Corner - GAAP Consulting

Page created by Cathy Shaw
 
CONTINUE READING
Corner - GAAP Consulting
GAAPALERT
Authors: Colin Parker, Sonya Sinclair, Stephen Newman and Carmen Ridley
                                                                                                           advice   •

                                                                                                         # 8 /2 0 1 7
                                                                                                                        training   •
                                                                                                                                       Consulting
                                                                                                                                       risk management   •

                                                                                                                                         31 AUG U ST 2 0 1 7
                                                                                                                                                             information

                  Uncertain tax positions have far-reaching                          INSIDE THIS ISSUE
                  implications
                                                                                     Financial reporting
                  It might be unclear as to how tax law applies to a particular
                  transaction or circumstance. The acceptability of a particular     • ASIC notes corporate re-statements
                  tax treatment under law might not be known until a taxation        • Interpretation 23 Uncertainty over Income Tax
                  authority or a court takes a decision some time later.               Treatments
                  A dispute or examination of a particular tax treatment by          • Recently approved AASBs
COLIN’S           an authority may affect an entity’s accounting for a current       • Get a map that works – IFRS SYSTEM
                  or deferred tax asset or liability. AASB interpretation
      CORNER

                  23 Uncertainty over Income Tax Treatments addresses these
                  circumstances with far-reaching implications that will             ASX
                  significantly affect many entities.                                • Continuous-disclosure publication released
                  Interpretation 23 incorporates interpretation 23 Uncertainty
                  over Income Tax Treatments of the international financial-         Governance
                  reporting interpretations committee and issued by IASB.
                                                                                     • AUSTRAC seeks civil-penalty orders against CBA
                  Interpretation 23 clarifies how to apply the recognition and       • APRA probes CBA
                  measurement requirements in AASB 112 Incomes Taxes
                  when there is uncertainty over income-tax treatments. In
                  such a circumstance, an entity must recognise and measure          Regulators
                  its current or deferred tax asset or liability, applying the       • ASIC reports on corporate-finance regulation and
                  requirements in AASB 112 based on taxable profit (or loss),          enforcement
                  tax bases, unused tax losses, unused tax credits and tax rates
                                                                                     • ASIC says prospectuses need to improve
                  determined in applying Interpretation 23.
                                                                                     • APRA aims to lift ‘operational governance’
                  An ‘uncertain tax treatment’ is a tax treatment for which
                                                                                     • APRA releases proposed implementation on
                  there is uncertainty over whether the relevant taxation
                  authority will accept the treatment under law.                       counterparty credit risk
                                                                                     • ACNC update
                  Interpretation 23 specifies that an entity must:
                  • Identify uncertain tax treatment(s)
                                                                                     ASF licensees
                  • Determine whether treatments should be assessed                  • PI insurance meets regulatory requirements
                    separately or together based on an approach that better
                    predicts the resolution of the uncertainty
                                                                                     Fraud
                  • Assume that a taxation authority will examine amounts
                                                                                     • ASIC bans Tasmanian adviser after fraud conviction
                    it has a right to examine and have full knowledge of all
                    related information when making those examinations               • Other fraud cases

                  • Conclude whether it is probable or not that the taxation
                    authority will accept an uncertain tax treatment                 Audit
                                                                                     • Three SMSF auditors disqualified
                  • Where it is not probable that the taxation authority will
                    accept an uncertain treatment, the effect of uncertainty         • Enhancing professional scepticism
                    must be reflected in determining the related taxable profit      • PCAOB releases brief on auditors
                    (or loss), tax bases, unused tax losses, unused tax credits or   • Improved UK auditing
                    tax rates by either the most likely amount or the expected
                    value. The choice of method depends on which method
                    the entity expects to better predict the resolution of the       Inside GAAP Consulting
                    uncertainty                                                      • What we’ve been up to
                  • Reassess a judgement or estimate if the facts and                • Let GAAP Consulting unravel your AASB 15 contracts
                    circumstances change or as a result of new information           • NFP Risks and Compliance newsletter
                    that affects the judgement or estimate, and
                                                                                     • Face-to face training on AASBs 15, 9 and 16
                  • Apply the interpretation’s transitional provisions.              • Registrations open for our November – December
                                                                                       GAAPinars

                                                                                                                                                             PA GE 1
Corner - GAAP Consulting
GAAP ALERT                                                                                                                    # 8 /2 0 1 7 3 1 A U G U ST 2 0 1 7

Interpretation 23 applies for annual reporting       • Entities will need to consider the tax               Directors and CFO’s should also be mindful
periods beginning on or after 1 January 2019.          office’s public guidance as to what it is            of the AASB Invitation to Comment Draft
                                                       likely to dispute and its success in disputed        Appendix to the Tax Transparency Code. The
Implications include:
                                                       matters in determining the likely resolution         Board of Tax requested that the AASB
• Directors will have to assess continually the                                                             develop guidance to assist businesses meet the
                                                     • Listed companies will also need to ensure
  aggressiveness of tax positions taken                                                                     TTC recommendations for the suggested tax
                                                       that they appropriately disclose uncertain
                                                                                                            reconciliation and calculation of the TTC
• The probability threshold for deferred tax           and disputed tax positions under their
                                                                                                            ETR.
  liabilities will be applied at an earlier point      continuous-disclosure obligations, and
  and could result in more tax liabilities being                                                            Entities would be well advised to begin
                                                     • Consideration of ‘issued but not yet
  recognised                                                                                                considering the interpretation’s implications as
                                                       operative accounting standards and
                                                                                                            well as forthcoming Tax Transparency Code.
                                                       interpretations’ as well as the disclosures of
                                                       accounting estimates and judgements, and
                                                       contingencies.

