Showing posts with label Morrison Government. Show all posts
Showing posts with label Morrison Government. Show all posts

Saturday 9 March 2019

Tweets of the Week



Friday 22 February 2019

People in rural and regional Australia – those bearing the brunt of climate change, drought, floods, limited services and inadequate infrastructure – deserve to know how the Morrison Government is spending their hard-earned tax dollars


Scratch the surface of that mismanaged super federal government department – the Dept. of Home Affairs in the portfolio of Minister for Home Affairs & Liberal MP for Dickson Peter Dutton – and one finds disturbing information.

Usually this information concerns the abuse of detained asylum seekers' human rights, including right to timely medical treatment and legal advice/representation.

This latest concerns a corporate entity variously identified as the Paladin Group (Paladin Australia Pty Ltd, formerly Paladin Group Pty Ltd, High Risk Security Group (Asia-Pacific) Pty Ltd, Nepean Bay SA), Paladin Solution PNG Ltd (Nepean Bay SA) and Paladin Holdings PTE Ltd (Singapore) and its est. $423 million in federal government contracts paid for from the taxpayer's dollar.

It is Paladin Holdings PTE Ltd out of Singapore (reportedly owned by Craig Trupp and Ian Stewart) which now appears to hold the primary government contract.

Despite Paladin's thin capitalisation, despite lack of corporate transparency, despite allegations of poor service delivery, despite Craig Trupp/s less than stellar business history and the fact that it appears he is no longer allowed entry to Papua New Guinea and despite another director of Paladin Solutions PNG Ltd allegedly being investigated for fraud/money laundering the Dept. of Home Affairs continues to make exclusive contacts with the Paladin Group.

This Paladin contract is fast shaping up as the new catchphrase for suspected political corruption………..

Paladin premises, Port Moresby. Image Dan Ilic
Financial Review, 17 February 2019:

The family of one of PNG's most powerful politicians is directly benefiting from Paladin's $423 million worth of security contracts on Manus Island, awarded by the federal government in a closed tender.

Documents released under Freedom of Information show in January last year Paladin Solutions PNG entered into an agreement with Peren Investment, a company controlled by the brothers of PNG's parliamentary speaker, Job Pomat.

Mr Pomat is the local member for Manus, a key ally of Prime Minister Peter O'Neill and deputy leader of the ruling People's National Congress. His family are among those who claim traditional ownership of the land where the refugees are being housed.

The agreement, for local employment and the provision of other services, came just a month after landowners blockaded the refugee transit centre in December 2017, demanding a greater share of the money being spent on the island.

When asked about any link between Paladin and PNG politicians, Attorney-General Christian Porter said it was not in his portfolio area, but such claims warranted further investigation.

"I don't have any line of sight into those sorts of claims and they have to be investigated thoroughly," he told the ABC's Insiders program on Sunday.

The issue is set to be examined further at Senate Estimates hearings on Monday and Tuesday, after a series of articles in the The Australian Financial Review raised questions about how the thinly capitalised Paladin, which had little experience, a poor reputation and no corporate structure, was awarded such a lucrative contract.
The contracts were awarded as part of a "limited tender", which typically means only one party was invited to bid.

In the days following the first Financial Review articles Paladin shuffled its ownership structure, removed information from its website and changed its Australian registered office from a beach shack on Kangaroo Island to a serviced office in Canberra. That office did not have the phone connected on Friday.

Financial Review, 15 February 2019:

One issue that raised concern was Paladin's peculiar head office set-up. The Kangaroo Island address had no listed phone number and could not receive mail from Australia Post, highlighting a general air of secrecy around the company.

The Financial Review, 13 February 2019:

Home Affairs Minister Peter Dutton has moved to distance himself from a controversial government contractor that is providing security on Manus Island, arguing he had "no sight" of the tender process and it was a matter for department officials.

In the first public comments since The Australian Financial Review revealed little-known company Paladin was earning up to $17 million a month to provide security at three refugee centres on Manus Island after a closed tender process, Mr Dutton said those responsible were "the secretary of the department ultimately or delegated to someone within the department".

