When did Australia turn into a nation of cheats?

In October this year the Australian Tax Office appeared before a bi-annual hearing of the Joint Committee of Public Accounts and Audit and explained its approach to companies which were liquidated then reformed, as a new company using the same assets, in order to avoid meeting debt obligations to creditors and employees:

Phoenix activity

In 2008-09, we maintained a focus on those who engage in Phoenix activities, and intervened earlier to ensure the liabilities of current entities were kept up to date and paid on time. We ran a targeted letter/phone campaign directed to those who appeared at risk for repeat Phoenix behaviour.
The Tax Office, the Australian Securities and Investments Commission and the Treasury are working together to identify a range of potential legislative remedies that could help us better address fraudulent phoenix behaviour.
Since 2000, ten company directors have been prosecuted for phoenix-related offences, arising from Tax Office referred matters. An additional four briefs of evidence are currently with the Commonwealth Director of Public Prosecutions (CDPP), with charges laid in relation to three matters. The are currently five potential prosecution cases in the pipeline for referral to the CDPP.
During 2008-09, 124 phoenix cases were finalised raising $83.3 million in tax and penalties. [ATO submission to the Joint Committee dated 19 October 2009]

Since then Adele Ferguson writing in The Brisbane Times and The Age has revealed that:

CORPORATE Australia is littered with company directors who have managed to survive multiple company failures, a trend that suggests illegal ''phoenix'' companies are on the rise.
Research compiled exclusively for BusinessDay by Dun & Bradstreet indicates a 25 per cent jump in the number of companies entering external administration during the 2009 financial year that had at least one director who had already been involved in a wound-up business.
Even more alarming, of the 10,264 companies that went belly up in the year to June 30, a staggering 43 per cent involved companies with directors of previously wound-up companies.
The research indicates the worst offenders tend to gravitate to the building and construction sector, employment agencies, labour hire, security and infrastructure.

and

Using a database of 2.8 million credit-active entities in Australia, Dun & Bradstreet revealed an 18 per cent surge in companies entering external administration in 2009. At least one director had previously been involved with four wound-up entities.
Dun & Bradstreet's chief executive, Christine Christian, said the research showed that directors on the board of a company that has gone into external administration were 250 per cent more likely to be involved in an insolvent wind-up in the following 12 months.

Phoenix companies are not a new phenomena as the answer to a 2005 Question on Notice by the then Member for Barton Robert McClelland confirms:

The Commissioner of Taxation advised me that since 1998 the Tax Office has maintained a planned and co-ordinated focus on individuals who use, or promote the use of, successive company structures to intentionally evade payment of taxes. A major focus of the Tax Office has been on serial (Phoenix) offenders who use deliberate and fraudulent methods to avoid their obligations.

This type of business activity is not unknown on the NSW North Coast and in recent years has cost the local workforce and retirees with small investment portfolios dearly in some instances.

The length of time the problem has been a highly visible issue combined with the low number of prosecutions and often risible court-imposed penalties leads to the following questions:

• Is it really good enough for the Australian Tax Office and Directors of Public Prosecutions to clearly place a sustained regime of prosecuting phoenix activity repeat offenders in the too hard basket?
• Has cheating creditors and employees become an accepted method of conducting business in Australia?
• Now that the Member for Barton is Australia's Attorney General, what is he going to do about the holes in corporate law which are allowing dishonest company directors to get away with this blatant form of theft?

The lights weren’t on, but Monsanto was at home

MADGE Australia and friends went to see Monsanto and came away with a story to tell:

Monsanto turned out the lights yesterday after the ladies of MADGE Australia, Cropwatch, and Gene Ethics arrived to deliver bags of GM canola roadside weeds.

Agri-chemical giant Monsanto is the patent holder of the GM Roundup Ready canola crop recently planted in Australia. Bob Phelps of Gene Ethics also attended.

After obligatory photos in the Monsanto lobby, the ladies went to the door. It was locked. Then the Monsanto lights went out.

MADGE Australia's Madeleine Love explained the visit.

"The GM weeds were Monsanto's property, and they were on our roadsides. We'd prefer not to be cleaning up, but we didn't want to leave them there to contaminate GM free crops."

"They were physically removed from beside farmer Gai Marshall's GM free canola crop near Berrigan, NSW. There are many more, further up the road."

"Monsanto was told about their GM weeds, but they didn't come and clean them up.

Monsanto has a record of suing farmers who accidentally have these GM plants on their property [Percy Schmeiser]."

"We don't know anyone in Australia who would want GM weeds, so we were returning them to their owners. Strangely, Monsanto didn't seem to want them either."