Financial reporting
ASIC notes corporate restatements                    The GAAP Consulting team shared ASIC                   Get a map that works – IFRS
                                                     targets and findings and several financial-            SYSTEM
The Australian Securities and Investments
                                                     reporting, ethical and auditing considerations
Commission has noted a decision by AusTex                                                                   While model and illustrative financial
                                                     in a Special GAAP Report Financial reporting
Oil Limited (AusTex) to make a US$6.17                                                                      statements can be very helpful, they are like a
                                                     and audit considerations for 30 June 2017. Missed
million impairment charge against oil and gas                                                               map that shows only the destination. Rarely
                                                     it? Contact Colin or visit
assets in its financial report for the half-year                                                            do they include guidance on how to get
                                                     www.gaap.com.au.
ended 30 June.                                                                                              there.
                                                     Interpretation 23 Uncertainty over
The commission had raised concerns about                                                                    IFRS SYSTEM’s Construction of Financial
                                                     Income Tax Treatments
the value of oil and gas assets in AusTex’s                                                                 Statements changes all that. Click on the
financial report for the year ended 31               The AASB has issued interpretation 23                  link http://files.ifrssystem.com/PFS/
December.                                            Uncertainty over Income Tax Treatments, which          ConstructionOfFinancialStatements.pdf to
                                                     will be effective from 1 January 2019. See             download the booklet.
ASIC has also noted an announcement by
                                                     Colin’s corner Uncertain tax positions have far-
Webjet Limited (Webjet) to reduce revenue
                                                     reaching implications.
by $11.9 million for the year ended 30 June
over a contract with Thomas Cook. The
commission was concerned about Webjet’s              Recently approved AASBs
recognition of revenue. Its inquiries followed
                                                     The AASB has recently approved the following standards, exposure drafts and other documents:
the company’s announcement of 28 July
about its accounting treatment for the contract      Date approved     Standard                                                               Effective date
and its dispute with the auditors. Auditors          14 July           AASB 1059 Service Concession Arrangements: Grantors                    1 January 2019
have won with ASIC assistance.
                                                     19 July           AASB 17 Insurance Contracts                                            1 January 2021
As outlined in ASIC media release 17-162MR
                                                     19 July           AASB 2017-3 Amendments to Australian Accounting Standards –            1 January 2018
ASIC calls on preparers to focus on the quality of                     Clarifications to AASB 4
the financial report information, impairment and
                                                     31 July           AASB Interpretation 23 Uncertainty over Income Tax Treatments          1 January 2019
revenue-recognition remaining a focus of its
surveillances.                                       31 July           AASB 2017-4 Amendments to Australian Accounting Standards –            1 January 2019
                                                                       Uncertainty over Income Tax Treatments

ASX
Continuous-disclosure publication                    Australia’s system of fair, open and efficient         While the compliance requirements are
released                                             capital markets. It is essential to ensuring that      by definition very serious, they need not
                                                     markets are fully and equally informed.                hamstring an entity’s operations. This
The Governance Institute of Australia has                                                                   publication is essential reading for companies’
released Continuous Disclosure: listed and           There are also obligations that apply to certain
                                                                                                            officers, directors, senior executives and
other disclosing entities, an invaluable guide to    non-listed entities, and it’s important to know
                                                                                                            auditors.
the essentials of continuous disclosure and          how and when these apply.
particularly what it involves in practice.                                                                  They are, after all, the people whose
                                                     The regime has been amended many times
                                                                                                            knowledge, actions and decisions are vitally
Listed entities have been obliged to disclose        in recent years. Increasingly high standards of
                                                                                                            important to ensuring compliance.
information to the market for many years.            disclosure are demanded by the Corporations
Continuous disclosure is a cornerstone of            Act 2001, particularly according to their
                                                     interpretations in several court cases.

                                                                                                                                                        PA GE 2
GAAP ALERT                                                                                                            # 8 /2 0 1 7 3 1 A U G U ST 2 0 1 7