The Financial Review, 11 February 2019:

The key beneficiary of a $423 million government contract to provide security for refugees on Manus Island left a string of bad debts and failed contracts across Asia, raising further questions about how the Paladin group won such a lucrative tender.

As pressure builds on the government to explain the hefty cost of its offshore processing regime, further details have emerged about the Paladin founder, Craig Thrupp, and his time in East Timor and Indonesia.

The Financial Review, 10 February 2019:

As federal Parliament prepares for another fractious debate around refugees on Monday, an investigation by The Australian Financial Review has found the Department of Home Affairs overlooked allegations of deception, lying during the tender process and questionable payments when it extended Paladin's contract on January 3. These allegations emerged during a bitter legal dispute between Paladin and its former chief executive for PNG, Craig Coleman, who is suing the company for breach of contract.

In addition, Paladin's founder and key executive, Craig Thrupp, is no longer able to enter PNG, while another local director, Kisokau Powaseu, was detained in Port Moresby last month and charged with misappropriating funds and money laundering……

Paladin, controlled by Mr Thrupp, a former Australian soldier, and his business partner Ian Stewart, has also recently purchased the contentious PNG security outfit Black Swan, a company repeatedly forced to deny rumours it has links to the family of Prime Minister Peter O'Neill…..

"Australian taxpayers are expending a huge amount of money but we don't see much of it being utilised on the ground in Manus," said Abdul Aziz, a Sudanese refugee who has been on the island for five years.

"The maintenance service is very poor … and they have not bought any new equipment in many years," says Mr Aziz.

This was confirmed by a UNHCR report published last July which noted rooms at the East Lorengau camp were below international shelter standards for accommodation over three months, while other areas had leaking pipes, a lack of fire alarms and showers that were not working.

The report did however note improvements in other areas like the ratio of toilets and the general accommodation conditions in other camps.

Calculations by the Financial Review indicate Paladin is being paid on average $20.8 million a month by the government to provide security at all three sites and manage the East Lorengau Transit Centre. That amount has risen 48 per cent from an average of $14 million a month last year. A Home Affairs spokesperson said there were now 422 people housed at the three camps – 213 at East Lorengau, 111 at West Lorengau and 98 asylum seekers at Hillside Haus.

That means on a daily basis it now costs the Australian government over $1600 to house each refugee on Manus, not including food and welfare services, more than double the price of a suite at the Shangri-La hotel in Sydney.

Typically, profit margins are as much as 40 per cent on these contracts because of the risks involved. However, Paladin's margin is "unbelievable", according to one source familiar with the this type of work. That's because the company uses mostly local staff and its security guards earn about $2 an hour.

The company is believed to have just over a dozen expatriate staff, who might be earning $150,000 each. Home Affairs says it provides security, transport, IT services and emergency management. Even if you build in generous contingencies for evacuations, emergency response teams and local consultants, Paladin's total costs are estimated to be less than $3 million a month. That means they are pocketing more than $17 million a month to manage the East Lorengau centre and secure the three camps, which have been used as primary accommodation for refugees and asylum seekers since the offshore processing centre at the nearby Lombrum naval base was closed in October 2017.

The Guardian, 17 February 2019:

Penny Wong has indicated Labor will target the Paladin offshore detention security contract in Senate estimates this week, accusing the government of failing to explain why the company was awarded $420m in contracts through closed tender…..

Wong told reporters in Adelaide the Paladin contract had “a lot of questions around it” and it was “deeply concerning” a company with “such a poor track record” was awarded $420m.

Wong accused Porter of giving answers that were “not consistent” with Dutton’s because “this went to a closed tender – not an open tender, [it was] not an open competitive process”.

Wong accused Dutton of “trying to wash [his] hands of it”. “Tomorrow is Senate estimates – what I’d say to the government is: stop hiding.

“Why don’t you front up and tell the truth about why that contract is awarded in such circumstances, why it went to closed tender?”

Financial Review, 18 February 2019:

Paladin, the security firm at the centre of the $423 million contract scandalhas a secret office in Canberra, just three kilometres from Parliament House.

