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Australian Securities and Investments Commission, ASIC's role in ensuring confidence is maintained in the financial system, tabled at public hearing on Wednesday, 5 August 2020 (PDF135KB).
No. Member Question Hansard page
and Hearing date or
(Publication date)
ASIC01QON Falinski
CHAIR: We've gone through a number of matters in our hearing, with witnesses as part of this inquiry raising a series of questions that fall within the remit of ASIC. One of them was the recent appearance by IFS before this committee. Have you read that transcript or are you aware of that transcript?
Mr Shipton: I, personally, have not, but I will ask my colleague Commissioner Press if she has.
Ms Press: I have seen that transcript, yes.
CHAIR: There was follow-up media with people questioning whether IFS was acting consistent with the law. I'll read a brief bit of the transcript from. Mr Falinski asked:
Do you think the limited scope financial planners that you have can fulfil their best interest duties if they only give advice on superannuation?
Then the witness from IFS said:
Yes, we believe so. I know that some in the industry have thought that the advent of the best interest duty and the code of ethics might see the end of limited scope or intrafund advice. We believe there's absolutely a place for it. We have the benefit of licensing advisers that sit in both unlimited scope and in a holistic advice sense. It comes down to appropriate scoping and then understanding when you need to decline providing advice …
Mr Falinski then went on to ask whether they had consulted ASIC on this, and they said they had spoken to ASIC and they got the sign-off based on what was being said by ASIC at conferences. Can you give some clarity: has ASIC actually signed off on the approach?
Ms Press: We have not signed off on the statements of advice that are provided by IFS advisers. We have on several occasions said and continue to believe that scaled advice, of which intrafund is a component, is appropriate and is able to be delivered under the best interests duty. The delivery of intrafund advice is something that is allowable and defined by the SI(S) Act but still must meet the best interests duty and the other duties of a financial adviser.
CHAIR: Mr Falinski, do you have a follow-up question on this?
Mr FALINSKI: Yes, I do. What I don't understand about the approach that they're taking is how you can give personal advice if you're not asking about a person's personal circumstances.
Ms Press: The intrafund advice that we're talking about is very limited in its scope, and it's limited scope advice.
Mr FALINSKI: I'm utterly confused by this. When does limited personal advice become personal advice?
Ms Press: Intrafund advice does take into consideration some personal circumstances, but it is limited in its scope, and that limitation in its scope is defined by the statement of advice.
Mr FALINSKI: So then wouldn't the consumer assume that they're getting personal advice?
Ms Press: They are getting—
Mr FALINSKI: The law is meant to be applied as to what a reasonable person would assume that they are [inaudible] and how that is presented. It seems to me that they're being presented with personal advice and it's not being made clear to them in any way, shape or form that it's general advice. And now there seems to be this hybrid kind of advice which is limited personal advice, which I didn't know existed at all.
Ms Press: So, to be clear, intrafund advice is personal advice; it is not general advice. It is subject to—
Mr FALINSKI: So then why weren't they providing that under the general advice provisions?
Ms Press: They're not providing it under the general advice provisions. They're providing it under the provision of the intrafund carve-out in the SI(S)Act, which is a matter for government to allow that.
Mr FALINSKI: I know many union backed publications reflect on my intelligence, but can I be blunt and say to you that I really don't understand what it is that is going on here. I believe you to be a competent, reasonable, intelligent person who is across the law, and you can't explain this to me in a manner and form that makes sense.
Ms Press: Well, I apologise that it doesn't make sense to you.
Mr FALINSKI: No, I don't mean it's your fault—
Ms Press: Intrafund advice is personal advice. It is subject to a statement of advice.
CHAIR: Sorry, I'm going to interrupt here. What I think would be useful is that, if ASIC could reflect on the transcript of the hearing, it could give a reflection on the transcript of this hearing as well and provide a formal written advice to this committee about the consistency between the position that IFS has taken and the issues and matters that Mr Falinski has raised, because there is clearly a lack of clarity about the extent to which certain types of advice can be provided.
Hansard, pp. 4-5
(PDF158KB)
ASIC02QON Falinski Mr FALINSKI: You initially said, to questions that the deputy chair of our committee asked, that total remediation was about $2.8 billion and that about $800 million had been paid out. Is that right?
Ms Chester: That's right. Of the 89 active remediations that we're oversighting, there's about $2.9 billion still to be paid out. In that figure of $2.9 billion, there is a number for fee-for-no-service. I might take that question on notice because I'm having trouble locating the exact number for you and I do not want to waste the time of the committee or give you a wrong number.
Hansard, p. 9
(PDF66KB)
Mr FALINSKI: As part of your COVID-19 plan, to what extent have notices slowed down as a result? To give context, in March 2020 you guys issued a statement saying that you're recalibrating your regulatory priorities to focus on COVID-19 challenges. As part of that statement, you said:
In issuing information-gathering notices, ASIC has provided new guidance to our staff – mindful that many notice recipients may be facing significant disruption.
By taking these actions, industry participants will be better placed to focus on their immediate priorities and the needs of their customers at this difficult time.
My question, in that context, is: to what extent have the notices slowed down?
Mr Shipton: I can confirm that those notices have slowed down. For instance, in our Close and Continuous Monitoring Program there has been a decline in the onsite supervision and notice utilisation. I don't have the figures to hand, but we can take that on notice if you wanted to get some statistical analysis here. I will also ask my colleague, Deputy Chair Crennan, to make any observations on the enforcements.
Mr Crennan: I would just add that there are a number of aspects of the operation of the office of [inaudible] issuing of notices, which you've referred to. That's been [inaudible]. We are not in a position to give you precise numbers or a graph or anything, but we'll take that on notice and endeavour to get back to you quickly. So too with the section 19 examinations—we have been persevering with them similar to these types of circumstances—and other interactions with the larger entities in particular in circumstances where we, for example, issue 912C notices where an entity can effectively write a report for us and all those sorts of things. So we've explored as many strategies as we can that are efficient and sensitive to the current economic environment such that we can continue to enforce the law, continue to investigate possible contraventions of the law, without overburdening the regulated communities but without stopping the office of influence from its operations in any significant way. I hope that's helpful, but we'll get back to you with the precise details.
Hansard, p. 11
5 August 2020 (14 September 2020)
ASIC04QON Aly Dr ALY: In the document that you tabled with the committee you've got some examples of your role during COVID-19, one of which is warning against scams. You mention people offering to help access superannuation or high-return investment opportunities and you say there has been a 20 per cent increase in reports of misconduct. Do you have any further detail about how many reports have been made around misconduct or around people charging high fees for offering to access superannuation? Do you have more detail about what people are charging to help people access superannuation and the demographics of that? Who are they targeting with these scams?
Mr Shipton: We do follow a number of data points in relation to these scams in other reports. My colleague Warren Day, who is online, is in charge of the area responsible for monitoring these complaints and data. I will ask him to provide any further particulars that he has to hand.