Governance
AUSTRAC seeks civil-penalty orders                 AUSTRAC alleges that the bank failed to             APRA chairman Wayne Byres said the
against CBA                                        report suspicious matters either on time or at      decision to inquire followed several issues
                                                   all involving transactions totaling more than       that had raised concerns about the group’s
AUSTRAC, Australia’s financial intelligence        $77 million.                                        governance, culture and accountability and
and regulatory agency, has initiated civil                                                             the damage caused to the bank’s reputation
proceedings in the Federal Court against the       Even after CBA had become aware of
                                                                                                       and public standing.
Commonwealth Bank of Australia (CBA) for           suspected money laundering or structuring
serious and systemic non-compliance with the       on CBA accounts, it did not monitor its             Mr Byres said: ‘The overarching goal of the
Anti-Money Laundering and Counter-Terrorism        customers to mitigate and manage any possible       prudential inquiry is to identify any core
Financing Act 2006 (AML/CTF Act).                  money laundering and terrorist financing            organisational and cultural drivers at the heart
                                                   risk, including the risks of continuing to do       of these issues and to provide the community
AUSTRAC acting CEO Peter Clark said                business with the customers concerned.              with confidence that any shortcomings
that court action had followed the agency’s                                                            identified are promptly and adequately
investigation into CBA’s compliance,               Mr Clark said that the action should send a
                                                                                                       addressed.
particularly concerning its use of intelligent     clear message to all reporting entities about
deposit machines.                                  the importance of meeting their AML/CTF             ‘CBA is a well-capitalised and financially
                                                   obligations.                                        sound institution. However, beyond financial
AUSTRAC’s claim alleges that the CBA had                                                               measures, it is also critical to the long-
committed more than 53,700 contraventions          ‘By failing to have sound AML/CTF systems
                                                                                                       run health of the financial system that the
of the AML/CTF Act. In summary:                    and controls in place, businesses are at risk
                                                                                                       Australian community has a high degree of
                                                   of being misused for criminal purposes,’ Mr
• CBA did not comply with its own AML/                                                                 confidence that banks and other financial
                                                   Clark said.
  CTF program because it did not carry out                                                             institutions are well governed and prudently
  any assessment of the money laundering           ‘AUSTRAC’s goal is to have a financial sector       managed.
  and terrorism financing risk of IDMs before      that is vigilant and capable of responding,
                                                                                                       ‘The Australian community’s trust in the
  their rollout in 2012. CBA took no steps to      including through innovation, to threats of
                                                                                                       banking system has been damaged in recent
  assess the risk until mid-2015 – three years     criminal exploitation.
                                                                                                       years, and CBA in particular has been
  after the machines’ introduction                 ‘We believe this can be achieved by working         negatively impacted by a number of issues
• For a period of three years, CBA did not         collaboratively with and supporting industry.       that have affected the reputation of the
  comply with the requirements of its AML/         We will continue to work in this way with           bank. Given its position in the Australian
  CTF program relating to monitoring               our industry partners who also share this aim       financial system, it is critical that community
  transactions on 778,370 accounts, and            and demonstrate a strong commitment to it.’         trust is strengthened. A key objective of the
                                                                                                       inquiry will be to provide CBA with a set of
• CBA failed to give 53,506 threshold              APRA probes CBA                                     recommendations for organisation and cultural
  transaction reports to AUSTRAC on time                                                               change, where that is identified as being
                                                   The Australian Prudential Regulation Authority
  for cash transactions of $10,000 or more                                                             necessary.’
                                                   has announced the establishment of an
  through IDMs from November 2012 to
                                                   independent prudential inquiry into the CBA,        It would include, at a minimum, considering
  September 2015.
                                                   focusing on the group’s governance, culture and     whether the group’s organisational structure,
These late reports represent about 95 per          accountability frameworks and practices.            governance, financial objectives, remuneration
cent of threshold transactions that occurred                                                           and accountability frameworks are conflicting
                                                   The inquiry will be conducted by an
through the bank’s IDMs between November                                                               with sound risk management and compliance.
                                                   independent panel to be appointed by APRA.
2012 and September 2015 and had a total
                                                   Subject to settling the final terms of reference,   The independent panel would not be tasked
value of around $624.7 million.
                                                   it is expected that the panel will report to        with making specific determinations on matters
                                                   APRA around six months after it begins              subject to legal proceedings, actions by other
                                                   work. The report will be made public.               regulators and customers’ individual cases.

Regulators
ASIC reports on corporate-finance                  The report provides statistical data, highlights    It sets out information on the imminent
regulation and enforcement                         focus areas, and includes guidance about            implementation of the industry-funding
                                                   ASIC’s regulation of fundraising transactions,      model and a new regime for crowd-sourced
ASIC has released its seventh report on the        mergers and acquisitions, corporate-                funding by public companies. It highlights
regulation of Australian corporate-finance         governance issues, related-party transactions       regulatory initiatives regarding emerging
issues.                                            and financial reporting.                            market issuers, initial public offerings and
Report 539 ASIC regulation of corporate finance:                                                       financial reporting for the year ended 30 June.
                                                   The report also details the commission’s
January to June 2017 provides companies and        approach, including the types of issues that        ASIC has also released its enforcement report
their advisers and auditors with insights into     have caused it to intervene and its response to     for the period 1 January to 30 June.
the commission’s regulatory approach to            novel transactions. The report also provides an
corporate finance and should help them with        overview of ASIC’s current policy initiatives.
legal and compliance obligations.

                                                                                                                                                PA GE 3
GAAP ALERT                                                                                                                    # 8 /2 0 1 7 3 1 A U G U ST 2 0 1 7