The Australian Financial Review visited an office location near the fashionable Kingston Foreshore precinct in which Paladin staff are based.

That address, however, is different to the Canberra location that was provided to corporate regulators as the company's registered office and principal place of business, in a filing last week.

Paladin had previously advised the corporate regulator that its registered office and principal place of business was a remote location on Kangaroo Island in South Australia that had no post box and was therefore unable to receive mail.

But as coverage of the secretive company, which has been awarded contracts totalling $423 million to provide security on Manus Island, has intensified, Paladin has since made changes to its address and shareholder structure.

Paladin Australia notified regulators that its shareholding had transferred from the company's Hong Kong-registered entity to the Singapore company, which is the entity granted a government contract worth $333 million. The company is owned by 38-year-old, Canberra-born former soldier CraigThrupp and 41-year-old Ian Duncan Stewart.

On Thursday, Paladin Australia also changed its registered address to a serviced office in the suburb of Barton. As of Friday, the company had not been set up with phones to receive calls.

But sources with knowledge of the company, said Paladin actually operated out of another Canberra location on Eyre Street in the Kingston district.

That address is two kilometres away from the Servcorp address provided to regulators.

There's no signage or branding of any kind outside the office and apartment block and the ground floor workspaces are covered by heavy blinds.

When the Financial Review buzzed the intercom for the unmarked offices on the ground floor, a woman answered and Mr Thrupp came to the entrance.

He did not identify himself or make any comment before going back inside the locked entrance.

Staff walked back and forth between the two secure office areas, using electronic access cards to enter and exit.

The secret office location raises further questions about Paladin and its apparent attempts at hiding its principal place of business.

Paladin's previously registered office in Kangaroo Island had no mail box, which made it near impossible for the company to receive mail and be served legal documents.

Financial Review, 19 February 2019:

Paladin affair: Fact-checking what Home Affairs said in Senate Estimates

The beach shack

Home Affairs dismissed Paladin having its Australian head office at a "beach shack" on Kangaroo Island as unimportant, saying that entity was not involved in the Manus Island contract.

Court documents show Paladin's former chief executive, Craig Coleman, who was the project director for Manus Island and exercised control over the Commonwealth contract was employed by the Australian company, which was registered to that beach shack on Kangaroo Island.

In November 2017, two months after Paladin Solutions signed its first letter of intent with the Australian government it registered with Australian regulators as a foreign entity. The registered office it provided was the "beach shack". Both directors provided this location as their address.

Fraud and money laundering

Home Affairs said the Paladin director Kisokau Powaseu who has been charged with 106 counts of fraud and one of money laundering was not a director of any entities contracted to the Commonwealth.

Under questioning Home Affairs conceded Mr Powaseu was a director of Paladin Solutions, the entity which received $89 million of payments after a letter of intent was signed in September 2017.

Paladin Solutions is registered in PNG and is a wholly owned subsidiary of Paladin Singapore, the entity which currently holds the $333 million government contract. Mr Powaseu was appointed a director of the company in May 2018.

In court documents relating to Paladin's dispute with its former CEO Mr Coleman, the company agrees Mr Powaseu was a director of Paladin Solutions PNG which was "engaged with the Australian government".

The Paladin web

The department expanded and contracted the Paladin group of companies at its convenience. On the issue of Powaseu, the department was quick to stress the point that this individual had no ties to Paladin Singapore, the entity contracted by the Australian government. (This was later found to be inaccurate - see the Fraud and money laundering section of this story.)

However, when the department wished to demonstrate Paladin's long track record, it was prepared to refer to other companies in the group including Paladin Solutions, Pomwan Paladin and Paladin Aus.

'Global' Company

Home Affairs also relied on Paladin's collection of subsidiaries in stressing it was "a global company" with clients across the region. Deputy secretary Cheryl-Anne Moy said Paladin has "a very extensive and a very experienced operation" listing among its key clients the Australian Defence Force, which used it for APEC security support and the Department of Foreign Affairs and Trade for which it had provided security in Port Moresby for nearly three years.