Mr Day: Thank you, Dr Aly; that's a really good question. As the opening statement indicated, we are seeing a number of unsolicited contacts by certain parties offering to assist in accessing the early release scheme for a fee. Often that can come also through texts, emails and social media. We've seen reported to us some social media accounts impersonating government bodies. They are also seeking personal details such as bank accounts, superannuation funds and insurance. In relation to your question about the numbers, I don't have that information to hand broken down for that subgroup, but I can take that on notice and give you an answer in due course.
Dr ALY: Yes, could you please take it on notice to provide a number of points of information, including how many complaints you've had in that regard and, if you have any estimate of the extent to which people are being contacted and charged fees for accessing their early superannuation, the cost that they're being charged. Is it an exorbitant amount that people are being charged to access their superannuation? If you have any demographic information—whether they are targeting mostly women or mostly young people—that would be useful as well. Thank you.
ASIC05QON Mulino Dr MULINO: I'll follow up with some questions on notice on this, but I agree with you that individuals referring to advice like the moneysmart calculator or a financial adviser or something along those lines would be very useful. My concern is that the bar for accessing this scheme is so low that I doubt whether, in many instances, that kind of advice is in people's minds. I have a couple of quick questions on the Westpac probe. Could you give me an update on the money-laundering probe?
Mr Shipton: My colleague, Mr Crennan, can supplement. There's not much we can say because matters are continuing to be investigated, but I'll ask if Mr Crennan has any supplements.
Mr Crennan: As I've said in other fora, the investigation is being expedited as best it can during these circumstances. The investigation did commence very shortly after the statement of claim was filed by AUSTRAC in the Federal Court, and we are using external resources to further accelerate the investigation. But I can't say much more than that.
Dr MULINO: That's fine. I understand that you're not going to be able to put a timeline on this. Given the importance of the issues that have been flagged in this particular case and the scale of the breaches, a three-year time line along the lines that we saw with the CBA would be concerning. Are you able to give any guidance on whether you've devoted additional resources to this? In particular, have you any indication as to whether additional IT and analytical capacity is going to enable you to expedite this, and have you invested in that kind of capability in your efforts to prosecute this case?
Mr Crennan: We have devoted extra resources to this investigation for reasons that ought be fairly obvious. We have certainly devoted [inaudible] resources on briefing barristers at an early stage of the investigation, which wouldn't necessarily ordinarily be the case. In terms of the IT question, I would have to take that on notice. I don't feel like I can give a perfect answer now, but I do know that, generally speaking, we've put extra resources into the investigation. I assume that that percolates throughout [inaudible], but I'm not certain.
ASIC06QON Wilson CHAIR: We've got to move on to APRA, but I have a couple of quick questions which I think are important. Has ASIC ever done an audit of its employees and of how many used to work for the superannuation sector?
Mr Shipton: I'm not aware that we have done an audit of that but I'm certainly aware that a number of staff have superannuation and other industry experience. If there's a particular question or statistic you're after, we can certainly take it on notice.
CHAIR: You can put the answer on notice. I'm interested in the number of employees who used to work in the super sector. Then break it down to the retail and the industry super sector. Obviously, in some sectors there will be both.
ASIC07QW Leigh
This year, the ASX issued a class waiver, permitting listed firms to raise up to 25 per cent of new equity on a non-pro-rata basis (up from 15 per cent normally).
a) Please provide a full list of the instances in which this rule has been relied upon (i.e. non-pro-rata equity raisings above 15 per cent), providing for each: name, date, and amount raised.
b) What is the proportion of total capital raised that went to new shareholders versus existing shareholders?
c) What proportion of the total amount raised went to recipients who received more than their notional pro rata entitlements under the new placement regime?
d) What consultation did the ASX undertake with ASIC prior to the issuance of this class waiver?
e) What consultation did the ASX undertake with ASIC prior to the recent extension of this class waiver from July 2020 to November 2020?
f) Did ASIC support the recent extension of this class waiver from July 2020 to November 2020? If so, what evidence did you rely on in making that decision?
g) Can ASIC quantify the cost of dilution to retail shareholders of ASX companies across all raising types (not just those relying on the new class waiver) since the new class waiver was introduced?
Responses to
questions 7 - 10
ASIC received special funding of AUD6.8 million in the 2019 budget for a corporate governance taskforce.
a.	Of this funding, how much was spent on consultants?
b.	What deliverables were produced?
c.	What measurable impact has it had on corporate governance?
ASIC09QW Leigh In June of this year Matt Thistlethwaite MP wrote to Mr Shipton to raise and the issue of 42 per cent premium increases with Comminsure products in the Colonial Super Retirement Fund.
a.	The correspondence raised an individual matter which has not yet been responded to. When will this be responded to?
In general terms the correspondence raised the following issue: Colonial Super Retirement Fund has issued on of its members with AUD500,000 worth of cover under a group term life insurance policy a policy increases from AUD5,494 to AUD7,804 per annum. I understand the policy contains reasonably standard group insurance provisions. The fund trustees have written to their members explaining that they have entered into a contract with the same insurer for another three years. I understand that Colonial Super Retirement Fund and its group insurance providers are related entities. To put this into perspective, a similar policy of age and quantum available to a member of Australian Super would be around AUD4,350 per year.
b.	Does ASIC see any issue with the above scenario as described?
c.	Under the circumstances does ASIC believe the trustees of this fund are acting in the best interests of the fund's members?
d.	Will ASIC undertake to investigate this matter?
The following questions relate to the collapse of Pasminco and its placement into voluntary administration in 2001.
a.	Does ASIC believe that the directors of Pasminco in all the circumstances of the matter correctly discharged their duties to creditors and shareholders of Pasminco when they appointed administrators?
b.	Did the directors of Pasminco take all steps to mitigate any loss by shareholders, such as to avoid the need for appointment of any administrators?
c.	Following the administration process Pasminco became Zinifex Limited. The Shareholders of the former entity received nothing from the process while the 39 banking industry shareholders made significant profits from the debt they held. Has ASIC ever investigated the legality of this outcome in relation to investors?
d.	Is it ASIC's belief that the directors of Pasminco were appropriately fulfilling their directors' and officers' duties under general law and pursuant to the Corporations Act 2001 including:
i.	acting with care and diligence;
ii.	acting in good faith, in the interest of the company and for a proper purpose;
iii.	not using the position of director improperly;
iv.	not improperly using information that gain during the course of carrying out duties as a director;
v.	avoiding conflicts of interest;
vi.	keeping records about the financial position of the company.