They were:                                            ‘We believe that ASIC’s regulation of                   of quality, value for money outcomes to
                                                      IPOs is sound. [The commission] will                    members.
• 57 investigations begun and 80 completed
                                                      continue to review a significant proportion
                                                                                                              ‘The superannuation industry is going through
• Five people face criminal proceedings, and          of prospectuses, given their importance to
                                                                                                              a period of significant evolution, and it is
  there were 32 criminal charges laid, 23             investors and to maintaining the reputation of
                                                                                                              incumbent on RSE licensees to be focused on
  people removed from financial services, and         Australia’s capital markets.
                                                                                                              meeting the best interests of members […]
  11 infringement notices issued
                                                      ‘The qualitative research reinforces that
                                                                                                              ‘This extends to RSE licensees making
• $618.8m compensation/remediation and                prospectuses can be challenging documents
                                                                                                              decisions about the use of members’ money
  $1.4m of infringement notices paid, and             for retail investors and particular areas of
                                                                                                              in a manner that provides appropriate
                                                      our guidance on prospectus disclosure
• 203 persons charged in summary                                                                              transparency and accountability, and is
                                                      should be carefully considered by issuers
  prosecutions for strict liability offences and                                                              demonstrably in [their] best interests […]’
                                                      and their advisers to produce more effective
  399 criminal charges were laid in summary
                                                      [disclosures].’                                         APRA will consult over coming months
  prosecutions for strict liability offences.
                                                                                                              on proposed changes to the prudential
                                                      In 2016, ASIC ordered corrective disclosures
ASIC commissioner Cathie Armour said:                                                                         framework, including:
                                                      from issuers on 134 occasions, making 56
‘This report covers some of the important
                                                      interim stop orders and five final stop orders.         • Requiring RSE licensees to have an
work done by ASIC over the [past] six
                                                      Most orders were against IPOs.                            operational governance framework, which
months across a wide range of areas. We
                                                                                                                covers the policies and processes that
will continue to detect misconduct and take           ASIC proposes to:
                                                                                                                support strategic and business planning,
enforcement action where necessary to ensure
                                                      • Engage with stakeholders to encourage                   and ensure rigour in operational decisions,
investors and consumers can have trust and
                                                        greater accessibility to management for                 particularly those related to expenditure and
confidence in our financial system.’
                                                        investors                                               reserving
ASIC says prospectuses need to                        • Increase its reviewing of online investor             • Expanding the existing business-planning
improve                                                 forums and social media                                 requirements to ensure RSE licensees
While prospectuses are important for people                                                                     appropriately implement, monitor and
                                                      • Broaden its regular media monitoring to
considering investing in initial public                                                                         review their business plans in the context of
                                                        include investment magazines and online
offerings, ASIC reports that their practicality                                                                 clear strategic objectives
                                                        subscription services, and
and credibility need to improve.                                                                              • Requiring RSE licensees to meet minimum
                                                      • Provide retail investors with extra
REP 540 Investors in initial public offerings                                                                   expectations when making decisions on
                                                        information about the IPO process.
contains ASIC’s analysis of findings from                                                                       fund expenditure, with a view to ensuring
interviews conducted with institutional               The report complements others such as Sell-               that there is adequate rigour in decision-
investors and qualitative research that it            side research and corporate advisory: Confidential        making, monitoring and transparency of
commissioned.                                         information and conflicts, Due diligence practices        members’ money, and
                                                      in initial public offering and Marketing practices in
The report explains how ASIC will use the                                                                     • Requiring RSE licensees to undertake an
                                                      initial public offering of securities.
findings to enhance its regulation of IPOs. It                                                                  outcomes assessment for [their] members.
also explains how companies, their advisers           APRA aims to lift ‘operational                            APRA expects to provide guidance to
and other market participants can help                governance’                                               support this assessment, including with the
investors.                                                                                                      proposed MySuper outcomes assessment.
                                                      The Australian Prudential Regulation
In the 2016 calendar year:                            Authority has outlined proposed changes to              APRA expects to release a detailed package
                                                      the superannuation prudential framework                 of draft standards and prudential guidance for
• 133 companies listed on the Australian                                                                      further consultation later this year.
                                                      to lift ‘operational governance’ practices of
  Stock Exchange, raising a total of $6 billion
                                                      APRA-regulated superannuation trustees
                                                                                                              APRA releases proposed
• 115 companies listed on the HKEX, raising           (RSE licensees).
                                                                                                              implementation on counterparty
  $25 billion
                                                      ‘Operational governance’ refers to how                  credit risk
• 66 companies listed on the London Stock             an RSE licensee determines its strategic
                                                                                                              APRA has released a package that sets out
  Exchange, raising $4 billion, and                   objectives, undertakes business planning and
                                                                                                              its proposed implementation of the Basel
                                                      runs its business operations on a day-to-day
• 37 companies listed on the New York                                                                         Committee on Banking Supervision’s
                                                      basis. While many RSE licensees have sound
  Stock Exchange, raising $13 billion.                                                                        Standardised approach for measuring counterparty
                                                      practices, APRA has identified weaknesses in
                                                                                                              credit risk exposures (SA-CCR) and Capital
Many retail investors said prospectuses were          others.
                                                                                                              requirements for bank exposures to central
hard to read and could not be relied on to tell
                                                      APRA deputy chairman, Mrs Helen Rowell                  counterparties.
the whole truth about an IPO.
                                                      said the authority had identified areas where
                                                                                                              The package contains:
ASIC aims to buttress confidence in Australian        the superannuation prudential framework
capital markets by regulating IPOs. ASIC              could be enhanced to reflect better practice            • A discussion paper setting out both its
commissioner John Price said: ‘The project’s          and public expectations for the prudent and               response to submissions on its September
findings allow us to have an understanding of the     efficient operation of funds.                             2016 paper Counterparty credit risk for ADIs
[…] factors and types of information that investors                                                             and several revised proposals for further
                                                      ‘RSE licensees are expected to operate in a
rely on when investing in IPOs, and will allow us                                                               consultation
                                                      manner that supports long-term sustainability
to enhance our regulation of [them].
                                                      of their business operations and delivery

                                                                                                                                                        PA GE 4
GAAP ALERT                                                                                                               # 8 /2 0 1 7 3 1 A U G U ST 2 0 1 7

• Revised drafts of Prudential Standard               ACNC update                                         • Issued 190 registered charities (‘double
  APS 112 Capital Adequacy: Standardised                                                                    defaulters’) with a notice of intention to
  Approach to Credit Risk (APS 112) and               The Australian Charities and Not-for-profits          revoke their charity status
  Prudential Standard APS 180 Capital                 Commission (ACNC) has:
                                                                                                          • Sent notices to 1500 charities about errors
  Adequacy: Counterparty Credit Risk, which           • Released a new report Australia’s non-              in their 2016 annual information statements
  incorporate changes to APRA’s proposed                profit organisation sector: money laundering
  new counterparty credit risk requirements             and terrorism financing risk assessment with      • Revoked the charity status of Survivor
  for authorised deposit-taking institutions            Australia’s financial-intelligence agency           Foundation Incorporated, and
  (ADIs), and                                           AUSTRAC
                                                                                                          • Warned charities to watch out for scam
• Three draft reporting standards, which set          • Entered into a compliance agreement with            intellectual-property letters.
  out proposed revisions to the corresponding           the new board of RSL SA
                                                                                                          These developments and other NFP issues
  reporting requirements as well as proposed
                                                      • Noted that ASIC has advised the ACNC of           will be explored in depth in the 30 September
  reporting requirements on margining for
                                                        new obligations for charitable-investment         edition of NFP Risks and Compliance as well as
  non-centrally cleared derivatives.
                                                        fundraisers                                       in our next GAAPinar series.