The department later clarified that those clients had come to the firm via Paladin's mysterious purchase of one of PNG's biggest private security firms, Black Swan, in July last year. That was followed by an interjection from one of the senators who said the purchase had come about because "you gave them so much money." At the time the government awarded Paladin the sizeable contract, it did not have these clients.

Home Affairs also conceded Paladin's lack of experience in dealing with sizeable contracts had been one of the risks identified during the tender process. While Paladin had been operating on Manus Island, as a subcontractor to Broadspectrum and Wilson Security, these had been much smaller contracts.

In his statement of claim, former CEO Mr Coleman claimed just three weeks before being awarded the September 2017 contract Paladin was "not well prepared to perform the role provided for under the Proposal".

"Paladin did not have the corporate structure, human and other resources or processes that would permit it … to perform the roles required under the Proposal," he alleged.

Money up front

When asked whether Paladin was advanced $10 million of funds by the government prior to delivering services as part of the contract, Home Affairs initially said this was false.

Upon further questioning, it emerged Paladin was paid $5.5 million as part of a letter of intent ahead of any services it provided and subsequently received further payments totalling $89 million before a formal contract had been agreed.

Access denied

Home Affairs said it had to check whether it was made directly aware Paladin managing director and part-owner Craig Thrupp was unable to enter PNG.
That is despite the PNG government confirming on Monday "the visa of one of the directors of the company [Paladin] was cancelled because of the company not adhering to the government's position on recruitment of local labour".


Paladin also confirmed to the Financial Review a week earlier Mr Thrupp's APEC Permit (a regional visa) had been cancelled and said since then he had not attempted to enter PNG…..

BACKGROUND

Australian Government, AusTender, retrieved 18 February 2019:

CN ID: CN3496748-A2
Agency: Department of Home Affairs
Amendment Publish Date: 3-Jan-2019
Category: Management support services
Contract Period: 28-Feb-2018 to 30-Jun-2019
Contract Value (AUD): $333,546,146.40
Amendment Value (AUD): $109,239,312.00
Amendment Start Date: 1-Jan-2019
Description: Garrison Services at ELRTC & additional sites PNG
Parent CN: CN3496748
Procurement Method: Limited tender
Limited Tender Condition: 10.3.e. Additional deliveries by original supplier intended as replacement parts, extensions, or continuation for existing goods or services for compatibility.
Confidentiality - Contract: No
Confidentiality - Outputs: No
Consultancy: No
Agency Reference ID:0070021821
Supplier Details
Name: PALADIN HOLDINGS PTE LTD
Postal Address: 4 Battery Road China Building
Town/City: Singapore
Postcode: 049908
State/Territory: Outside Australia
Country: SINGAPORE
ABN: Exempt
____________________________________
CN ID: CN3496748-A1
Agency: Department of Home Affairs
Amendment Publish Date: 29-Oct-2018
Category: Management support services
Contract Period: 28-Feb-2018 to 30-Jun-2019
Contract Value (AUD): $224,306,834.40
Amendment Value (AUD): $47,430,000.00
Amendment Start Date:
1-Nov-2018 Description: Garrison Services at ELRTC & additional sites PNG
Parent CN: CN3496748
Procurement Method: Limited tender
Limited Tender Condition: 10.3.e. Additional deliveries by original supplier intended as replacement parts, extensions, or continuation for existing goods or services for compatibility.
Confidentiality - Contract: No
Confidentiality - Outputs: No
Consultancy: No
Agency Reference ID: 0070021821
Supplier Details
Name: PALADIN HOLDINGS PTE LTD
Postal Address: 4 Battery Road China Building
Town/City: Singapore Postcode: 049908
State/Territory: Outside Australia
Country: SINGAPORE
ABN: Exempt
____________________________________
Provision of Garrison Services at East Lorengau Refugee Transit Centre, Manus
CN ID: CN3470670
Agency: Department of Home Affairs
Publish Date: 27-Nov-2017
Category: Management support services
Contract Period: 21-Sep-2017 to 28-Feb-2018
Contract Value (AUD): $89,243,817.76 [contract value delivered by four separate letters of intent as per Senate Estimates Legal and Constitutional Affairs Legislation Committee evidence on 18.02.2019]
Original: $39,743,817.76
Description: Provision of Garrison Services at East Lorengau Refugee Transit Centre Manus
Amendments:
CN3470670-A2 - change to contract term & value (23-Feb-2018)
Amendment Value (AUD): $16,500,000.00
CN3470670-A1 - Increased value and extended end date (28-Dec-2017)
Contract Value (AUD): $72,743,817.76
Procurement Method: Limited tender
Limited Tender Exemption: Paragraph 2.6 was applied in some part. [This contract was a direct approach to Paladin by way of an initial special measures arrangement as per Senate Estimates Legal and Constitutional Affairs Legislation Committee evidence on 18.02.2019. A departmental decision was later taken to include future contacts with Paladin Holdings Singapore as special measures rather than conduct open tenders]
ATM ID: RFQ1750034
Confidentiality - Contract: No
Confidentiality - Outputs: No
Consultancy:No
Agency Reference ID: 0070020581
Supplier Details
Name: PALADIN SOLUTIONS PNG LTD
Postal Address:
PARK TOWER ANNEX, SECTION 25, ALLOTMENT 35, HUNTERS STREET, GRANVILLE
Town/City: NATIONAL CAPITAL DISTRICT
Postcode:125
State/Territory: Outside Australia
Country: PAPUA NEW GUINEA
ABN: Exempt