ASIC11QW Leigh On 7 July 2020, ASIC informed listed entities that: 'Entities should appropriately account for each type of support and assistance from government, lenders, landlords and others. Both the financial report and OFR should prominently disclose significant amounts, the commencement date and expected duration of support or assistance. Examples include JobKeeper, land tax relief, loan deferrals and restructuring, and rent deferrals and waivers.' (20 157MR)
I note that some firms have not separately identified their receipt of JobKeeper, but have instead reported the amount in conjunction with similar support provided by other jurisdictions. For example, Dominos stated that it received support of $3.2m from France, New Zealand and Australia but did not say how much from where. Similarly, IDP Education received a total of $4.464m from Australia and other jurisdictions but again did not disclose how much from where.
Does ASIC consider that this level of disclosure matches its statement of 7 July 2020? If so, please explain how this could be consistent with a requirement to disclose 'each type of support'. If not, what actions has ASIC taken to ensure proper compliance?
Written (22 October 2020)
ASIC's first Consultation Paper proposing reforms on the sale of insurance in car yards was released three years ago, and its Original Instrument was released for consultation 10 months ago. ASIC is proposing a 9 month delay for the main operative section in the New Instrument (Section 6).
(a) What has caused this delay? Why is it necessary in ASIC's view?
(b) What calculations have ASIC done to gauge the impact of the altered timeline on consumers?
(c) Can ASIC guarantee there won't be further delays after 9 months?
(d) What would be the cost of acting sooner?
Written (7 October 2020)
ASIC13QW Leigh The following questions relate to ASIC's decision not to appeal the Westpac 'Wagyu and Shiraz' lending case:
(a) What pros and cons did ASIC consider in its decision not to appeal?
(b) What percentage of past cases has ASIC appealed?
(c) Does ASIC see appeal as the default option when litigation is unsuccessful? What does ASIC consider in making this decision?
(d) Does ASIC think there are any potential negative impacts that may arise from the decision not to litigate in this instance?
(e) What steps is ASIC taking to mitigate any of these negative impacts? In particular, what steps is ASIC taking to respond to concerns that it will lead to poorer quality lending decisions?
ASIC14QW Leigh On Wednesday 5 August 2020 in the House Economics Committee Hearing, ASIC flagged concerns with the Buy-Now Pay-Later Sector and its potential to harm consumers, and indicated a report into this sector would be available by the third quarter of this year (Source: Handsard).
(a) When will this report be released?
(b) Did the initial terms for the report indicate that it should reach a position on regulation for the sector?
(c) What are ASIC's aims in making the report?
ASIC15QW Leigh In May 2020, ASIC announced it would defer the commencement date of the mortgage broker best interest duty and remuneration reforms, and the design and distribution obligations, for six months from their original commencement dates given the impact of COVID 19 (Source: ASIC).
(a) Why is this delay necessary in ASIC's view?
(b) What are the benefits and harms to consumers of this deferral?
(c) What calculations have ASIC done to gauge the impact that the altered timeline will have on consumers?
(e) In considering this deferral, and any possibility of further deferrals, has ASIC determined a threshold where the cost to consumers of delay becomes unacceptable?
ASIC16QW Leigh ASIC used its product intervention power to ban a short-term lending model that caused significant consumer detriment used by Cigno (Source: ASIC).
(a) Has ASIC done any calculations regarding the cost of this model to affected consumers?
(b) What is ASIC doing to ensure redress for affected consumers?
(c) Did ASIC's intervention include any agreed standards Cigno would be required to meet with future lending models – does intervention lead to routine 'health checks' against future lending behaviour.
ASIC17QW Falinski
ASIC Report 413 Review of retail life insurance advice found that 37 per cent of consumers received advice that failed to meet the relevant legal standard that applied when the advice was given. It also found that the way an advisor was paid had a statistically significant bearing on the likelihood of their client receiving advice that did not comply with the law (pp. 6-7).
(a) Was the decision to implement the life insurance advice reforms based solely on the findings of this report?
(b) Report 413 found that upfront commission models represent an incentive for advisers to give product replacement advice to clients with existing arrangements, often referred to as 'churn'. How does 'churn' impact consumers?
(c) Has ASIC conducted research into the impact of different remuneration structures on clients receiving compliant advice following the introduction of the life insurance financial advice reforms? If so, please provide a copy of the research.
(d) Did this research find life insurance 'churn' to be a major issue in Australia? If not, do you believe that this is due to the new regulatory framework?
ASIC18QW Falinski Is ASIC's aim to make financial advice more affordable and accessible for Australian consumers?
(a) If so, how would you rate ASIC's performance in achieving this?
(b) Has ASIC engaged an independent consultant to analyse the impact of additional regulation on the financial advice sector? If so, please provide details of the analysis including the name of the firm that conducted it; the selection/tender process; the outcome of the analysis; and a copy of the report.
ASIC19QW Falinski Is ASIC working collaboratively with the financial advice sector to improve the provision of advice?
(a) Please outline ASIC's consultation process to date. Is consultation ongoing?
(b) How does ASIC ensure that its engagement with the sector is effective?
(c) What feedback has ASIC received from financial advisors regarding this process? Has ASIC conducted a survey to determine financial advisers' satisfaction with the consultation process?
ASIC20QW Falinski Is the new regulatory framework for financial advisers focused on prosecuting wrongdoers rather than encouraging and supporting good outcomes for consumers?
(a) What is your view on comments that ASIC's approach is too punitive?
Written (11 November 2020)
ASIC21QW Falinski An article in The Australian 'ASIC acts on funds misrepresentation', 23 September 2020, reported that ASIC has required responsible entities to change the names and labelling of funds. Is there evidence to suggest that the name of an investment product significantly impacts a consumer's decision to purchase the product? Written (11 November 2020)
Articles in the Australian Financial Review, ('Industry Super gets "please explain" notice from treasury', 28 April 2020; and 'Industry Super admits modelling bungle and probe', 14 May 2020) reported that Industry Super Australia's 'super calculators' were found to produce significantly higher estimated impacts of withdrawals under the early access scheme than those produced by the ASIC calculator.
(a) It was reported that 'ASIC has confirmed it wrote to ISA on April 20 due to concerns that "contrary to the ASIC principles, the ISA modelling did not use the same assumptions as the generic calculator on the ISA website"'.
(i) Has ASIC received a response from ISA to this correspondence?
(ii) Is ASIC satisfied with ISA's response? Does ASIC consider the matter resolved?
A recent article in the Australian Financial Review 'Guardian too credulous on super calculators', 24 September 2020, reported that ISA's 'super calculator' regarding the impact of scrapping the planned superannuation increase was being promoted to consumers in the media.
(b) Considering the past issues with ISA super calculators, is ASIC concerned that this calculator may not be accurate and may mislead consumers?
(c) What is ASIC doing to ensure that 'super calculators' cannot be used to mislead consumers?
ASIC23QW Falinski At the House Economics Committee public hearing on 30 June 2020, Industry Fund Services (IFS) was asked how its 'limited scope' financial planners could be compliant with the best interests duty, if their financial planners can only give advice on superannuation. IFS told the committee that it was confident that it is possible to provide limited advice and also comply with the best interests duty. IFS advised that ASIC agreed with this position.