AFS licensees
PI insurance meets regulatory                         costs requirements in regulatory guide 126          • Read regulatory guide 126 to understand
requirements                                          Compensation and insurance arrangements for AFS       the level of PI insurance required
                                                      licensees. Following ASIC’s intervention, the
An ASIC review of professional indemnity                                                                  • Document the annual review of PI
                                                      licensees have obtained improved PI insurance
(PI) insurance has found that most small                                                                    insurance needs
                                                      or are doing so.
companies holding Australian financial                                                                    • Obtain defence-costs cover as well as the
services (AFS) licensees had PI insurance that        Following the conclusions in report 459,
                                                                                                            minimum indemnity level
met regulatory requirements.                          which highlighted fraud and dishonesty cover
                                                      as a particular risk, ASIC has worked with          • Check if the policy covers acts of fraud
‘Small’ licensees were designated as retail           the two insurance companies to help them              or dishonesty by directors, employees and
providers that had 20 or fewer authorised             make changes to their standard policy terms           other representatives
representatives and revenue of $2 million or          to ensure that their fraud and dishonesty
less.                                                                                                     • Be aware of limitations and exclusions in
                                                      cover allows insured licensees to comply with
                                                                                                            the PI policy
The review focused on the adequacy of                 regulatory guide 126.
cover for defence (legal) costs and fraud                                                                 • Inform the PI insurance provider of any
                                                      The review also highlighted that AFS licensees
and dishonesty in policies offered by two                                                                   material changes to your business, such as
                                                      do not appear to always fully understand
insurance companies. It follows ASIC’s report                                                               an increase in the number of advisers or
                                                      their PI insurance cover as the policies are
459 Professional indemnity insurance market for                                                             revenue, and
                                                      complex and their terms may be subject to
AFS licensees providing financial product advice of   different interpretations. As well as this, there   • Remember that, while you can work with
December 2015, which highlighted areas of             are also inconsistencies in the approaches            an insurance broker, you cannot rely on the
concern.                                              AFS licensees take to document their annual           broker to ensure that your policy complies
The review found that three of the 56                 review of their PI policies.                          with the regulatory guide. Ultimately,
AFS licensees reviewed did not have PI                                                                      licence holders are responsible for obtaining
                                                      Following the review, ASIC has encouraged
insurance that complied with the defence-                                                                   compliant PI insurance.
                                                      AFS licensees to:

Fraud
ASIC bans Tasmanian adviser after                     The charges related to Mr Noonan’s                  Other fraud cases
fraud conviction                                      misappropriating a total of $2,495,117 from
                                                      14 clients over nine years. During that period,     A propos of the Noonan case, here are fraud
ASIC has permanently banned Daniel Joseph             Mr Noonan was employed by AMP Financial             headlines you might have missed:
Noonan, a former financial adviser based in           Planning Pty Ltd.                                   • ‘Nant whisky to be investigated by
Hobart, from the credit and financial-services                                                              Tasmania Police over alleged fraud’
industries.                                           He used the ill-gotten gains to gamble or
                                                                                                          • ‘AUSTRAC and ACNC Risk Assessment
                                                      replace sums already misappropriated. When
Mr Noonan was banned after pleading guilty                                                                  shows criminals are targeting charities and
                                                      sentencing, Justice Escourt described Mr
and being convicted of 97 counts of fraud and                                                               non-profit sector’
                                                      Noonan’s crimes as ‘egregious violations of his
10 counts of stealing in the Supreme Court            fiduciary duty to his clients’.                     • ‘Department of Human Services conducting
of Tasmania following an investigation by                                                                   internal fraud probe’
Tasmania Police. Mr Noonan was sentenced              ASIC deputy chairman Peter Kell said: ‘ASIC         • ‘ICAC finds former Department of Justice
to six-and-a-half years’ imprisonment with a          will act to remove people from the credit and         officer corrupt’, and
non-parole period of half the sentence.               financial-services industry who act dishonestly
                                                                                                          • ‘AFP to examine Iluka bribery concerns in
                                                      and breach the trust of their clients.’
                                                                                                            Africa’.
                                                                                                                                                   PA GE 5
GAAP ALERT                                                                                                            # 8 /2 0 1 7 3 1 A U G U ST 2 0 1 7

More about these in GAAP Consulting’s             • Corruption                                        ReportFraud’s motto is the core of what
forthcoming ReportFraud (and NOCLAR)              • Non-compliance of laws and regulations,           it does: If you see something, say something.
whistleblowing service.                             and                                               Can you afford NOT to investigate how
                                                  • Unethical behaviour.                              ReportFraud can help your organisation?
Fraud costs companies an average of 5 per
cent of their revenue every year. There’s         A whistleblowing service is a necessary             The ReportFraud website will be launched this
fraud’s financial cost as well as the cost of a   component of any robust corporate-                  month and we would be delighted to get your
damaged reputation. ReportFraud is designed       governance framework. A healthy and open            comments and queries.
to safeguard your organisation from these         culture is one where people are encouraged
                                                                                                      We would also like to hear from forensic
potential risks.                                  to raise concerns and are confident that they
                                                                                                      accountants who might like to undertake
                                                  can do so without adverse repercussions. By
Our new initiative is a cutting-edge                                                                  investigations of alleged frauds identified by
                                                  subscribing to ReportFraud, you will be seen
whistleblowing service that operates on a 24/7                                                        our service.
                                                  to be taking governance obligations seriously.
basis via hotline, online, smartphone access,
                                                                                                      Questions? Andrew Parker, chief
email and post. It allows employees and           A ReportFraud subscription will allow you to
                                                                                                      executive officer, ReportFraud,
stakeholders to report wrongdoings such as:       report on five channels. But it will also provide
                                                                                                      Andrew@reportfraud.org.au or 0401 858 889
                                                  a policy framework, annual heath checks and
• Fraud                                                                                               or Colin colin@gaap.com.au or 0421 088 611.
                                                  practical material to create awareness of fraud
• Theft
                                                  among management and employees.
• Asset misappropriation