* This post is part of North Coast Voices' effort to keep Monsanto's blog monitor (affectionately known as Mr. Monsanto) in long-term employment.

Rees and NSW Labor Party pledge to forego political contributions from developers, but will the Opposition agree?

The Daily Telegraph on 15th November 2009:
"Developers are the biggest donors to NSW political parties, feeding suspicions that public policy-making could be bought. In the lead-up to the 2007 election, developers donated $8.2 million to the ALP and $4.4 million to the Liberal Party.
Mr Rees said it was time to end the perception that politicians were hostage to developers' interests.
"From today, the NSW Labor Party will ban donations from developers,'' he said.
"It will cover all members of NSW Parliament, all local councillors and all party units and organisations.
"Delegates, the reason for all these measures is simple _ it's time for a fresh start.
"One way or another, the next State election will be conducted under a public funding model.
"The era of big donations is over.''

But will the Libs, Nats and right-wing minor parties block this move in the NSW Parliament?
Will they keep their options open to yell "Corruption!" during the election campaign?

What do the latest Australian Government sea level rise projections mean for the Clarence Coast?

The latest Australian Government sea level rise projections contained in the November 2009 Climate Change Risks to Australia's Coasts report indicate that:

Between 40,800 and 62,400 residential buildings in New South Wales may be at risk of inundation from a sea-level rise of 1.1 metres and storm tide associated with a 1-in-100 year storm. The current value of the residential buildings at risk is between $12.4 billion and $18.7 billion.....

Inundation analysis is based on 1.1 metres of sea-level rise using medium resolution elevation data.
A storm tide allowance (1-in-100 year event) based on CSIRO modelling is included in the analysis for Tasmania, Victoria and New South Wales, although storm tide values for New South Wales are likely to be underestimates as they do not include a wave setup component.

What does this mean for the Clarence Coast in Northern NSW?

At first glance these projections indicate that the coastal and estuary zones may face:

(i) a loss of beach and foreshore along the length of Bundjalung National Park;

(ii) loss of all Yamba coastal beaches;

(iii) loss of most of Hickey and Dart islands as well as other smaller lower Clarence River islands;

(iv) the one road into and out of Yamba permanently breached by estuary waters at multiple points;

(v) loss of foreshore and part/all of some residential properties in the Crystal Waters-West Yamba area;

(vi) loss of foreshore and part of residential and agricultural properties on Palmers, Goodwood and Micalo islands;

(vii) loss of foreshore and part of residential properties in Iluka, Marandowie Drive permanently breached by estuary waters;

(viii) loss of beach and/or foreshore in parts of Yuraygir National Park;

(ix) loss of foreshore at Brooms Head, Sandon and Red Rock;

(x) loss of foreshore and residential property in Wooli; and

(xi) loss of some foreshore on both sides of the Clarence River up to Maclean and beyond to Brushgrove; and

(xii) possible inundation of part of the Pacific Highway passing through the Lower Clarence.

* Interactive seal level rise map here.

* Interactive map showing estimated altitudes here.

Don't be alarmed. It's just the CIA - hunting toads!

Conservation In Action (CIA) Landcare volunteers and NPWS staff will be out at night across the Clarence Valley in organised cane toad hunts this summer. In an effort to reduce the numbers of this introduced pest which decimates local frog and reptile populations where ever it establishes a permanent presence.

If you would like to join these volunteers:
Phone: 0411 020 394
Email: toads@cvcia.org.au or Sharon@cvcia.org.au
Website: www.cvia.org.au

Next volunteer training day/night event and hunt is Saturday 28 November 2009 (booking essential).

Contact Sharon or visit the website for details.

Why climate change science is the new Sisyphus

A NSW North Coast 'catastrophic climate change' denier in full cry when writing a letter to the editor last week.
How on earth can science counter such strongly-held belief that everyone is wrong except those who just know in their hearts that there is no such thing as man-made global warming?

NSW North Coast could lose in vicinity of 2,000 homes in latest climate change 'worst case' scenario

From the Australian Government report Climate Change Risks to Australia's Coasts released on 14 November 2009.

Number of residential building in NSW local government areas at risk of sea water inundation

Click images to enlarge

Tweed Heads inundation projections

Fighting back against gene patents in 2009

This year the American Civil Liberties Union (ACLU) and the Association for Molecular Pathology have led a court challenge to the legality of the U.S. Patent Office practice of granting patents on genes.