Thursday 7 February 2019

The truth about dividend imputation/franking credits that Morrison and Co are not telling you


“Example – low taxable income A self-funded retiree couple has a $3.2 million super balance, plus their own home, and $200,000 in Australian shares held outside super. Even after drawing $130,000 a year in superannuation income, and $15,000 a year in dividend income, they would report a combined taxable income of $15,000, and pay no income tax at all.” [Australian Labor Party, Fact Sheet, 2018]

In 1987 the Hawke Labor Government introduced legislation which changed taxation law regarding dividend imputation/franking dividends.

In order for tax on dividends not to be paid twice – once by the company issuing the dividends via underlying company tax on profits and once by the shareholding receiving those dividends – it introduced franking credits. Whereby the tax on dividends for which the shareholder has previously been liable was credited to them for use in a given financial year to offset all or part of their tax liability for that year*.

Any excess franking credits could not be used as there was no shareholder tax liability remaining to which these credits could be applied and, therefore no chance that any dividends were being taxed twice.

In 1997, 1999 and 2000 the Howard Coalition Government changed the rules on franked dividends until by July 2000 excess franking credits became fully refundable and a great many shareholders began to receive cash tax rebates from the Australian Taxation Office (ATO) for taxation that they had never personally paid.


CommSec explains the franking credit system this way (retrieved 4 February 2019):

Dividends are paid out of profits which have already been subject to Australian company tax which is currently 30%. This means that shareholders receive a rebate for the tax paid by the company on profits distributed as dividends.
These dividends are described as being 'franked'. Franked dividends have a franking credit attached to them which represents the amount of tax the company has already paid. Franking credits are also known as imputation credits.
You are entitled to receive a credit for any tax the company has paid. If your top tax rate is less than the company's tax rate, the Australian Tax Office (ATO) will refund you the difference.
Case study: James receives a tax refund

James owns shares in a company. The company pays him a fully franked dividend of $700. His dividend statement says there is a franking credit of $300. This represents the tax the company has already paid. This means the dividend, before company tax was deducted, would have been $1,000 ($700 + $300).

Come tax time, James must declare $1,000 (the $700 dividend plus the $300 franking credit) in his taxable income. If his marginal tax rate was 15%, he would have paid $150 tax on the dividend. Because the company has already paid $300 in tax, James will receive a refund of the difference, which is $150.

If James was in a higher tax bracket he may not have been entitled to a refund of any of the franking credit, he may even have to pay additional tax. However, if he is a low [taxable] income earner, it is possible to be refunded the full amount of the franking credit…..