Audit
Three SMSF auditors disqualified                  • Audit evidence requirements of Australian         PCAOB releases brief on auditors
                                                    auditing standards.
ASIC has disqualified Chiu Man from being                                                             The US Public Company Accounting
an approved self-managed superannuation           ASIC commissioner John Price said: ‘SMSF            Oversight Board (PCAOB) has published a
fund auditor. The commission found that           auditors play a fundamental role in promoting       brief about its 2017 inspections of auditors of
Mr Man had breached fundamental audit             confidence in the SMSF sector so it is crucial      public companies and other issuers.
requirements and was otherwise not a fit and      that they adhere to ethical and professional
                                                  standards. ASIC will continue to take action        The brief is intended to help investors,
proper person.
                                                  where the conduct of SMSF auditors is               auditors, and others to understand the areas
In particular, ASIC found that Mr Man had         inadequate.’                                        of significant audit risks targeted by PCAOB
not:                                                                                                  inspectors and encourage auditors to improve
                                                  Enhancing professional scepticism                   audit quality.
• Complied with the audit evidence
  requirements of Australian auditing             The International Auditing and Assurance            ‘These staff inspection briefs highlight what
  standards, and                                  Standards Board (IAASB), the International          PCAOB inspectors look for in inspections,
                                                  Ethics Standards Board for Accountants              such as, Does the auditor understand how
• Appropriately responded to inquiries from
                                                  (IESBA), and the International Accounting           the issuer developed its estimates? Are they
  the Australian Taxation Office and ASIC.
                                                  Education Standards Board (IAESB) have              addressing pending accounting changes with
ASIC has also disqualified John Evennett from     jointly published Toward Enhanced Professional      the issuer? Have the software audit tools used
being an approved SMSF auditor, determining       Scepticism.                                         in the audit to analyse data met the audit
that Mr Evennett had breached fundamental                                                             objectives?’, said Helen A. Munter, director of
                                                  The importance of professional scepticism is
independence and audit requirements.                                                                  registration and inspections.
                                                  underscored by the increasing complexity of
The commission found that Mr Evennett had         business and financial reporting, including         PCAOB inspectors focused on:
breached:                                         the greater use of estimates and management
                                                                                                      • Audit areas where inspectors have identified
                                                  judgment, business-model changes due
• Auditor independence requirements of                                                                  deficiencies in the past, such as assessing and
                                                  to technological developments, and the
  APES 110 Code of Ethics for Professional                                                              responding to risks of material misstatement
                                                  fundamental reliance of the public on
  Accountants when he audited the fund of an
                                                  dependable financial reporting. It lies at the      • Audit areas affected by recent economic
  immediate family member, and
                                                  heart of a quality audit.                             developments, including the high rate
• Audit evidence requirements of Australian                                                             of merger and acquisition activity and
                                                  ‘When this initiative began, the boards were
  auditing standards.                                                                                   fluctuations in oil and natural gas prices
                                                  looking for input on whether and how
Ross Russo was disqualified from being an         each of their standards could contribute            • Financial-reporting areas that require
approved SMSF auditor, ASIC determining           to strengthening the understanding and                significant judgment, including going
that Mr Russo had breached fundamental            application of professional scepticism as it          concern considerations and income-tax
independence and audit requirements.              applies to an audit,’ said Professor Annette          disclosures
                                                  Köhler, joint working group chair. ‘We have
Mr Russo had breached:                                                                                • An audit firm’s compliance with new
                                                  shared our observations and recommendations
                                                                                                        transparency rules
• Auditor independence requirements of            with the boards, and professional scepticism
  APES 110 Code of Ethics for Professional        now features prominently in each of [their]         • Preparation for new accounting standards
  Accountants when he audited the fund of a       strategic considerations.’                            for revenue recognition and lease
  close family member, and                                                                              accounting

                                                                                                                                                PA GE 6
GAAP ALERT                                                                                                          # 8 /2 0 1 7 3 1 A U G U ST 2 0 1 7

• Work by other auditors on multinational         reviews of quality, thematic reviews and          Investor and public confidence in
  audits                                          audit-committee and investor feedback.            audit quality remains vulnerable where
                                                                                                    circumstances indicate a failure by auditors
• The auditor’s use of information                Improvements are inconsistent across firms,
                                                                                                    to be sufficiently independent or to provide
  technology, particularly software audit         market sectors and audit procedures, however.
                                                                                                    robust challenging. The FRC has enhanced
  tools, and                                      High-profile accounting failures and audit
                                                                                                    its enforcement procedures and is working
                                                  monitoring continue to expose cases in which
• The audit firm’s system of quality control.                                                       to improve its speed of action, issuing more
                                                  auditors have not met expectations. While
                                                                                                    than £14.2 million of sanctions on auditors
In 2017, the PCAOB plans to inspect               there is evidence of greater professional
                                                                                                    and audit firms in 2016-17. It summarises the
some 195 registered firms that audit public       scepticism, the FRC continues to find it the
                                                                                                    lessons to be learned from its investigations.
companies, of which 11 are subject to annual      biggest problem area.
inspection. About 55 are non-USA firms in
                                                  Setting out what is being done to drive
26 countries or jurisdictions.
                                                  improvements to audit quality, the report         The FRC will focus on promoting
The appendix to the staff inspection brief        includes an overview of the FRC’s work in         scepticism, quality-control standards, auditors’
contains additional information on the            setting policy and standards, how the council     adherence to the spirit as well as the letter
inspection program, industry sector and           is working to enhance the effectiveness           of independence requirements, the impact
market-capitalisation demographics and            of audit committees, its oversight of             of mandatory rotation on quality and fees,
inspection data for public company audits         the profession, and its monitoring and            harnessing technology, and the culture of
from 2014 to 2016.                                enforcement activities.                           audit firms that support audit quality.
Improved UK auditing                              Confidence in auditing in the UK is changing      Melanie McLaren, the FRC’s executive
                                                  significantly, the impact of tendering            director for audit and actuarial regulation,
Britain’s Financial Reporting Council has         and rotation requirements seeing greater          said: ‘In our monitoring of audit quality we
released evidence of improved auditing and a      competition among the biggest firms.              have yet to see overwhelming evidence of
culture that aims for higher standards.                                                             improvement in all sections of the market
                                                  Greater transparency of audits has been
The FRC says that higher standards are                                                              or the consistency of performance we want
                                                  achieved through extended reporting.
especially noticeable in larger companies’                                                          between different firms. Firms are […]
                                                  Broadened perspectives on quality through
audits.                                                                                             investing in improvement measures, and
                                                  the challenge and support of independent
                                                                                                    [audit committees] surveyed report that they
In the audit regulator’s second annual report,    non-executives at larger audit firms ensure a
                                                                                                    are seeing evidence of good quality[…]’.
FRC Developments in Audit report, the council     focus on sustained improvement.
sets out evidence from its own and other