COMPLAINT against United States Patent and Trademark Office, Myriad Genetics, Lorris Betz, Roger Boyer, Jack Brittain, Arnold B. Combe, Raymond Gesteland, James U. Jensen, John Kendall Morris, Thomas Parks, David W. Pershing, Michael K. Young. (Filing Fee $ 350.00, Receipt Number 687779)Document filed by American Society For Clinical Pathology, College of American Pathologists, Association For Molecular Pathology, Haig Kazazian, Arupa Ganguly, Wendy Chung, Harry Ostrer, David Ledbetter, Stephen Warren, Ellen Matloff, Elsa Reich, Breast Cancer Action, Boston Women's Health Book Collective, American College of Medical Genetics, Lisbeth Ceriani, Runi Limary, Genae Girard, Patrice Fortune, Vicky Thomason, Kathleen Raker.(ama) (Entered: 05/12/2009)

According to the ACLU on 2 November 2009 and WebWire on 3 November 2009:

Several major organizations, including the American Medical Association, the March of Dimes and the American Society for Human Genetics, filed friend-of-the-court briefs in support of the challenge to the patents on the BRCA genes.

and

The court noted the significance of this case. The court's opinion stated, "The widespread use of gene sequence information as the foundation for biomedical research means that resolution of these issues will have far-reaching implications, not only for gene-based health care and the health of millions of women facing the specter of breast cancer, but also for the future course of biomedical research… The novel circumstances presented by this action against the USPTO, the absence of any remedy provided in the Patent Act, and the important constitutional rights the Plaintiffs seek to vindicate establish subject matter jurisdiction over the Plaintiffs' claim against the USPTO".

This case has survived a plaintiff's motion to dismiss and is going forward.

With patents now being held on approximately 20 per cent of identified human genes, this court case is of more than passing interest.

Where's a copper when you need him?

A mate was down in Yamba visiting rellies last week when he took a walk to the local shopping centre.
Being a bit slow on his pins he started to cross Treelands Drive at the point which has a pedestrian island in the centre of the road.
Without warning, a big semi headed for Bi-Lo supermarket crossed over to the wrong side of the road and travelled about five truck lengths before doing a wide turn into the Yamba Fair carpark entrance.
And truckies wonder why they have such a bad rep on the NSW North Coast....

Climate Change Risks to Australia's Coasts - report nobbled by department?

Screenshot which came up with any attempt to read Chapter 5

Like many other Australians today, I went to the Federal Department of Climate Change website to download the latest report Climate Change Risks to Australia's Coasts announced with some fanfare earlier in the day.

Small problem. The very chapter of intense interest; Chapter 5 identifies the key risks to built infrastructure with a particular focus on residential buildings at state and local government scales. Risks to infrastructure, services and industries in the coastal zone are also summarised according to the relevant web page - well it has gone missing.

Departmental IT ineptitude or a sudden realisation that many people could for the first time fairly accurately assess the risk to their property values and that might be politically just a tad too uncomfortable for the states and local government?

Minister for Climate Change and Water Penny Wong much earlier in the day speaking on the ABC Radio AM program:

This is a very important step in providing the information Australia needs.

Over to you, Minister Wong.......

Bat war continues and Nationals Hartsuyker and Cansdell are in the first round of 'enemy' casualties

Bat fall-out

WELL done Steve Cansdell and Luke Hartsuyker. Just the week after all the relevant stakeholders held possibly the first ever truly positive meeting about the Maclean flying fox colony, you help whip up a frenzy and involve schoolchildren in an illegal disturbance of the animals, many carrying recently born young, using a starter pistol and general loud noise.

One tentative step forward had finally been made in this ongoing saga, with all parties agreeing to form a proper long-term management plan, and you go in there and destroy that whole democratic process and regress the whole community.

And all for your own political gain. You are shaming the community and standing in the way of progress. Don't you get it? Disturbance does not work and never has as a long, or even short, term solution, and is currently illegal in Maclean.

LINDA WRIGHT,

Lawrence.

[The Daily Examiner, letter to the editor, 14 November 2009]

Animalia......(2)

From The Daily Examiner 7 November 2009 on the subject of Grafton Regional Art Gallery:

Good Food Magpies

The family of magpies who live around the Gallery has two young members who are just starting to get their adult feathers. All staff at the gallery cafe, Georgie's, and the gallery would like these youngsters to grow up in the civilised manner of all magpies. So we are asking all our patrons and visitors to not feed the birds but to simply enjoy watching them as they forage in the gallery gardens and courtyard and listening to their beautiful warbles.

The youngsters will soon enough be told to move out by their parents to find their own territory. They will need hunting skills beyond the ones required to gain delicious tidbits from Georgie's customers not to mention having the appropriate social skills.

