Index	Year	Month	Page
PRESIDENT’S COMMENTARY	1999	April	98
MESSAGE FROM THE INTERNATIONAL PRESIDENT	1999	April	99
ICSA INTERNATIONAL • Affirmative action: Pie in the sky ideals? • Paying for people • A Question of colour • The wheels come off • Lofty ideals	1999	April	100
NEWS IN BRIEF • ASIC policy proposal papers on collateral benefits in response to the Aberfoyle decision • Transfer pricing for services in multinationals	1999	April	104
COMPANY SECRETARY • What are ASIC’s main areas of concern where entities are not complying with their disclosure obligations? • What is ASIC’s view on disclosure on Y2K issues? • What constitutes ‘meaningful’ Y2K disclosure? • How did disclosure fall short in respect of the new standard covering financial instruments? • What will be the focus of ASIC’s surveillance activities for this year?	1999	April	106
THE NEED FOR PERFORMANCE RATHER THAN CONFORMANCE • Need for performance, not merely conformance Assessing performance of the Board • Role of the company secretary in the assessment process	1999	April	108
SECRETARIES CASEBOOK • Case examines liability of a deemed parent for insolvent trading by a deemed subsidiary, notwithstanding a less than majority shareholding • A point to bear in mind when advising on the level of supervision to be maintained over the activities of non-subsidiary entities	1999	April	111
STRUCTURAL ELEMENTS OF COMPLIANCE PROGRAMS UNDER AS3806 • Commitment • Compliance policy	1999	April	112
SMALL PRINT • De-layered organisations offer new leadership challenges • Opportunities are available earlier to experience risk taking and strategy development • Organisations should use these opportunities in a culture of risk management to develop future leaders	1999	April	115
QANTAS v CHRISTIE • A long awaited High Court decision has upheld Qantas’ compulsory retirement age of 60 years for international pilots	1999	April	116
MANAGING INTELLECTUAL PROPERTY • Understanding the global intellectual property environment • Protecting intellectual property internationally	1999	April	118
Y2K IMPLICATIONS FOR D & O LIABILITY INSURANCE • Y2K poses enormous challenges and risks for directors which require re-examination of issues relating to insurance • Directors will have to turn their minds to these issues, if they have not already done so	1999	April	120
CORPORATIONS LAW UPDATE · CLERP Alert • Duties of de facto directors • Financial assistance	1999	April	123
TAXATION LAW UPDATE • Superannuation contribution shortly before retirement • Motor vehicle fringe benefits The Section 46 rebate for inter-company dividends	1999	April	126
CONSUMER LAW UPDATE • In Fasold & Plimer v Roberts & Ark Seach Association Inc, the issue of religion and/or trade and commerce had to be faced by the Fed Court • The importance of the case lies in the extent to which the judicial system is prepared to evaluate questions involving religion & principles • However, His Honour’s judgment is far more mundane. It is an evaluation of the concept of ‘trade and commerce’ • Judgment was appealed to the Full Federal Court. The appeal was dismissed.	1999	April	129
CONSUMER LAW • Discusses the extent to which the Federal Court will order a compliance program to be entered into by a defendant in breach of the TPA	1999	April	129
CONSUMER LAW • Discusses the extent to which the Federal Court will order a compliance program to be entered into by a defendant in breach of the TPA	1999	April	131
EMPLOYMENT LAW UPDATE • Redundancy pay • When is it payable? • If payable, what is an appropriate measure	1999	April	132
SUPERANNUATION LAW UPDATE • Business tax reform • Impact on superannuation • Risk to exemption of pension income • Abolition of contribution transfer	1999	April	135
MANAGEMENT • Present organisation practices & policies that have been developed that serve as a model for layoff implementation and management • If adopted and implemented correctly, these practices and policies can form the foundation of a downsizing strategy · Gives a short historical perspective on how & why downsizing has become the wave of the 80s and 90s and what it means for future business	1999	April	139
ELECTRONIC COMMERCE: RECORDS AND THE LAW • Security • E-money • Electronic cash • Funds transfer • Stored value cards • Customer issues	1999	April	142
ANOTHER EXCLUSIVE TO ALL CICSA MEMBERS	1999	May	146
ICSA INTERNATIONAL • Downsizing is no longer just a passing fad • The overseas experience • Negative consequences of retrenchment • Retrenchment packages • Voluntary retrenchment	1999	May	148
SECRETARIES CASEBOOK • This case examines questions of negligence and contributory negligence by subsidiary company directors and others • Negligence by subsidiary boards	1999	May	151
NEWS IN BRIEF • Tax office to scrutinise company losses • Transfer pricing for services in multinationals	1999	May	152
ASPECTS OF AN ELECTRONIC RECORDS RETENTION POLICY • The need for policyh Effect of unintentional destruction • Protection from claims arising	1999	May	154
THE YEAR 2000 PROBLEM • Our recommended approach to the problem and the review process • The directors’ duty of enquiry Disclosure requirements in annual reports and prospectuses • Due diligence considerations in asset or company acquisitions	1999	May	156
OPERATIONAL ELEMENTS OF COMPLIANCE PROGRAMS UNDER AS3806 • Identifying issues • Procedures and implementation Handling complaints • Records • Identification and rectification • Systematic and recurring problems • Reporting • Management supervision •	1999	May	160
THE YEAR 2000 INFORMATION DISCLOSURE BILL 1999 • Outline of the Bill • Disclosure statements • Scope of protection Application and comment	1999	May	164