  I N S I D E G A A P C O N S U LT I N G

  What we’ve been up to                           even the most serious and professional of us      for. And implementation dates are fast
                                                  can also be charming and respectful when we       approaching. Let the experts at GAAP
  Colin Parker enjoyed a 25-day trip to Italy     meet clients. He is working on GAAPinars          Consulting get you on track with an analysis
  during which he followed his passion for        that will deliver specific ‘soft’ skills.         of one of your contracts.
  Roman ruins – a legacy of doing Latin
  in school. He struck very hot weather           Revenue recognition has been at the forefront     Our AASB 15 team is led by Carmen
  in Sicily but still enjoyed the history and     of the work Stephen Newman has done this          Ridley, AASB member. Check out our
  hilltop towns. He caught up with friends        past month with various auditors. This has        contract-review service and book us today.
  in Positano and fell in love with Naples’s      involved contract reviews and interpretation
                                                                                                    A leading auditor said of our service: ‘I
  architecture and Herculaneum history,           of relevant standards. Requests for contract
                                                                                                    think this is an excellent idea, and I will
  climbing Mt Vesuvius. He also visited two       reviews generally are definitely on the rise,
                                                                                                    certainly mention it to our clients.’
  of his favourite cities, Florence and Venice.   particularly in the context of AASBs 9,15
  The holiday was bookended by a discussion       and 16. Stephan also participated in webinars     The GAAP Consulting team can also assist
  in Sydney on a proposed litigation brief. He    on NOCLAR and gave a presentation on              you with:
  is back at work so soon, he says with a sigh.   the soon to commence Privacy Amendment
                                                                                                    • AASB 15 and AASB 1058 training
                                                  (Notifiable Data Breaches) Act 2017.
  Carmen Ridley has taken time out to
                                                                                                    • Reviewing and monitoring of your
  attend a yoga retreat, which she says            On the personal front, with no children at
                                                                                                      implementation plan
  was incredibly relaxing, a highlight the        home for the time being, his wife and he are
  wonderful healthy food. She has spent           learning to be empty nesters. Not as bad as       • The development of detailed accounting
  August answering calls from clients on          feared thanks to Whats App, Facetime and the        policies, and
  technical matters and spring-cleaning her       good old mobile phone.
                                                                                                    • Reviewing your financial-reporting
  house.
                                                  Let GAAP Consulting unravel your                    template.
  Stephen Downes was heartened to learn           AASB 15 contracts
                                                                                                    Contact Colin to discuss our contract-
  of recent interest in so-called ‘soft skills’
                                                  Do you know how to implement AASB 15              review service and how we can help you to
  by several accounting and auditing bodies.
                                                  Revenue from Contracts with Customers? It’s not   implement AASB 15.
  His view has always been that people do
                                                  easy – every contract needs to be understood
  business with people, and it’s a bonus if
                                                  according to how it is to be accounted

                                                                                                                                              PA GE 7
GAAP ALERT                                                                                                       # 8 /2 0 1 7 3 1 A U G U ST 2 0 1 7