(a) What is ASIC's view on limited scope financial advice? Does ASIC believe that it is possible to provide appropriate and compliant financial advice when only considering a limited aspect of an individual's financial needs and goals?
In its response to a question on notice from that hearing IFS stated that:
ASIC's Report 639 Financial advice by superannuation funds examined a sample of intra-fund and scaled advice provided by superannuation funds. The majority of that advice was compliant with s961B, 961G and 961J of the Corporations Act. ASIC provided additional tips to trustees and advice providers to ensure compliant scaled advice and Intra-fund advice. (IFS02QON)
However, ASIC Report 639 found that the overall pass rate for intra-fund and scaled advice was 56 per cent (pp. 31-32). Whilst this is a majority (i.e. greater than 50 per cent), it is hardly an outstanding performance.
When ASIC's Report 413 Review of retail life insurance advice revealed a 37 per cent failure rate, there was outrage and the introduction of a life insurance reform package.
(b) What is ASIC's view of the low overall compliancy pass rates for financial advice provided by superannuation funds?
(c) Has ASIC taken action against any funds as a result of these findings? Does it plan to?
(d) How does ASIC ensure that it can exercise its regulatory duties without favour and in an impartial way?
ASIC26QON Hammond Ms HAMMOND: I just wanted to ask a question as to whether the internal audit has at any stage focused on travel or remuneration.
Ms Armour: I think we would have to take that on notice to have a look back at all our internal audit reviews. We have a rolling program that looks at a range of measures. For example, we recently considered procurement and some other relevant matters, so I think we'd have to take that on notice and come back to you.
23 October 2020 (11 November 2020)
ASIC27QON Mulino Dr MULINO: Yes. To follow up on the communication between I think it was the ANAO and the Treasurer, did you say that was on 13 September?
Ms Chester: No, it was on 15 September that the email was sent to the Treasurer from the—
Dr MULINO: Were you copied in on that?
Ms Chester: Our CFO was copied in on it and shared it contemporaneously with Mr Shipton.
Dr MULINO: Are you able to share that with us?
Ms Chester: I'll need to take that on notice, given it was a communication from the ANAO to the Treasurer that we were copied in on.
Dr MULINO: Thank you.
ASIC28QON Wilson
CHAIR: … We've raised this matter before you as well, which is on superannuation funds when, as you may recall earlier in the year, there was a bottoming out of the Australian Stock Exchange as a consequence of COVID-19. Then there was a delayed period, in many cases, where super funds had unlisted assets for revaluation that enabled people to move money about from within funds based on knowledge or inside information to potentially profit. I asked a series of questions of superannuation funds, and this seems to me to be quasi-insider trading, if it does occur.
We asked about the switching behaviour of executives and trustees of superannuation funds across Australia, and we got a number of different responses. Say, for instance, CareSuper, who I give credit to. In answer to, 'What volume of switching between funds occurred in that time by trustees of the fund that are also members of the fund, between the highest and lowest valuations,' their answer was:
Investment choices of individuals are treated with confidence.However, CareSuper has in place a comprehensive Conflicts Management Policy. This Conflicts Management Policy requires that 'blackout' periods are declared and enforced such that any director, executive or member of staff who was aware of any advance or sensitive information on valuations is prohibited from switching for the duration of the period. Black-out periods were enforced at various times in the six months from 1 January 2020 to 30 June 2020.
I give them credit, and I'll table that evidence, as answered as a question on notice.
I'll go to other funds. For instance, I believe UniSuper have admitted that one member, who is also an executive of the fund, had one or more switch requests processed during the high load periods of their fund to a total value of $445,368. I'll table that one. We then have other funds where we see other issues similarly occurring. AustralianSuper had one person who did a transaction during that time. I'll table that one. We have Cbus, who refuses to provide any information to us, which is interesting. We then have NGS Super. They have outlined that they have trustees who did major transactions—three of them, in fact—during that time. I'll table that one as well. Then we have Rest. Rest has a person who transacted $465,949 in funds. I'll table that one as well. You can see the pattern of behaviour. We have people who are trustees or managers of funds transacting huge sums of money within a defined period, where it's known that the stock market may not have reached bottom—we have to concede that—but had dropped considerably while they hadn't revalued their unlisted assets and therefore may have been able to secure a benefit. Is that the sort of thing that ASIC would investigate?
Ms Press: We would be happy to take those examples away and investigate them, yes.
Mr Wilson has provided the following responses to questions in writing from superannuation funds for this question:
•	REST111QW
•	NGS96QW
•	CBUS98QW
•	AS103QW
•	CARE96QW
Hansard, pp. 31- 32
ASIC29QON Wilson CHAIR: There are a couple of matters—and I've raised this previously with the stood-aside chair, Mr Shipton—about the use or misuse of ad words in the context of superannuation funds. We raised a particular example from 2014 where ASIC issued a fine to BT for misleading, or seeming to have misled, regarding its advertising. I'd like to table with the secretariat, to be submitted to ASIC, material from some funds that have also been doing the same thing and using misleading terms. We can put that as a question on notice. Would you investigate that? Is that something you're prepared to do?
Ms Chester: Chair, can I intervene just for one moment, please, and ask if we could extend the professional courtesy now of excusing Mr Shipton from the proceedings, given he's answered the questions that you had related to the ANAO matter.
CHAIR: Yes, I think that's fair. You are excused, Mr Shipton. My apologies.
Ms Chester: Thank you. Chair, on the matter that you've raised, I'll hand across to my commissioner colleague Danielle Press.
Ms Press: Yes, we'd be happy to look at any instances of funds where you believe that there has been misrepresentation.
The Chair has provided the questions asked of superannuation funds in relation to their use of Google Ad Words and an example of a possible breach of standards previously imposed by ASIC: Please see Attachment A
ASIC30QON Wilson CHAIR: We know in the royal commission, TWUSUPER paid officials $150,000 a year to encourage employees to sign up to their super fund. So would that be considered the basis of financial advice, or have you not reviewed the royal commission's report?
Ms Press: I have reviewed the royal commission's report. I will need to take that one back on notice. I'm sorry; I'm not 100 percent sure. I don't believe I can comment today on whether or not it is financial advice without looking at the specifics of the matter.
CHAIR: Okay. So you will look at it and come back to us on notice?
Ms Chester: Chair, that was not a matter or a case study that was referred to ASIC—so subject to the royal commission. It was up to the royal commissioner to decide whether or not he thought there was any potential misconduct. So the issue that you've raised, from my recollection, was not a case study. It was not a matter that was referred to us for action. So I think that that's a matter for the public record.
CHAIR: But that doesn't change the fact that I'm asking about that—and you'll take the question on notice and come back to us.
