changes is planned for release in the second half of 1999 so that detailed proposals can be developed in full consultation with the business and investor community. Financial System Reform Corporate Governance and Accounting Policy Division played an important role in implementation of the second stage of the Government Company Law Review Act 1998 The Company Law Review Act 1998 and associated regulations, and the Corporations Legislation Amendment Act 1998 commenced operation in July 1998. The Company Law Review Act simplifies the procedures for setting up a company and improves the law concerning meetings, share capital, financial reporting, annual returns and deregistering defunct companies. Following the passage of the Company Law Review Act, the Treasurer asked the Parliamentary Joint Committee on Corporations and Securities to examine several matters arising from the passage of the Bill. The Committee’s inquiry was delayed by the 1998 Federal election, but it is expected to report to the Treasurer on the matters referred, later in 1999. MINCO The subprogram continued to provide advice on business law matters to the Ministerial Council for Corporations (MINCO). The Financial Markets Division provides secretarial support to MINCO. Cheques and Payment Orders Act 1986 In consultation with interested parties, the Financial Markets Division prepared the Cheques and Payment Orders Amendment Act 1998, to amend the Cheques and Payment Orders Act 1986 to: The Cheques and Payment Orders Amendment Act 1998 commenced operation on 1 December 1998. The Division also prepared the Cheques and Payment Orders Amendment (Turnback of Cheques) Act 1998, to amend the Cheques and Payment Orders Act to deem unsettled cheques drawn on a failed financial institution to be dishonoured. The legislation commenced operation in July 1998. Review of the Bills of Exchange Act 1909 Following the commencement of the review of the Bills of Exchange Act 1909 as part of the Commonwealth Legislative Review Program, submissions have been obtained from interested parties. On the basis of these submissions a discussion paper is to be released in the second half of 1999. The discussion paper will propose reforms to facilitate the electronic transfer of negotiable instruments under the Act and be followed by release of draft legislation for public comment. Corporate Governance The Corporate Governance and Accounting Policy Division contributed to the development of the OECD’s ‘Principles of Corporate Governance’, a set of non-binding concepts providing guidance for stock exchanges, investors, corporations and others involved in the process of developing good corporate governance. The Division has also actively contributed to corporate governance work within APEC. Business Law Dialogue with New Zealand Australian and New Zealand Business Law officials continued to consolidate the bilateral business law relationship. Officials met during the reporting period for the purpose of exchanging views on business law developments, to identify issues of a trans-Tasman nature and to consider whether harmonisation may provide benefits. Accounting Standard Setting Arrangements During the year arrangements were finalised for the establishment, on an informal basis pending enactment of the CLERP Bill, of the Financial Reporting Council (FRC) that will oversee the revised accounting standard setting arrangements. The appointments to the FRC will be formalised when the CLERP Bill is enacted. Establishment of the FRC prior to the enactment of the CLERP Bill will enable the Council and its members to be actively involved in, and provide advice on, issues associated with setting up the new standard-setting arrangements. Audit Review Working Party MINCO has accepted the broad thrust of the recommendations contained in the report of the Working Party established to review the requirements for the registration and regulation of company auditors. The Working Party recommended that the registration and supervision of company auditors should be performed by the professional accounting bodies and that educational and practical experience requirements for registration should be revised. The Working Party also made a number of recommendations designed to ensure the independence of company auditors and proposed changes to the existing disciplinary arrangements. Drafting instructions for legislative amendments to give effect to the recommendations approved by MINCO have been prepared and circulated to interested parties, including the Australian Securities and Investments Commission and the professional accounting bodies, for comment. International lnsolvency The Corporate Governance and Accounting Policy Division assisted the Prime Minister’s Task Force on International Financial Reform in making recommendations to the Prime Minister on how Australia could best contribute to the reform and strengthening of the international financial system, in particular through a paper outlining the possible development of an international model law on insolvency. The Prime Minister’s Task Force has recommended that Australia seek to have the United Nations Commission on International Trade Law (UNCITRAL) consider the development of model legislative provisions on corporate insolvency to foster and encourage the adoption of effective national corporate insolvency regimes. Following strong support by Australia, a working group of UNCITRAL has been established to examine the proposal and the methodology that may be used in any future work. Transparency Report The subprogram contributed to the consideration of transparency issues relating to the private sector and financial sector supervision in respect of Australia’s transparency report Making Transparency Transparent: An Australian Assessment, published in March 1999. Treasury prepared the Report following a recommendation of the Task Force on International Financial Reform in response to a recommendation of the G22 in the context of issues relating to the stability of the international financial system (see page Subprogram 1.10 Consumer Affairs Objective To support and advance consumer and business interests in a well-functioning marketplace. Description The Consumer Affairs Division is responsible for advising the Minister for Financial Services & Regulation, the Hon Joe Hockey, MP on consumer policy and initiatives to promote safe, fair and well-functioning markets, including the operation of the consumer protection, unconscionable conduct and fair trading codes provisions of the Trade Practices Act 1974. Table 11: Financial and Staffing Resources Summary