WALKING THE DIRECTORSHIP TIGHTROPE • Corporations Law obligations • Voidable transactions with which the Director needs to be concerned	1999	May	166
ENVIRONMENTAL TRANSPARENCY • There are currently no firm & consistent reporting guidelines to provide information linking environmental performance with accounting information • Discuss development of information systems that are being utilised within an industry group to provide “transparency” on enviromental performance • To aid this discussion, the contents include a section of the results from a study that commenced in 1994	1999	May	169
CORPORATIONS LAW UPDATE • CLERP Alert • Shareholders’ liability • Service of documents on companies • Listing rules and foreign law	1999	May	174
TAXATION LAW UPDATE • A GST case study of the transport industry	1999	May	178
CONSUMER LAW UPDATE • Arbitration proceedings and restrictive trade practices issues under Part IV of the TPA • The questions of the arbitration of trade practices issues arose for decision once again in Petersville Ltd v Peters (WA) Ltd • This case however involved an evaluation of whether competition issues could be privately arbitrated • Prior cases have related to the arbitration of questions relating to misleading or deceptive conduct	1999	May	182
EMPLOYMENT LAW UPDATE • Surveillance Devices Bill: Who is watching whom? • Privacy in general • Listening Devices Act 1969 • Surveillance Devices Bill • Listening and optical devices • Tracking devices • Data surveillance devices • Other provisions of the Bill • Liability of a person involved in management of bodies corporate • Publication of information and the media	1999	May	184
MANAGEMENT • Discipline can be negative or positive • Positive discipline requires a rethink of traditional ways • In the context of current workforce expectations, new ways can produce better results	1999	May	187
DIGITAL MONEY • The Internet is a global marketplace for electronic commerce which requires (among other things) secure and reliable payment systems • Early Internet payments based on insecure transmission and storage of credit card details have not generated enough confidence • Digital coins and cheques are two software-based payment mechanisms for the Internet which permit micropayments and direct offshore banking • Public/private key cryptography can be used to give a high degree of assurance of the genuineness of a digital coin or cheque • Counterfeiting of digital coins is unlikely due to cryptographic protection • Pots-Wallis legislation implements prudential regulation of issuers of electronic stores on value	1999	May	190
PRESIDENT'S SPEECH AT THE AGM • Discusses what the Institute's Board sees as developing over the next year or so	1999	June	196
SECRETARIAL PRACTICE • Board composition has generated significant comment over the past few years • Board composition is not, however, a relevant issue from a legal perspective	1999	June	197
ICSA INTERNATIONAL • Compliance Office - a new career pathway for MAICSA members • The concept of compliance officer • Roles and position of a compliance officer • Duties and functions of a compliance officer	1999	June	198
NEWS IN BRIEF • Small business assisted with access to the legal system • caution urged on the end-of year tax investments • Australia leads global risk revolution	1999	June	202
THE WORK PLACE RELATIONS ACT • The federal Workplace Relations Act 1996 (WRA) substantially commenced on 31 December 1996 • It made a number of significant changes to industrial relations regulation • It is now possible to make a considered assessment about how it has operated in practice	1999	June	204
MAINTENANCE ELEMENTS OF COMPLIANCE PROGRAMS UNDER AS3806 • Education and training • Visibility and communication • Monitoring and assessment • Review • Liaison • Accountability	1999	June	206
CORPORATE RESPONSIBILITY IN A COMPETITIVE WORLD • Concepts of 'shareholder' and stakeholder' only really differ in their timespan • Real corporate responsibility lies in taking the longer view when seeking economic gains • Successful US and German experience reflect a competitive model for local companies	1999	June	208
AN INSTITUTE INTERVIEW WITH DAVID BUCKINGHAM • Concentrates on broader policy issues confronted in the current tax reform exercise • Examines the role the business community might play in this context	1999	June	211
THE ELECTRONIC TRANSACTION BILL 1999 (CTH) • Background to the Bill • Core provisions • Supporting provisions • Limitations of the Bill	1999	June	214
CORPORATIONS LAW UPDATE • CLERP Alert • Compulsory acquisition of later issued shares • Signing and attestation • Director authority to bind a company	1999	June	218
CONSUMER LAW UPDATE • Two illuminating precedent cases regarding class actions and what constitutes a 'class'	1999	June	222
ENVIRONMENTAL LAW UPDATE • Greenhouse gas emissions - National trading scheme • Progressive implementation of new planning regime • Working towards uniform guidelines for contaminated site assessment • Contaminated land - Recent NSW and Victorian initiatives	1999	June	225
EMPLOYMENT LAW UPDATE • Those who employ employees with a disability need to be aware of their obligations under the DD Act • Failure to make the reasonable adjustments required to ensure disabled employees are given opportunities like others, may be discrimination	1999	June	228
SUPERANNUATION LAW UPDATE • New superannuation fund investment rules announced • Year end tax planning	1999	June	231
MANAGEMENT • Sexual harassment complaints • Gathering the facts • Conducting interviews • Preparing a report	1999	June	235
WEB SITES AND THE QUESTION OF INTELLECTUAL PROPERTY RIGHTS • Copyright • Trade marks 'Cyberstuffing' • Hyperlinks • Hijacking	1999	June	238