ASIC31QON Leigh Dr LEIGH: Thanks very much, Chair. Ms Chester, I want to start with the issue that was raised by a couple of my colleagues around common ownership. Given Australia's pretty opaque share registry, the only way in which we really get to see common owners is when they lodge substantial holding disclosures. But the threshold for that is currently five per cent. Has ASIC given thought to reducing that threshold, particularly in light of the fact that, in the United States, an entity holding more than $100 million in assets is required to make full disclosure?
Ms Court: Thanks for the question, Deputy Chair. I'll hand across to my fellow colleague Commissioner Cathie Armour.
Ms Armour: The substantial shareholding threshold is set by the parliament. It is not a threshold that—
Dr LEIGH: Yes, I know that.
Ms Armour: We think it's a very important matter that there's adequate transparency of substantial shareholding.
Dr LEIGH: Yes, I know that too. Have you given thought to reducing it?
Ms Armour: We have not made any recommendations about the substantial shareholding level, at least recently.
Dr LEIGH: That wasn't my question. I'm asking you a high-level policy question. You are a key regulator in this space. Common ownership is an issue which is concerning people across the parliament. Have you turned your mind to the question as to whether we might better understand the anti-competitive effects of common ownership if we brought down that five per cent threshold?
Ms Armour: Just to be clear that we're sort of talking about the same things and I'm not misunderstanding you, the substantial shareholding laws apply when somebody has a relevant interest. So that does pick up connections between parties. Whether that degree of connection is sufficient for the areas that you're concerned about, I think is an important question at the moment. At the moment, we haven't had a matter come to us that suggests there's a problem in this area. We'd be happy to look at anything in particular that you'd like to raise with us on that.
Dr LEIGH: It's a burgeoning international literature. There are papers suggesting impacts on consumers in the airline sector and in the banking sector in the United States. But all of this research is enabled by researchers having a clear understanding of the shareholders, and, as Ms Hammond pointed out beforehand, understanding the shareholders who might carry the most weight when they vote. I'd urge you to look into the issue and come back to us with a more substantive response.
ASIC32QON Leigh Dr LEIGH: Let me go to one of those particular issues. Annual reports frequently contain inaccurate information on substantial shareholders. Do you pay any heed to the substantial shareholders listed in annual reports?
Ms Armour: We conduct routine surveillance of annual reports and other disclosures. We are very keen to ensure that there are adequate disclosures of substantial shareholding. We are running a criminal case with the CDPP at the moment in relation to the adequacy of a substantial shareholding disclosure.
Dr LEIGH: Have you ever taken action against a company which had a misstatement of substantial shareholders in its annual report?
Ms Armour: I would have to take that on notice and come back to you, because 'ever' is a long time!
ASIC33QON Leigh Dr LEIGH: Ms Chester—and feel free to pass this on to others—section 205D of the Corporations Act requires persons to formally provide their residential address for the purpose of a notice or application, unless it would put at risk their personal safety or the personal safety of members of their families. What are the criteria that ASIC uses to determine someone's safety or the safety of their family? Is it based on their wealth?
Ms Chester: Thank you for the question. I'll hand across to my colleague Rosanne Bell.
Ms Bell: I look after ASIC's registry business. I can tell you that, in terms of the Corporations Act, where a person wishes to ask they can have their personal address suppressed on our corporations register. The criteria for having it suppressed are that you need to have a silent-elector status on the Electoral Commission roll, a court order or a police report. Otherwise we can look at individual circumstances along the way. There's another situation in our business names register where, if you're a sole trader and you operate a business out of your personal residential address, we will suppress your residential address automatically without a request being manually assessed by us.
Dr LEIGH: I don't recall the rules around becoming a silent elector. Can anyone become a silent elector?
Unidentified speaker: No.
Dr LEIGH: You're effectively outsourcing that decision to the Australian Electoral Commission, then, aren't you? What are their criteria?
Ms Bell: I'm sorry; I don't know their criteria. We will have to go and check that. However, yes, we would take their judgement call on that. But if they had matters outside of that which were relevant to us, such as a court order, a police report or other justifiable reasons for which they wanted it to be suppressed, we would manually consider that and make a decision.
Hansard, pp. 35 - 36
ASIC34QON Leigh Dr LEIGH: You were quoted in the Financial Review in a piece by Aleks Vickovich and Michael Roddan on 21 August 2020, anticipating a flurry of cases to come from ASIC before the end of 2020. How many more cases does ASIC intend to file before the end of the year as part of your so called litigation blitz?
Mr Crennan: Thank you for the question. I'm not sure that 'litigation blitz' was something I said. Nevertheless, we have issued a number of cases just recently against all sorts of entities and individuals. By the end of this year—I can't give you a number with precision, but I could take it on notice. It would still be an estimation. The conclusion of investigations under section 13 of the ASIC Act results in the decision-making process either within the executive or in significant matters at commission level. Those decisions happen periodically, so it really depends upon the executive bringing those decisions to either the commission or to themselves. I can't predict with precision when they'll be. We do have target dates and whether we meet them or not is a matter for how that investigation is completed.
ASIC35QON Mulino Dr MULINO: I have a couple of questions around Crown directors' duties, and in particular some of the evidence that's coming out in the NSW Independent Liquor and Gaming Authority inquiry. Given that former chairman of Crown Robert Rankin has refused to give evidence, as I understand it, at that inquiry, what can ASIC do given that he is now based in the UK? What is ASIC planning to do?
Ms Armour: We are following the inquiry that is occurring, and we're aware of the matter you're mentioning. We have seen the reports that there may, potentially, be a referral to us in relation to that matter. We intend to keep following the matter, make our own inquiries, and, as often happens when there are inquiries by other forums—for example, the most obvious one more recently was the financial services royal commission—if there is a referral made to us, we, of course, would go and investigate the matter further. But that's not to say we won't look at the issues that I think you're referring to more generally in relation to the company if we see an issue that is of concern to us in connection with the inquiry, in any event.
Dr MULINO: But even if there isn't a referral, if there's a gap in evidence, there might be options for ASIC to pursue.
Ms Armour: There may well be; we are following the matter.
Dr MULINO: Has ASIC spoken to any Crown directors this year or made any inquiries in relation to it?
Ms Armour: If you don't mind, our approach is not to comment on matters that we may be considering in a broader investigative sense. So we'd prefer not to make any comments, if you don't mind, at this stage.
Dr MULINO: But it's fair to say that prima facie there are some very disturbing developments?
Ms Armour: We're certainly very alive to the matters that have been covered by that inquiry. Yes, we are watching that carefully.
Dr MULINO: Had you been investigating Crown before the New South Wales inquiry?
Ms Armour: What we would like to do, with your indulgence, is take the approach that we take in a number of matters—that is, actually not comment on specifics of matters because it can be unintentionally prejudicial for us to get into the specifics of particular matters. So, if you don't mind, we would prefer not to comment further at this stage.
Dr MULINO: So can I take it from that, though, that you don't want to make comments at this point because you want to retain the option of proactively intervening if you see fit and you don't want to prejudice that?
