Australian Finance Conference (AFC) and Australian Equipment Lessors Association (AELA)

Transcription

1 Australian Finance Conference (AFC) and Australian Equipment Lessors Association (AELA) Objective of the proposed changes 1. Is the objective appropriate? to develop a regulatory framework that supports the delivery of high standards of safety in an efficient, equitable and consistent manner across mining, petroleum and MHFs. In addition, the regulatory structure seeks to improve: health and safety outcomes while balancing regulatory burden; and consistency between the industries and with the Commonwealth while recognising sectorspecific risks and approaches to risk management. Yes. We support in particular the second objective of consistency between industries and the Commonwealth. We suggest that this also refer to consistency with other Australian States and Territories because not all jurisdictions have adopted the mode Work Health and Safety legislation. 2. Are there any other objectives that should be considered in assessing the options? The objectives of the Bill should include ensuring that responsibility for workplace health and safety matters is allocated appropriately to those in a position to influence, manage and control the workplace health and safety outcomes. Where a financier is the owner or supplier of a financed asset, funds are usually provided directly to the vendor of the goods after being selected by the customer. The asset does not normally come into the financier s possession and once the customer acquires the goods the financier does not control its use or maintenance, with the result that it has little or no opportunity to influence plant safety, work practices or WHS outcomes in general. We support the inclusion of the passive financier provisions in Section 6 of the Bill. Preliminary assessment of costs and benefits 3. In general, do you support the proposed WHS (Resources) Bill? (yes or no and reasons or concerns) Yes because it will contribute to legislative consistency for all WHS matters. 4. Thinking about the whole package of changes, will they lead to any changes in health and safety at your workplace? Overall, the changes will lead to an improvement in health and safety Overall, there will be negligible or no change in health and safety Overall, there will be a reduction in health and safety If so, how much and in what way Page 1 of 6

2 5. Thinking about the whole package, will the changes provide other benefits, such as more efficient work or easier worker transferability? Yes If so, how much and in what way(s) 6. Do you believe there will be additional compliance or other costs for you / your business because of additional or new requirements in the whole package of changes? Yes If so, how much and in what way(s) 7. Will the additional or new requirements in all the changes have any market or competition impacts on your business? Yes If so, how much and in what way(s) 8. Do you have concerns with particular provisions that are not included in the 21 key changes identified by DMP? if so what are they? Change - please refer to the section number and title of the provision in the indicative version of the Bill Concern 9. Are there particular changes (either from the 21 listed in section 4 of the Consultation RIS or other changes you have identified), you feel strongly about - either support or oppose? Please explain the reason and describe the change in costs and/or other changes that are likely to arise. Points to consider - Oppose Are there particular reforms that: contradict the reform objective? do not deliver an overall benefit to Australia? disadvantage some groups? reduce safety? increase compliance costs? Support Are there particular reforms that: achieve the reform objective? deliver an overall benefit to Australia? share benefits broadly? increase safety? reduce compliance costs for industry? Page 2 of 6

3 Strongly support Change 1 The provisions in Sections 6(3), (4) and (5) which exclude certain activities from the meaning of supply *Please add additional lines as required Strongly oppose Change *Please add additional lines as required Reason The passive financier exclusions in Section 6 will assist in ensuring that responsibility for WHS outcomes is appropriately allocated. Reason Timing for commencement and transitional provisions When laws and regulations are changed, the arrangements and timings for introducing and enforcing the new laws are often referred to as transitional provisions. The transitional provisions used can have a significant impact on the changeover costs for both Government and businesses. As set out in the Consultation RIS, the transitional provisions will be developed in consultation with the Ministerial Advisory Panel as well as NOPSEMA and WorkSafe WA. However, stakeholder input is welcome on whether particular changes should be implemented quickly or slowly. 10. Can you identify three changes where a delayed or gradual transition would provide the greatest benefit? 1st change 2nd change 3rd change 11. What do you think would be the most effective way to reduce these implementation costs for these changes or provide the greatest benefit? 1st Change 2nd Change 3rd Change Rapid implementation (e.g. on commencement) Page 3 of 6

4 Delay implementation 1 year Delay implementation 2 years Delay implementation by more than 2 years 'Staggered start' (such as shortterm exemptions for some industries or smaller businesses) Recognition and accreditation of prior experience and learnings Preparation of additional guidance or codes of practice prior to implementation Other (please specify) Page 4 of 6

5 AFC MEMBER COMPANIES AlliedCredit American Express ANZ t/as Esanda Auswide Bank (formerly WideBay) AxsessToday Automotive Financial Services Bank of Melbourne Bank of Queensland BMW Australia Finance Branded Financial Services Capital Finance Australia Caterpillar Financial Australia Classic Funding Group CNH Industrial Commonwealth Bank of Australia Credit Corp Group De Lage Landen Dun & Bradstreet Experian Asia Pacific Eclipx Group FlexFleet FlexiGroup GE Capital Genworth HP Financial Services HSBC Bank Iden Leasing Services Indigenous Business Australia International Acceptance John Deere Financial Kubota Australia Finance Komatsu Corporate Finance Leasewise Australia Liberty Financial Lombard Finance Macquarie Equipment Rentals Macquarie Leasing Max Recovery Australia ME Bank Mercedes-Benz Financial Services MetroFinance Nissan Financial Services Once Australia t/as My Buy PACCAR Financial Pepper Australia Pty Ltd Qantas Credit Union RABO Equipment Finance RAC Finance RACV Finance Ricoh Finance Service Finance Corporation Sharp Finance SME Commercial Finance St. George Bank Suttons Motors Suncorp SunPower Team Leasing TL Rentals Thorn Group/Radio Rentals Toyota Financial Services Veda Volkswagen Financial Services Volvo Finance Westlawn Finance Westpac Wex Australia Wingate Consumer Finance Yamaha Finance Professional Associate Members: CHP Consulting Clayton Utz Dibbs Barker Henry Davis York NetSol Technologies White Clarke August 2015 Page 5 of 6

6 AELA MEMBER COMPANIES 255 Finance John Deere Financial Alleasing Group Kemp Strang ANZ Asset Finance King & Wood Mallesons Ashurst Australia Komatsu Corporate Finance Australian Structured Finance KPMG Bendigo Bank Leasing Division Macpherson + Kelley Lawyers BMW Australia Macquarie Leasing BOQ Finance (Aust) Marubeni Finance (Oceania) Bynx Australia Mercedes-Benz Financial Services Canon Finance Australia National Australia Bank Caterpillar Financial Australia NetSol Technologies CHP Consulting rton Rose Fulbright Australia Cisco Systems Capital (Australia) PACCAR Financial Classic Funding Group Pepper Australia Clayton Utz Realtime Computing CNH Industrial Capital Australia Ricoh Finance Colin Biggers & Paisley Service Finance Commercial Asset Finance Brokers SG Equipment Finance Assoc. Commonwealth Bank of Australia Sharp Finance De Lage Landen Sandvik Credit DibbsBarker Sofico Services Australia FlexiGroup St. George Bank Fuji Xerox (Finance) Australia Suncorp GE Capital SunGard Asia Pacific Henry Davis York Thorn/RR Australia Herbert Smith Freehills Toyota Finance Australia Holman Webb Lawyers Traction Group HP Financial Services Volvo Finance IBM Global Financing Westpac Insyston White Clarke Asia Pacific International Decision Systems Xeberg Page 6 of 6