EDO Northern Rivers: seminars and workshops in December 2009 [climate change, managed retreat, biodiversity, land clearing, power stations]

Seminar: Planned retreat, climate change and biodiversity - Byron
Bay, 3 December

In response to a rising wave of interest from all levels of government
in threats to coastal communities from climate change, the Environmental
Defender's Office Northern Rivers presents a free public seminar on
coastal management. It will focus on how liability issues, adaptation
strategies and biodiversity protection are dealt with in recent
initiatives including Byron Council's Draft Coastal Zone Management Plan
and the NSW Government's reforms to coastal erosion management.

Thursday 3 December
SCU Room, Byron Community Centre, Johnson St
5.45 for 6 pm sharp to 8 pm

Light meal provided. No booking necessary. For more information, please
call Mark Byrne, Education Officer, EDO Northern Rivers, on 66228470 or
1300 369 791 or email edonr@edo.org.au. Please note that current
litigation concerning protection works at Belongil Beach and the
question of whether or not Byron Council is partially responsible for
erosion there will NOT be addressed.

Workshop: Native vegetation and private native forestry - Coffs
Harbour, 5 December

This event is being organised with Coffs Harbour Council in response to
concerns about illegal land clearing. It will cover the approvals
process for private native forestry under the Native Vegetation Act and
other relevant instruments including Local Environmental Plans and Koala
Plans of Management.

Saturday 5 December
Cavanbah Hall, 191 Harbour Drive
10.30 am to 3 pm including a light lunch

To register to attend, please call Rachel Binskin at Coffs Harbour
Council on 66484662 or email rachel.binskin@coffsharbour.nsw.gov.au.

Meeting for groups: TransGrid and local energy - Lismore, 10
December

Does the North Coast need more coal-fired electricity at a cost of
$227M? TransGrid, NSW's electricity network builder and operator, plans
to build a 330 kV transmission line from west of Tenterfield down to
Lismore. The EDO Northern Rivers and Lismore Community Sustainability
Forum are organising a meeting on the evening of Thursday 10 December in
Lismore to discuss this project, join with other groups, examine
alternative power proposals and plan a strategy to stop this "19th
century" project. The proposal will be publicly exhibited under Part 3A
of the EPA Act, and the EDO will organise at least one public meeting at
that time. This initial meeting is for representatives of environment
and community groups. We are contacting groups by separate email. If
your group has not received an invitation and would like to be
represented, please reply to this email or call Mark Byrne on 66228470
or Simon Clough on 66242894 to let us know.

Art in Byron Bay

From the brush of the young and talented Jemma Bracken.

Involution and Evolution
and
Untitled

Ignorance ruled in Maclean on Wednesday as folk went rather batty

Yesterday parents and students at Maclean High School staged a demonstration concerning the ongoing and problematic existence of a flying fox colony on land adjoining school property.

Pre-warned about this batty event, the media was at hand to film one adult shouting about how someone or other would be sorry if a child contracted Hendra Virus.
Without a blush another stated for the camera that all that was needed now was "the zombies".

WTF! Zombies? Hendra Virus straight from bat to human? A fear straight from the depths of ignorance via unreliable folklore it seems.

The World Health Organisation is pretty clear that humans catch the viral infection in this manner:

• Fruit bats of the Pteropodidae family are the natural hosts of Hendra virus.


• Horses are the only species of domestic animal that can be naturally infected with Hendra virus.


• Hendra virus is transmitted to people through close contact with infected horses or their body fluids.


• To date, no human-to-human transmission of Hendra virus has been documented.

If a school student were to attempt to catch a bat and was scratched or bitten that student could just possibly get Lyssa Virus (although only two cases have ever been reported in Australia and a precautionary 3-dose vaccination is readily available), but as far as science and medicine is aware, Hendra Virus infection would not pass from that bat to the teenager.

Nipah Virus which is also naturally found in bats is not known to have caused human/animal infection in Australia to date.

As former Maclean Shire Mayor and wannabe Nationals politician Chris Gulaptis proved some years ago as he positioned himself to run for local government election - when it comes to protected flying foxes some hysterical Maclean residents will believe anything and follow any rabble rouser at the head of the herd.

Perhaps the next time anyone in Maclean starts yelling for benefit of the media they might at least get their facts right.
Otherwise they are just plain embarrassing.

Update:

This morning's The Daily Examiner contained an explanation as to why the nocturnal grey-headed flying foxes were so conveniently active for the media audience - an as yet unknown person has thrown at least one fire cracker into the breeding colony.

One cannot really blame the young students because they were so clearly led by a red-neck element within the Maclean High School P&C. However, the parents should be ashamed of the lesson in ignorant and wanton cruelty they are giving their children, as well as the total dishonesty they displayed by trying to set the stage with agitated bats in an effort manipulate the all too conveniently gullible complicit media.