Note: The 1998-99 Budget and Actual Staff Years figures refer to the period from Consumer Affairs Division’s transfer to Treasury in October 1998 to the end of the 1998-99 financial year, consistent with the financial figures. Strategies Strategies to achieve the stated objective of the subprogram include: Performance Indicators Performance indicators for the subprogram include: Performance Outcome for 1998-99 A Safer Market Advice and briefing were provided to the Minister on the administration of the Trade Practices Act in relation to consumer products and a range of product safety issues. In particular, the Division advised on the safety evaluation and subsequent recall of Pyrokor fire doors, as ordered by the Minister on 9 June 1999. A major review of product safety arrangements in Australia was initiated. The review will provide the Minister with options for improving the effectiveness of product safety in Australia. The Division maintained a proactive role in educating consumers, particularly in relation to the safety of consumer products for the vulnerable age groups of babies and children. A consumer guide, Safe Toys for Kids, was developed in consultation with the industry, child safety specialists and consumer affairs authorities for supply to appropriate sectors of the community. The Division contributed to proposals to develop a national injury surveillance system and the National Coroners’ Information System. The national injury surveillance system will be based on an enhanced collection of data on product related injuries requiring medical treatment, while the National Coroners’ Information System will collect relevant data on deaths caused by or associated with consumer products. As part of the International Year of Older Persons, the Monash University Accident Research Centre was commissioned to undertake studies into consumer product-related injuries to older Australians. The research will be used to develop an injury prevention strategy for older Australians. Under an ongoing program for the review of consumer product regulation, reviews were completed of consumer product information standards for cosmetics and for care labelling of clothing and textiles. A review of the consumer product safety standard for portable fire extinguishers was also completed. These mandatory standards were updated to incorporate recent amendments to the Australian Standards on which they are based. An amendment was made to the consumer product safety standard for vehicle child restraints, which facilitated compliance of replacement fittings with the required standard. Reviews were also commenced of standards for pedal cycles and helmets for pedal cyclists. The Division worked closely with the Infant and Nursery Products Association of Australia, an industry group recently established to promote industry safety standards for nursery furniture. Self-Regulation and Electronic Commerce (A Fairer Market) In line with the Government’s commitment to industry self-regulation, the Division has been involved in the development or review of industry codes of conduct in relation to direct marketing, the mortgage industry, the private health sector and the financial sector. In June 1999, the Division commenced work on a Model Code of Conduct for electronic commerce, in consultation with industry, consumer groups and relevant government agencies. The Division has also provided general advice on best practice industry self-regulation on request. In July 1998, an Exposure Draft Guideline was released for public comment on how the Government proposed to use the new regulatory option of prescribed (enforceable) industry codes, which came into operation under Part IVB of the Trade Practices Act. The Exposure Draft Guideline was widely distributed in business, legal and consumer circles. In May 1999, the final Guideline was issued, indicating that the Government maintained its commitment to industry self-regulation and would only use the option of prescribed codes where a self-regulatory approach had demonstrably failed to address serious instances of market failure. Advice was provided to the Office of Government Online to ensure that consumer protection under the Trade Practices Act 1974 would not be significantly compromised by the Year 2000 Information Disclosure Act 1999 (the ‘Good Samaritan’ legislation). The Good Samaritan legislation provides protection from civil action for certain public statements about problems and remediation efforts in relation to the Year 2000 (Y2K) computer bug. The Division made a comprehensive submission to the review of the General Insurance Code of Conduct, suggesting improved consumer protection mechanisms and enhanced redress opportunities. The Division advised the Minister on exercising the power to direct the ACCC under section 29 of the Trade Practices Act, to fulfil a Government commitment to require the ACCC to take court action to establish legal precedent under the new section 51AC of the Act (Unconscionable Conduct in Business Transactions). The direction was gazetted in September 1998. In June 1999, the report of the Consumer Redress Study was released. The study, which examined a sample of small claims courts/tribunals and industry-based customer dispute resolution schemes, focussed on consumer perceptions and operational aspects of these schemes. The report includes recommendations for improving consumer redress. The Division advised the Minister for Financial Services & Regulation on developing a policy framework for consumer protection in electronic commerce, which resulted in the release of a comprehensive Exposure Draft Policy Framework in May 1999. The Exposure Draft was widely distributed to consumer and industry groups for comment. In May 1999, a series of factsheets was released, addressing some of the concerns inhibiting the takeup of electronic commerce by consumers. The factsheets were jointly produced by the Division and the National Office for the Information Economy. The factsheets are available online and, in addition, thousands of copies were sent to State and Territory consumer agencies and community groups to facilitate distribution. The factsheets provide information about avoiding online ‘scams’, credit card payment over the internet, sales tax and duties applying to internet purchases, privacy, and avenues of redress for unsatisfactory online purchases. The Division is represented on the OECD Committee on Consumer Policy and continued to be an active contributor to this Committee’s development of guidelines for consumer protection in electronic commerce. The