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Scangate Document 11 The Australian financial system is subject to a comprehensive regulatory framework involving a bevy of regulatory institutions. But who is ... the Regulators He's a 52-year-old from a rural background with 18 years' experience in the House. She's a 35-year-old former industrial officer from inner Melbourne in her first term of office. He's Liberal, she's Labor. But David Hawker and Anna Burke are united over the value of the House of Representatives Economics, Finance and Public Administration Committee. The Committee - known as the House Economics Committee - Anna Burke also says the Committee’s inquiry process gives is responsible for parliamentary oversight of some of Australia’s backbench MPs the chance to "make a difference”. She cites the most powerful institutions, including the Reserve Bank and the Committee’s regional banks report (March 1999) as an example. Australian Competition and Consumer Commission (see below). It also conducts investigations into some of the nation’s most “That report is now having an effect,” she says. “We listened, we far-reaching public policy issues. made recommendations in a bipartisan manner - like the public wants us to - and now those recommendations are being The Committee’s Chair, David Hawker (Member for Wannon, Vic) Continued on page 12 is an unabashed advocate of the Committee’s role and responsibilities. “First, you have the opportunity to look at issues in depth," he says. “You also have the resources of a secretariat behind you; you have the authority of the Parliament to bring people before the Committee; and they are obliged to answer those questions that you put before them honestly. “In terms of public questioning of these very important and powerful bodies, it is a unique role." Deputy Chair Anna Burke (Member for Chisholm, Vic) agrees. “There is no other forum where we can put questions to them so directly. And it’s not just about being critical either. It’s also asking them well, what can we do to help you do your job better?" House Economics Committee Chair, David Hawker (right) and Deputy Chair, Anna Burke (left). Photo: AUSPIC Two other bodies have also become instrumental in Australia’s Who are the Regulators? regulatory landscape. There are three Commonwealth Government bodies primarily The Australian Competition and Consumer Commission responsible for regulating the Australian financial system. (ACCC - www.accc.gov.au) was formed in 1995 by the merger The Reserve Bank of Australia (RBA - www.rba.gov.au) is of the Trade Practices Commission and the Prices Surveillance Australia’s central bank, responsible for setting monetary policy Authority. The Commission aims to protect consumers by (official interest rates) and for ensuring the general stability of preventing anti-competitive and unfair conduct by business. the financial system. It also has oversight of Australia's The ACCC has regulatory authority over mergers or payments system - the arrangements which allow consumers, acquisitions of companies; aspects of product safety/liability; businesses and other organisations to transfer funds between and issues of third party access to facilities of national themselves and between financial institutions. significance. It also has extensive powers to monitor and vet prices and pricing practices, a power used extensively during The Australian Prudential Regulation Authority (APRA - the implementation of the new tax system. www.apra.gov.au) is responsible for ensuring individual financial institutions will be able to honour their commitments when they The role of the National Competition Council (NCC - fall due. It promotes the soundness of deposit-taking www.ncc.gov.au) is to “enable increased competition to be institutions, life and general insurance companies, and larger introduced where it will result in greater economic growth, less superannuation funds. It was ‘spun off to become an unemployment, better social outcomes and the better use of independent entity from the Reserve Bank in 1998. resources for all Australians”. The NCC’s responsibilities include assessing whether States and Territories have made The Australian Securities and Investments Commission satisfactory progress towards achieving the competition policy (ASIC - www.asic.gov.au) regulates the advising, selling and reform goals they have set themselves. disclosure of all financial products and services to consumers, except credit. It is also the Corporations Law watchdog, The House Economics Committee has parliamentary promoting honesty and fairness in companies and in oversight of all these bodies. More information about the the market. roles of each can be found at their respective web sites. 12 Regulating the Continued from page 11 picked up. It’s a really rewarding and satisfying thing to see that his job as prevention of blatant misuse of market power by happen. In Opposition on the backbench you’re not really going powerful groups to the detriment of consumers. to see that happen too many times.” “The whole work of the ACCC has been growing, and the powers The most prominent of the Committee’s activities is perhaps its have been steadily increasing because there’s been a public six-monthly hearing with the Governor of the Reserve Bank. need,” says David Hawker. “ But when you do increase the powers Attracting enormous media interest, the hearing has become a of any statutory body it’s extremely important that the focus for accountability and transparency for the Bank. accountability is also increased, because there’s always a risk of the abuse of that power. It’s a balancing act.” “If the Reserve Bank gets it wrong, then somebody's got to pull them up for it, and we are ultimately the part of the Parliament Anna Burke says, “There’s so much happening with the ACCC. that does that in a public way," David Hawker says. With three-and-a-half hours of questioning we just touched on much of it. There are so many questions. What are you looking at, “We have the opportunity who are you talking to, how are you going about i t ... and the duty to publicly question the Reserve on “Motor smash repairers, why it has taken for example. We’re being particular actions, and told one thing as MPs by have they got it right or constituents and lobby have they got it wrong. groups, and they are And they have to be able saying 'well we don’t have to justify their answers.” that information, we can't get that information’, and “And tell us what we’re wondering why not? information they’ve The same with prices. Do based their decisions they need more resources, on,” adds Anna Burke. more powers? Are they “They make decisions abusing the powers which affect all they’ve got?” Australians, not just a few. What the Reserve David Hawker regards Bank does on interest oversight of the rates bears down on introduction of the new everybody out there, tax system as a very whether you’ve got a important aspect of the home loan or not. They ACCC’s work. It’s one the have to be able to Committee wants to explain how and why spend more time on. In they've made decisions. Professor Allan Fels, Chairman of the Australian Competition and Consumer Commission, particular he cites the fuel They have to be recently appeared before the House Economics Committee. Photo: AUSPIC grants scheme. accountable. They have to answer questions, not just deliver a text of their choice.” “I think the fuel grants scheme is significant in terms of an example of how business can impact on Government policies in Says David Hawker, “The Reserve is extremely well served by the the regions. Here we have a Government trying to assist regional quality of people who are on it, but having said that it appears areas with a scheme worth $500 million over four years, and it they can get it wrong. We’ve seen the case with interest rate appears they may be being frustrated by major oil companies. policy in the last six months. That is very significant, and an area for action.” “It’s important that they not be allowed to just act in isolation, Plenty of time was spent at the latest hearing talking about the because what they do - and all the regulators that we talk to - ACCC’s approach to the medical profession, with Allan Fels has such a bearing on everybody. And we are demanding a much asserting that the Australian Medical Association was out to higher standard of accountability and transparency." “get rid of bulk-billing”. Mergers and acquisitions is another controversial area. One area where the Committee is having an impact is credit card fees. Anna Burke asks, “What is the thought process that goes with these things? Somebody’s got to keep them accountable. “People have been jumping up and down, and rightly so," says Anna Burke. “We’ve been tracking the issue through and putting “The interesting thing is working through with them (the ACCC) as pressure on the Reserve and the ACCC to do something. And it’s to what the public interest is they're looking at, what the bottom taken time, but something now looks like it’s happening” line is. And to ensure that if mergers are agreed to and have (see separate story, right). caveats put on them, that they actually get enforced. For example, I still have big doubts about Westpac-Bank of The ACCC is another high-profile organisation which answers to Melbourne, despite what Professor Fels is telling me. You need to the Committee. Its Chairman, Allan Fels, recently spent three-and- be able to question that. Parliament has to monitor how these a-half hours being grilled in a public hearing.
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