Refunding of excess imputation credits

The refund applies when your total imputation credits that are attached to your franked dividends paid exceeds your basic income tax liability for the year.

A cash amount can be refunded to you reflecting the amount of excess imputation credits, after applying them and any other tax offsets to which you are entitled to. This will in turn reduce your basic income tax liability to zero.

If you are required to lodge an income tax return, you can use it to claim a refund of excess imputation credits. If you are not required to lodge a tax return, the refund is available on application.

In other words, if “James” after deducting all other tax concessions available to him finds himself with zero tax liability then since July 2000 he has been able to claim a cash tax rebate from the ATO on tax he has never personally paid.

There are an estimated 1.1 million shareholders receiving this type of rebate on a tax they haven’t paid and they are currently costing the Australian Government well in excess of $5.9 billion each year. 

That’s billions of dollars that should rightly remain in Treasury to help cover the costs of things like national infrastructure, defence, health, education, aged care, pensions and other social services.

In 2017 the Labor Opposition announced that if it won government in 2019 it would return the franking credit rules to their original intent and no longer allow excess franking credits to be realised as ATO cash tax rebates – with the exception that shareholders who also receive a Veterans Affairs or Centrelink full or part age pension or an allowance would still receive a full cash tax rebate for their excess franking credits commencing July 2019.

Whenever Prime Minister Scott Morrison, Treasurer Josh Frydenberg or one of his other cabinet ministers and backbenchers like the MP for Goldstein Tim Wilson open their mouths on the subject of excess franking credits they are very careful not to let truth escape their lips - until such time as they get found out.

A case in point is Tim Wilson's financial interests. A subject which became sensitive once his irregular behaviour as Chairman of the Standing Committee on Economics'  
Inquiry into the implications of removing refundable franking credits became public knowledge.

This is a snapshot of a part of his financial interests. As a 50 per cent holder of equity in at least two investment/superannuation funds which may benefit from excess franking credits:

Register of Members Interests- 45th Parliament - Tim Wilson, excerpt February 2019




Tim Wilson is also an investor in funds run by Wilson Asset Management, a firm founded and chaired by Geoff Wilson with $3 billion in funds under management Under an entry listed as a 'shareholding', Mr Wilson's register of parliamentary interests shows he and husband Ryan Bolger invested in a Wilson Asset-managed fund in May 2017 through the couple's self-managed superannuation fund. They invested in another Wilson Asset fund, WAM leaders, in December 2017.

It has been further reported in mainstream media that Chairman & Chief Investment Officer of Wilson Asset ManagementGeoff Wilson, is in fact a relative of Tim Wilson and, that during one public hearing Geoff Wilson gave evidence before Tim Wilson as inquiry chairman and neither declared their personal or financial relationship. 

Indeed, Tim Wilson could now be considered ethically compromised  in his role as Chairman of the Standing Committee.
Australian Parliament, House of Representatives Practice 6th Edition


Wilson is a politician whose statements and opinions on excess franking credits cannot be trusted, heading a a parliamentary inquiry whose formal report and findings cannot be trusted.

So it is up to every voter to acquaint themselves with the facts. Make Internet search engines your friends between now and the May 2019 federal election if you want the facts on legislation and policy which is being debated in the media.
* Currently an individual's personal tax liability is calculated only on income above the first $18,200 which is exempt from taxation.

Monday 14 January 2019

The Morrison Government has given permission for oil and gas exploration in NSW coastal waters by a company set up as a tax minimisation ploy


Those Liberal-Nationals MPs and senators preparing to return to Canberra late next month appear determined to annoy NSW voters - especially those who live in coastal communities.

Having wrecked the Murray-Darling freshwater river system that runs through four states, they have now turned their eyes towards the coastal commercial and recreational fishing grounds of New South Wales.

This is how it is playing out........

Asset Energy Pty Ltd holds an 85 per cent interest in Petroleum Exploration Permit PEP11an offshore petroleum exploration lease covering 4,649 square kilometres in Commonwealth waters off the coast of New South Wales.