Ms Armour: No, I think if you just take it that it's not appropriate at this stage for us to make any comment. We are absolutely aware of the merits you're referring to, but going into details of what we may or may not be doing is something that we don't think appropriate to make a public. It's consistent with our general practice in relation to similar matters, so that's why we are asking for your indulgence on that.
Dr MULINO: I look forward to hearing you. It would be good if you could provide detailed information in relation to this in between now and the next hearings, which may be some time off, given that this is quite a fast moving process in New South Wales and given that there could be some gaps there, that it might require further action.
ASIC36QON Mulino Dr MULINO: … I'm just wondering if you could provide an update on where the implementation of the royal commission's anti-hawking legislation is up to.
Ms Chester: I'll take that question. As you'd be aware, the government announced during the COVID-19 period that there was going to be a six-month delay with implementation for the legislation that was yet to enter the House. With respect to the anti-hawking provisions, they were caught up in those delays and, as we understand it, the government is on track for the exposure drafts and the new legislation to enter the House by the end of this year.
Dr MULINO: Do you see the potential for anti-hawking to interact with the stapling measures that have been proposed?
Ms Chester: Can you expand on how you would see them interacting, Dr Mulino?
Dr MULINO: For example, if anti-hawking wasn't strong enough, you could potentially see people put into products that weren't suitable that they're then stapled to. Obviously, we haven't seen all the details of the stapling measures, but I'm just wondering again—
Ms Chester: So the stapling measures relate to when somebody has defaulted into a super account, so there wouldn't be hawking involved. I might pause there and see if Commissioner Danielle Press has anything further to add to that.
Ms Press: I don't actually see the connection between stapling and anti-hawking. As Deputy Chair Chester said, the stapling is really when someone's been defaulted into the fund. However, I'd be happy to take it on notice and come back to you, if possible, because I'm struggling to see the connection.
ASIC37QON Murphy Ms MURPHY: … Is the commission seeing any trends in company disclosure? Are companies doing what they need to do in monitoring climate risks or accounting, I should say, for climate risks?
Mr Yanco: We're seeing a trend towards more companies taking this into account. However, we have identified some companies that need to do more work in this area. Generally the trend is upward but there are companies that need to do more work. As Commissioner Armour said, we're reviewing that fairly regularly.
Ms MURPHY: Is there a particular industry where you see the companies that need to do more work? You can take that on notice if you need to.
Ms Armour: Perhaps we should take that on notice, if that's okay. We are also starting to have a little bit a look to see whether or not there are any issues with what's called greenwashing in relation to the sale or promotion of financial products. So we are conscious that could be a potential issue as well that we need to look at.
ASIC38QON Wilson CHAIR: Mr Shipton had tax advice paid for him by ASIC due to his relocation from the United States to Australia. Is that correct?
Ms Chester: That's correct.
CHAIR: Did that include straight financial advice, or did it also include penalty notices or other types of costs which were not related solely to tax advice?
Ms Chester: I'm not aware of it involving any penalty notices. I think the details of the invoices related to the taxation payments are in the section 26 letter, which I understand is the subject of disclosure by the Treasurer. Sorry, but I'm yet to see the press release to confirm that.
CHAIR: It's just that I've received a document which raises questions about whether there was some late filing of taxation returns.
Ms Chester: There was a late filing. I will need to take on notice whether the payments related to any penalties related to that late filing.
ASIC39QON Leigh Dr LEIGH: Following on from your question, Chair: does the tax bill that was paid relate to executive options?
Ms Chester: Not that I'm aware of. We'll have to take that question on notice.
ASIC40QW Wilson Prior to ASIC's appearance before the House of Representatives Standing Committee on Economics on Friday, 23 October 2020 did ASIC Deputy Chair, Karen Chester, or any other Commissioner have any discussions directly or indirectly with Andrew Leigh MP, or his office, on that day regarding matters that arose at the hearing? Written (16 December 2020)
Regarding the case ASIC v Mitchell (No 2) [2020] FCA 1098:
(a) What is ASIC's view of Beach J's decision to call Mr McWilliam as a witness?
(b) In ASIC's view, how did Beach J calling Mr McWilliam impact the outcome of the case?
(c) Does ASIC believe that the case established any precedents that might significantly impact future civil penalty proceedings brought by ASIC?
Written (7 December 2020)
Does ASIC stand by the proposition, which it pursued in the case ASIC v Mitchell (No 2) [2020] FCA 1098 (Court Transcript, 2 December 2019, p. 1239), that Mr Healy made statements in his examination by ASIC which were inconsistent with the evidence he gave in court? If so:
(a) What is ASIC's view of Beach J's decision (Court Transcript, 2 December 2020, p. 1314) to not allow ASIC to use the excerpts of the transcript of Mr Healy's examination by ASIC?
(b) Does ASIC intend to pursue Mr Healy for making a false or misleading statement to ASIC or for giving a false statement to the court? If not, why not?
Does ASIC intend to submit an appeal in regards to ASIC v Mitchell (No 2) [2020] FCA 1098? If not:
(a) What are ASIC's reasons for not submitting an appeal?
(b) Does ASIC hold the view that the prospects of success for an appeal are low?
(c) Which commissioner/senior executive at ASIC made the decision not to submit an appeal?
(d) Did ASIC consider submitting an appeal on the grounds that Beach J did not ultimately, in his judgement, provide his reasons for excluding Mr Healy's evidence, as he had undertaken to do? If not, why not?
On 14 September 2020, an article in the Sydney Morning Herald ''Former Tennis chief Healy says ASIC tried to turn him against Harold Mitchell', reported that Mr Healy revealed details of a settlement offer he had received from ASIC.
(a) Were the settlement discussions ASIC held with Mr Healy, which are referred to in the article, confidential?
(b) If so, does ASIC intend to take any action against Mr Healy for publicly disclosing privileged discussions about settlement? If not, why not?
ASIC45QW Wilson A constituent has contacted me in regards to the issuing of capital as shares by Australian listed companies and noted the below. What is ASIC's view on this statement?
"I have read recently that the ASX & ASIC last week lifted the percentage of shares an Australian listed company can issue out as capital in a placement from 15% to 25%. These shares are bought at a discount by institutions who are favoured clients of the underwriting investment bank appointed by the issuing company. Retail shareholders and SMSF's are excluded from this process. They may be able to participate in a share purchase placement at a later date, however even if they do their shareholding becomes diluted and low limits usually apply to these share purchase placements. If they are unable to participate in the placement because they don't have the funds their position obviously becomes even worse. I understand in the UK the limit on these placements for companies is 5% of their share capital. I suggest the government closely scrutinize this and adopt the UK position. This certainly doesn't pass the pub test particularly at a time when many small shareholders are struggling to stay afloat".
Written (21 December 2020)
Committee Secretariat contact:
Committee Secretary
Standing Committee on Economics
economics.reps@aph.gov.au
About this inquiry
The Standing Committee on Economics, which can inquire into and report on any annual reports referred to it by the House of Representatives, has agreed to undertake an inquiry into the Australian Securities & Investments Commission Annual Report 2019.