Division has undertaken extensive consultation with industry bodies, consumer groups and government departments on successive drafts of the guidelines, and was represented at the Ministerial (OECD) Conference on Electronic Commerce in Ottawa in October 1998. An Informed Market 1998-99 was the first year of a three-year consumer education program by the Division targeted particularly to disadvantaged consumers. The Division also continued its administrative role in relation to identifying potential consumer representatives and its role of coordinating Australia’s consumer policy position on international issues. Key achievements of the consumer education program included: The Division was lead agency in the production of a highly successful publication, Keeping Baby Safe, for the Ministerial Council on Consumer Affairs (MCCA), through its Nursery Furniture Injury Prevention Program. Nearly 300,000 copies of this booklet were distributed during the year. In addition, MCCA hosted another successful National Consumer Day in October 1998, focusing on the theme ‘Customers are Your Business’ and launching a booklet for business entitled Customer Service Guidelines. Following the October 1998 Federal Election, the Minister for Financial Services & Regulation, the Hon Joe Hockey, who is also responsible for consumer affairs, decided on a new approach to selecting consumer representatives. The new approach does not include national press advertising for nominations, as occurred before. Individuals may now apply, through the Minister’s office, to have their names included on a register of possible consumer representatives maintained by the Division. During the year the Division has continued negotiations with the European Commission on the development of an administrative agreement to share information between Australia and the European Commission on consumer policy and protection. It is envisaged that this agreement will be signed in the second half of 1999. The Division was responsible for consultation in Australia on proposals to amend the United Nations Guidelines for Consumer Protection to incorporate sustainable consumption amendments. Following extensive consultation in February/March 1999, the Division provided advice on the amendments to the Minister for the Environment and Heritage, Senator the Hon Robert Hill. At the April 1999 meeting of the United Nations Commission for Sustainable Development, the Commission agreed to put the amendments forward to the General Assembly for adoption. Consumer Protection Legislation The Division made significant progress in its regulatory reform activities. In the area of product safety, an Internet site to provide information on voluntary recalls was launched in August 1998, and in subsequent months substantial functional enhancements have been made to the site. The web-site (which can be found at http://recalls.consumer.gov.au) was developed to provide consumers with relevant information about recalls and to facilitate information exchange between regulators. The provision of ready access to recall information enabled further negotiation with agencies to improve regulatory efficiency. The site helps ensure the community is adequately protected when unsafe goods are recalled. In line with the commitment of the Government to promoting legislative uniformity within Australia’s federal system, the Division commenced discussions with other jurisdictions on removing some of the inconsistencies, gaps and overlaps which the Division had identified in its two earlier Reports on Australian consumer protection laws. The Commonwealth Consumer Affairs Advisory Council The Council was established by the Minister for Financial Services & Regulation in May 1999, to advise him on current and emerging issues impacting on consumers. This Council replaced the former consumer advisory body (the National Advisory Council on Consumer Affairs) which ceased operations on 31 December 1998. Key 1998-99 outputs for the outgoing Council included a submission to the Productivity Commission’s Inquiry into Australia’s Gambling Industries and a response to the Blair Committee Review Report on Food Regulation in Australia. The Commonwealth Financial Counselling Program During 1998-99, many low income and disadvantaged consumers who were experiencing serious financial difficulties, were able to access and receive timely assistance from accredited financial counsellors under the Commonwealth Financial Counselling Program. Under this program, funds are provided to community-based organisations to deliver crisis financial counselling. Key program outcomes included: Ministerial Council on Consumer Affairs The Division provided comprehensive secretariat support services to the Ministerial Council on Consumer Affairs and its advisory committees during 1998-99. The Council, which comprises Commonwealth, State/Territory and New Zealand Ministers responsible for consumer and fair trading matters, develops agreed policies and initiatives on consumer affairs and fair trading issues of strategic national significance. Key outcomes for the year for Council included:
Customer Service Charter
The Consumer Affairs Division’s Customer Service Charter, first released in December 1997, informs people having contact with the Division of the service they can expect to receive. The Charter specifies general service standards, as well as standards against specific functions, such as the management of product safety recalls. During 1998-99, the Charter was reviewed after its first year of operation, in consultation with staff and a representative sample of customers. The next edition of the Charter will reflect the changed nature of some operations within the Division. Compliance with the nine service and functional standards during the year was very high, averaging 98 per cent across all standards. Subprogram 1.11 Corporate Direction and Support Objective To provide strategic direction and support for the Department and to coordinate the provision of policy advice, support and management of Departmental resources. Description The Department’s Executive Table 12: Financial and Staffing Resources Summary
Strategies Strategies to achieve the objectives of the subprogram include: Performance Indicators As the Executive are the peak decision makers within the Treasury, the overall perception of Treasury portfolio Ministers of the quality of Treasury advice and administration is a relevant performance indicator. More specifically, indicators include: Performance Outcome for 1998-99
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