OTHER ANNUAL REPORTS

REPORT ON THE ANNUAL REPORTS OF THE AUSTRALIAN SECURITIES COMMISSION
AND OTHER BODIES: 1994-1995
Table of Contents

OTHER ANNUAL REPORTS

1.31 In addition to the ASC, the Act requires a number of other administrative bodies to report to the Parliament. These bodies include the Companies and Securities Advisory Committee (CASAC), the Corporations and Securities Panel (the Panel), the Companies Auditors and Liquidators Disciplinary Board, and the Australian Accounting Standards Board (AASB).

1.32 The Committee has also examined the annual reports of these bodies. These reports do not raise issues requiring the urgent attention of the Parliament. However, there are operational matters contained in the reports to which attention should be drawn.

 

Companies and Securities Advisory Committee

1.33 The CASAC annual report sets out the major activities pursued during the year, including the publication of several background research papers, and, in particular, the publication of a major paper on derivatives: Law of Derivatives: An International Comparison.

1.34 CASAC also referred to this report at the Committee's hearing and adverted to the regulatory difficulties posed by international trading in derivatives:

1.35 In addition to preparing a number of discussion papers and reports, CASAC reviewed the Exposure Draft of the First Corporate Law Simplification Bill and worked on compulsory acquisitions.

 

Australian Accounting Standards Board

1.36 Under the Corporations Law, an auditor is required to send to the AASB a copy of the auditor's report where it is qualified in relation to compliance with applicable accounting standards. The AASB refers all notified instances of non-compliance to the ASC, which has ultimate responsibility in this area.

1.37 The AASB annual report notes that, from the disproportionate number of non-compliances being reported by two of the six largest accounting firms, many instances of non-compliance with accounting standards are not being notified to it, as required by the Corporations Law. The report goes on to observe that:

 

Companies Auditors and Liquidators Disciplinary Board

1.38 The Disciplinary Board, by law, may only consider applications or complaints referred to it by the ASC. During 1994-95, 25 applications were lodged with the Board compared to 10 in the previous year. Paragraph 1.13 above refers to some of the outcomes during the year of the activities of the Disciplinary Board.

1.39 However, in its 1994-95 report, the Disciplinary Board reiterates some comments concerning its role and its relationship with the ASC:

1.40 As noted in paragraph 1.14 above, the Committee would appreciate the ASC's response to these observations.

 

Corporations and Securities Panel

1.41 As with the Disciplinary Board, the Corporations and Securities Panel considers applications from the ASC. The Panel's role is to determine whether there has been an unacceptable acquisition of shares, or unacceptable conduct in relation to shares or the affairs of a company.

1.42 The Panel notes that it received no applications from the ASC in 1994-95. [21]

Senator Grant Chapman

Chairman

 

Footnotes

[18] Corporations and Securities Committee, Committee Hansard, 30 March 1995, p 27.

[19] Australian Accounting Standards Board, Annual Report 1994-95, AGPS (Melbourne) p 4.

[20] Companies Auditors and Liquidators Disciplinary Board, Annual report for the year ended 30 June 1995, AGPS, (Canberra) pp 8-9.

[21] Corporations and Securities Panel, Annual Report 1994-95, (Sydney) p 4.