Inquiry home page
Committee home page
Past Public Hearings
23 Oct 2020: Canberra
05 Aug 2020:
If you require any special arrangements to enable you to participate in the Committee's inquiry, please contact the Committee Secretariat.
Further information regarding accessibility can be found at www.aph.gov.au/Help/Accessibility


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What is Michigan Central?
Future of Global Mobility
Michigan Central Station
The Book Depository
Bagley Parking Hub
Mobility Platform
Michigan Central Engagement Platform
Michigan Central Art Program
Ford Resource & Engagement Center
Being a Good Neighbor
Community Benefits Ordinance
The site plan for Michigan Central envisions an inclusive, vibrant, walkable community, anchored by Detroit's iconic train station. It will be optimized for innovation, with flexible, tech-enabled workspaces, hands-on labs and smart infrastructure. Along with a first-of-its-kind mobility testing platform, the plan prioritizes the needs of the community with abundant green space, open plazas, biking trails, cafés, shuttles, scooters, retailers, public amenities, housing and parking all within a 20-minute walk. It will connect with the surrounding neighborhoods and the city through improved gateways and preserve the history of the area with a mix of old and new.
Michigan Central will become part of the fabric of the neighborhood, a place that is authentically Detroit, by everyone, for everyone.
In 2018, Ford announced that it had purchased Michigan Central Station, one of Detroit's greatest historic assets, and would restore it to its original grandeur. That station will be the centerpiece of Michigan Central and once again open to the public with locally inspired shops, restaurants, hospitality, and public amenities, in addition to modern office spaces for Ford employees and our innovation partners. Construction work on Michigan Central Station will continue until the end of 2022, with tenants expected to take occupancy in the first half of 2023.
Michigan Central Station History
No other building symbolizes the past, present and future of Detroit more than Michigan Central Station. When this soaring Beaux-Arts building opened in 1913, it was the tallest train station in the world for a time and Detroit was prospering. The station's opening coincided with the peak of rail travel in America, and with Detroit's rise as a global leader in industry and innovation. At its busiest, the station handled 200 trains and 4,000 customers daily. As Detroit's economy slowed, so did the traffic coming in and out of Michigan Central Station. The final train departed in 1988 and it sat abandoned until Ford became the new owner in 2018.
The steel framework for Michigan Central Station is put in place, it is designed by the same architects as Grand Central Station in New York (Warren & Wetmore and Reed & Stem).
Michigan Central Station opens on Dec. 26, earlier than planned due to a fire at the downtown depot. First train to leave the station is bound for Saginaw and Bay City; first train arrives from Chicago.
Theodore Roosevelt visits Michigan Central Station. Three years later, and one day after his death, Detroit city council names the park in front of the station Roosevelt Park. Roosevelt is the first of several presidents to visit. Others include Franklin D. Roosevelt in 1936 and Harry S. Truman in 1948.
Charlie Chaplin visits Michigan Central Station. He and Thomas Edison might be the most famous nonpoliticians to visit.
At its peak, Michigan Central Station serves more than 4,000 travelers a day and houses 3,000 office workers.
Michigan Central Station waiting room closes; grand walnut benches sold for $25 each.
Michigan Central Station added to National Register of Historic Places; waiting room is formally reopened.
74 years after the first train steamed in, Train No. 353 to Chicago becomes the last train out of MCS, on January 5, at 11:30 A.M.
Matty Moroun-owned Controlled Terminals Inc. acquires Michigan Central Station, unveiling restoration plan which never happens.
City Council votes to demolish Michigan Central Station, but an election, budget constraints, and a lawsuit arguing for its historic merit, prevail.
In a compromise with the city of Detroit, the Moroun family commits to replacing windows at Michigan Central Station.
Ford purchases Michigan Central Station and announces plans to restore it as the centerpiece for a new hub for the future of mobility.
Ford expects to complete construction work on Michigan Central Station by year end.
Courtesy of Detroit Historical Society
The vast Book Depository will be the industrial center of Michigan Central. The Albert Kahn-designed building is being reimagined as a mixed-use maker space, offering co-working areas, hands-on labs and innovation studios. With built-in flexibility and choice as a cornerstone for the design, its large floor plans will spur connection as tenants create, learn and collaborate.
Just outside, an exterior plaza and café will connect the building with the street, open spaces and train station next door. On upper floors, a central four-story atrium will spread light through the large floor plans.
The crown jewel of the restoration is the rooftop, which offers stunning views of Michigan Central Station, Detroit, the riverfront and Canada. A broad range of exciting amenity offerings will support year-round enjoyment of the rooftop space for tenants and guests.
The Factory is the first Ford-owned building to open in the Michigan Central mobility innovation district.
Once home to the Chicago Hosiery and Detroit-Alaska Knitting Mills factories, it is now the base for more than 250 members of Ford's autonomous vehicle business and operations team.
Ford acquired the building in May 2018, putting the company back in the city where Henry Ford first invented the assembly line a century ago.
From this hub, Ford's AV team connects the work being done across its various test cities, along with further developing its commercialization efforts for moving people and moving goods, and expanding its customer experience and fleet management operations.
The Michigan Central Information Center is also located at The Factory but is temporarily closed due to the Covid-19 pandemic.
East of the station, Ford will build a parking garage and mobility hub at 14th and Bagley that provides 1,250 parking spots for Michigan Central workers and serves the community with a pedestrian-oriented streetscape and new public amenities. The building's dynamic, irregular shape maximizes sunlight and will offer surprising vistas for walkers and bike riders along the future greenway connecting to the new riverfront development at Ralph C. Wilson Jr. Centennial Park.
The Bagley Parking Hub will enhance street life through exterior artwork, two new public plazas, green spaces and a tree canopy. Public amenities being explored include free Wi-Fi, outdoor seating, drinking fountains, restrooms, bike storage and public parking on evenings and weekends.
The parking structure will also serve as a mobility hub, offering micro-mobility solutions like e-bikes and scooters. A shuttle service to move workers and goods within the mobility innovation district may also support residents living in the impact area.
A first-of-its-kind mobility testing platform, in the city that put the world on wheels.
We are transforming a set of abandoned elevated railroad tracks behind Michigan Central Station into an open, versatile landscape for testing, rapid prototyping and showcasing emerging technology. A place for the public to experience new mobility solutions like scooters, e-bikes, last mile delivery services and autonomous vehicles, along with the people designing them.
The mobility platform will be a key gateway to the south entrance of train station, connecting to other public spaces, providing shared paths for pedestrians and cyclists and offering gathering spaces for the community, reconfigurable for a variety of uses.
The new development will be home to 1.2 million square feet of commercial space, including retail, restaurants, and hospitality. It will be a showcase that supports local arts and culture, a vibrant part of the fabric of the neighborhood, and a must-see destination that welcomes visitors from Detroit, the region, and around the world to experience the cutting-edge in both technology and culture.