Asset Energy is a wholly owned subsidiary of the Melbourne-based (formerly Perth-based) mining company MEC Resources Ltd’s investee company Advent Energy Ltd.

Bounty Oil and Gas NL is the junior joint venture partner in PEP11 holding a 15 per cent interest

Newcastle Herald, 9 January 2019

In March 2018 the National Offshore Petroleum Safety and Environment Management Authority (“NOPSEMA”) gave approval for a survey which acquired high resolution 2D seismic data over the Baleen prospect, approximately 30km southeast of Newcastle, which evaluated (amongst other things) shallow geohazard indications including shallow gas accumulations that can affect future potential gas drilling operations.

NOPSEMA falls within the portfolio of Australian Minister for Resources and Northern Australia & Nationals Senator for Queensland, Matt Canavan.

That particular survey has been completed and on New Year's Eve 2018 MEC Resources informed the Australian Stock Exchange that it now intends to do 3D seismic mapping in the vicinity of the potential test drill site at the earliest opportunity.

Underwater seismic testing involves continuous seismic airgun blasts approximately every 2-3 seconds for 24 hours continuously, for days or weeks at a time. That is, such testing creates compressed air streams or focused sonic waves - in simple language, loud booms - towards the ocean floor in order to gauge the depth, location and structure of the oil or gas resources. The sounds of which can travel many thousands of square kilometres and which are known to have a negative effect on marine ecosystems.

Previous to this, on 15 May 2018 the NSW Parliament had called on the federal government to suspend Asset Energy’s permit to conduct seismic testing off the coast of Newcastle, with the NSW Minister for Resources and Energy & Liberal Party Member of the Legislative Council Don Harwin expressing a lack of confidence in Australia’s current offshore mining regulations.

The Morrison Coalition Government in Canberra appears to be ignoring NSW Government  and community concerns. Being more concerned itself with offering tax free investment opportunities to the market.1

It is worth noting that any significant Advent Energy/Asset Energy drilling rig (left) mishap has the potential for an uncontrolled release of untreated oil into coastal waters.

It is reportedly intended that one or more exploration drilling rigs should be in place sometime in 2020.

MEC Resources (formerly MEC Strategic Ltd) is a registered corporation which only been in existence for the last thirteen years and for the last three years there has been a bitter rift between the board and certain shareholders involving repeated calls for removal of the entire board, with the last call for a spill occurring in November 2018. The company was also involved in a dispute with a former managing director, as well litigation involving a $295,000 loan.

One of the shareholder bones of contention appears to be the cost of exploration in PEP11. On 31 October 2018 MEC Resources informed the stock exchange that a cost reduction plan remains in place to ensure all costs are reduced wherever possible.

Questions raised about the rigour of offshore mining regulations covering PEP11 and an oil & gas exploration company determined to cut costs. What could possibly go wrong? 

Concerned readers can sign Stop Seismic Testing Newcastle's change.org petition to Minister Canavan and NOPSEMA here.

Footnotes

1. www.mecresources.com.au, Tax Advanatges, retrieved 10 January 2018:

MEC is a registered Pooled Development Fund (PDF). PDF shareholders pay no capital gains tax on the sale of their PDF shares. Investors who receive dividends will also be exempt from income tax on dividends.

This can be particularly attractive to both traders and investors, since any profits derived from trades or investments are tax-free or low tax. The Pooled Development Fund Programme was established by the Federal Government to develop the market for patient venture capital for growing small and medium enterprises and to provide a concessional tax regime to encourage such investments. Any capital losses on the sale of PDF’s are not deductable.

To encourage investors, the government offers tax benefits to both the PDF and its shareholders as follows:
capital gains made by PDF shareholders are not taxable,
shareholders can elect to treat dividends paid by a PDF as tax free,......

PDF’s tend to invest in a portfolio of growing companies, thereby potentially reducing investors’ risk through diversification. Investee companies have the potential to become listed companies in their own right, which has the possibility of providing investors with attractive returns.

This is not a complete list of the taxation issues surrounding Pooled Development Funds. For further information please contact AusIndustry.

See  Pooled Development FundsAct 1992 as amended up to September 2018.