NFP Risks and Compliance                        The next edition will be released in October.     Registrations open for our
newsletter                                      For further information on use of content         November-December GAAPinars
                                                for your accounting practice, please contact
We recently released our June-quarter           Colin.                                            Those of us who provide professional
edition of our NFP Risks and Compliance                                                           training – face-to-face or digitally delivered
newsletter to accounting-firm subscribers.      Face-to face training on AASBs 15,                – confront difficult questions each time we
                                                9 and 16                                          think about new presentations. What topics
Our aim is for accounting-firms’ to
                                                                                                  do accounting and auditing professionals
keep their NFP clients informed. It             Members of the GAAP Consulting team will
                                                                                                  want covered? What do they need to
helps enormously when accountants can           soon be sharing their insights and discussing
                                                                                                  know? What has changed that they must be
demonstrate expertise and experience            your implementation issues concerning AASB
                                                                                                  brought up-to-speed about?
for current and potential clients. At last      15 Revenue from Customer Contracts, AASB 9
count, there were about 600,000 NFPs            Financial Instruments and AASB 16 Leases.         We use a two-pronged approach to answer
in Australia, including more than 54,000                                                          these questions. First, we ask our clients
                                                Up to 14 hours of CPD/CPE are available.
charities.                                                                                        what they’d like to know more about. And
                                                Each session is bookable separately. The
                                                                                                  they’ll come back with lists of questions:
The June-quarter edition had more than 20       sessions are targeted at senior auditors, CFOs
                                                                                                  What are the hazards in a new accounting
news items.                                     and members of their finance teams.
                                                                                                  standard? Does it have complexities that
Topics were:                                    Course material has been updated. Examples        we haven’t noticed? Is there an area of
                                                and case studies will be provided and emphasis    accounting that we’ve neglected? Have we
Governance
                                                placed on implementation. Participants are        overlooked the ramifications of introducing
• Accountants must act on suspicions
                                                encouraged to provide questions in advance.       new systems, programs and standards?
• Guidance on board remuneration
                                                                                                  We’ve heard a lot about NOCLAR and
• DGR discussion paper released                 Melbourne
                                                                                                  audit quality lately, but can you tell us
• FIA to release new fundraising code           • 21 November – Masterclass on AASB 15
                                                                                                  more?
• Charitable investment fundraisers               Revenue from Customer Contracts (all day)
  transitional relief extended                  • 11 December – Introduction to AASB 16           Then we sit around the virtual table and
• New privacy legislation passed                  Leases (half-day) and Introduction to AASB      – adding our expertise and knowledge –
                                                  9 Financial instruments (half-day)              come up with a list and content that we
ACNC
                                                                                                  hope will answer all the questions. Our aim
• ACNC guides on crowd funding                  Brisbane
                                                                                                  is to tell you what you need to know.
• New report on our smallest charities          • 6 December – Masterclass on AASB 15
• Recent compliance action on three               Revenue from Customer Contracts (all day)       If estate agents harp on about location,
  Queensland charities                          • 7 December – Introduction to AASB 16            location and location, at GAAP Consulting
• Hundreds of charities revoked                   Leases (half-day) and Introduction to AASB      our chant is relevance, relevance and even
• AIS release set for July                        9 Financial instruments (half-day)              more relevance. With your assistance we
• Charities must meet governance standards                                                        have identified 12 GAAPinar topics for
                                                Sydney
• ACNC financial-reporting obligations                                                            our November-December series. On 2
                                                • 15 December – Masterclass on AASB 15
                                                                                                  November, the first – a what’s-new wrap
Financial reporting                               Revenue from Customer Contracts (all day)
                                                                                                  – is free.
• Financial-reporting considerations for        • 18 December – Introduction to AASB 16
  30 June                                         Leases (half-day) and Introduction to AASB      Registrations are open.
• New guidance issued for management              9 Financial instruments (half-day)
                                                                                                  In this year’s second GAAPinar series, we’re
  representations
                                                Anchor presenters are Carmen Ridley               offering 18 hours of CPD/CPE. Watch
• Standards modified for NFPs
                                                (current AASB member) and Colin Parker            them in your boardroom or on your laptop.
Audit                                           (former AASB member) with support                 Log in from somewhere remote. Watch
• Enhanced audit-reporting standards apply      from Sonya Sinclair (Sydney) and Stephen          recorded sessions later.
                                                Newman (Melbourne).
Governments                                                                                       The expertise of our presenters Carmen
• Reduced red tape for ACT’s charities          Numbers are strictly limited. A brochure will     Ridley (current AASB member), Sonya
• Red-tape reduction progress in Victoria       be available shortly. Express your interest now   Sinclair, Stephen Newman and Colin
• RSL under investigation                       to Andrew Parker 0401 858 889 or andrew@          Parker (former AASB member) is our
                                                gaap.com.au. Content queries? Please contact      GAAPinars’ trump card.
Subscribers are free to delete material
                                                Colin Parker (0421 088 611 or colin@gaap.
that is not suited to their needs, rearrange
                                                com.au).
the order, or use another heading – the
flexibility is all theirs. They can add their
own firm’s news.

                                                                                                                                           PA GE 8
GAAP ALERT                                                                                                    # 8 /2 0 1 7 3 1 A U G U ST 2 0 1 7

  Topics and dates are:

   GAAPinaar                                                                      Date   Sessions 4 and 5 and 8 and 9 are double-
                                                                                         headers, the first session starting at noon and
   1. What’s new in GAAP, GAAS, APES and the regulators?                   2 November    the next at 2.30pm.
   2. Implementation of NOCLAR for accountants                             7 November
                                                                                         Each session costs $297, discounts available,
   3. Implementing AASB 9 Financial Instruments                            9 November    including for sole practitioners and multi-
   4. Accounting for sale of goods under AASB 15 Revenue from              16 November   offices. Contact me if you’d like to know
      Customer Contracts                                                                 more or download our GAAPinar brochure
   5. Accounting for long-contracts under AASB 15 Revenue from             16 November   from www.gaap.com.au.
      Customer Contracts
                                                                                         Lock in the dates and register today.
   6. NOCLAR for auditors                                                  21 November
   7. NFP reporting and ACNC activities                                    28 November
   8. Financial reporting and auditing update for 31 December              30 November
      2017
   9. Preparing for the transition into AASB 17 Leases                     30 November
   10. Knowing your AFSL risks?                                             5 December
   11. Business law for accountants and auditors                            7 December
   12. Learning the lessons from ASIC audit inspections                    14 December

                           Contact Us                                                                    Sponsored by

                           Should you require any further information about the
                           services provided or our team, please contact:

                           Colin Parker
                           Principal, GAAP Consulting

                                                                                                                     Consulting
                           Head of the GAAP Consulting Network
                           Email colin@gaap.com.au
                           Mobile 0421 088 611
Colin Parker               Postal GPO Box 1497, Melbourne, Victoria 3001
                                                                                         advice   •   training   •   risk management     •   information

GAAP Consulting            Website www.gaap.com.au                                       This communication provides general information
                                                                                         current at the time of release. It is not intended that the
                                                                                         information provide advice and should not be relied on
                                                                                         as such. Professional advice should be sought prior to
      GAAP Consulting        GAAP Consulting            ®
                                                            Colin Parker                 actions on any of the information contained herein.

                                                                                                                                                PA GE 9
© GAAP.com.au Pty Ltd
You can also read