Exercise your rights under the California Consumer Privacy Act here.
Michigan Central is a brand owned by Ford Motor Company. If you share your personal information with Michigan Central, you are sharing it with Ford Motor Company. Ford will be assisting you if you choose to exercise any of your rights under the California Consumer Privacy Act.
© 2021 Ford Motor Company All Rights Reserved.

redpajama_set_name: RedPajamaCommonCrawl


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Welcome to YourPetHatesYou.com - your one-stop shop for articles, advice and reviews about everything you need for your four-legged friends. We're passionate about dogs and want to help you make the best decisions about everything you need to keep your pet happy and healthy.
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INFUSEmedia Receives Bronze B2 Award from the Association of National Advertisers
INFUSEmedia receives a Bronze B2 Award from the Association of National Advertisers (ANA) in the Demand Generation category.
As one of the oldest US trade associations, ANA has promoted networking and celebrates innovation in the ad industry since its inception.
Additionally, for over 45 years, the B2 Awards have set the global standard for excellence in B2B. B2 Awards honor marketers who understand that in B2B, "Effective is just the beginning." These individuals, teams, and companies hold themselves to the highest standards of excellence, from extraordinary marketing processes and insights to exceptional business growth.
Given that, we're blown away by the recognition of our team and we couldn't be more proud of their work on our 100 Free Leads Business Reopening Toolkit programs.
These campaigns, which were the reason we were noticed by ANA, were launched during the height of the COVID-19 pandemic to support businesses through the economic slowdown. By providing leads and other crucial resources to companies across the globe, the teams at INFUSEmedia helped them operate and scale throughout the economic uncertainty.
We can't thank ANA enough for recognizing our team's efforts.


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Home Safety of Journalists
Suspected Jihadists Abduct Journalist
MaliSafety of Journalists
Militants suspected to be jihadists have abducted a journalist in Mali with his whereabouts unknown three days after the incident.
Issiaka Tamboura, publisher of the weekly Soft newspaper, was abducted on December 27, 2018 while he was driving from his native village of Boni, in the region of Mopti, to Bamako.
All the three phones of the journalist stopped responding to calls a couple of hours after he left the village where he had attended a funeral, according to a family source.
Eyewitnesses told a search party that had gone in search of Tamboura following the lost of contact that he was stopped at gun point near Nakora on December 27 in central Mali and taken away by armed militants.
A military source confirmed to local media that the journalist's vehicle has been found at the foot of a hill near Nakora.
A family source said Tamboura must have been targeted, because he was carrying a press card which identified him as a journalist. The source said Tamboura has been writing extensively about the atrocities being committed by the militants in Mali.
The Maison de la Presse, Mali's journalists' union, have called for the immediate release of Tamboura, the first local media professional to be abducted since the outbreak of the insurgency in the north of the country.
The incident revives dreadful memories of the November 2, 2013 abduction and murder of Ghislaine Dupon and Claude Verlon, two French journalists working for Radio France International, by militants in Kidal, Northern Mali.
"We are very worried. Since the beginning of the Malian crisis, journalists have been molested and intimidated but this is the first time a Malian journalist has been kidnapped. We are asking for his immediate release, "Alexis Kalembry, an official at the Maison de la Presse, told AFP.
The MFWA joins the media fraternity in Mali in calling for Tamboura's immediate release. We urge the security forces in Mali to deploy every effort to locate the abductors and free the journalist.
More On Mali
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Call for Application: Climate Change Journalism Fellowship in West Africa
Read more from Mali


text:
using System;

namespace LinqToDB.Common
{
	class Option<T>
	{
		public readonly T Value;

		Option(T value)
		{
			Value = value;
		}

		public bool IsNone
		{
			get { return this == None; }
		}

		public bool IsSome
		{
			get { return this != None; }
		}

		public static Option<T> Some(T value)
		{
			return new Option<T>(value);
		}

		public static readonly Option<T> None = new Option<T>(default(T));
	}
}

redpajama_set_name: RedPajamaGithub


I will deliver your sounds I promised that much .
The thing with loss, is that it creeps up on you from behind. And when you're least expecting it, it jumps you, and you feel like you've been dragged right back to day 1, when your world seemed to stop.
All I can really advise Mark is to try and focus on all the laughs, smiles and happy times.
Mark I am new here however not to posting in forums. Your support on your soundsets has been nothing but fantastic. Like most of us you do have other things to be getting on with yet so much of your time has been to try and help us all with our different requests. Ive spoke to you on here a few times and as you know i am very grateful for your work. I am a massive flight simmer and very much appreciate it. I wish you all the best my friend and really do thank you for all your hard work. Over and out Captain!
Thank you so so much Mark for doing this !
The hurt in your heart must be really painful.
Please take care of yourself, Steve meant a lot to us too.
Where is the link for the sound update?
Thanks Mark for the sounds and files as well as Dave and Christian for their contributions.
Congratulations with that sir, Wish you the best.
Thanks for doing so much for this community!
I could only use 1 word for this kit: A M A Z I N G !
1st if you could remove/mute 60 and 70 GPWS callout because they arent very used that would be great.
2nd Your new autopilot disconnect sound is great but if you could get the sound from a real airbus it would be great too.
3rd and last I dnt know if you can do this but when you disconnect both autopilots with approach mode enganged you hear the autopilot disconnect sound and the landing aicraft capabilitty change at the same time and i Would ask you if you could but it like this: in a real airbus you hear the AP sound 1st then the landing capability( sometimes 2 times) If you could put everything like this it would be fantastic.
I will be releasing the IAE SOUNDPACK sometime next week which must mean it's close!
Next version will include a new autopilot sound as request by you guys !
But you see the the feedback on ELEVEN pages is full of support and thankful comments for you ?


text:
Andrew J Oswald
November 2nd, 1923 to July 22nd, 2019
Andrew J. Oswald, 95, of Fort Gratiot died Monday, July 22, 2019.
He was born November 2, 1923 in Detroit to the late Andrew C. and Marguerite I. (Potts) Oswald. He married Eleanor I. Caughill in St. Stephen's church in Port Huron.
Andrew graduated from Minden City High School in 1942 and joined the U.S. Army in 1943, serving in the European Theater where he attained the rank of Staff Sergeant.
Andrew then graduated from Green's Barber College and owned and operated Andy's Barber Shop for many years.
Mr. Oswald is survived by his wife, Eleanor; two daughters, Diane M. Oswald and Kelly G. Clines; one granddaughter, Chandra Clines and her husband, Russel Pierrson; two great grandchildren, Alex Pierson and Abbygail Clines; two sisters, Eileen (Dr. Robert) Lohr and Rita Stoner; and many nieces and nephews. He was preceded in death by two infant daughters, Kathleen and Mary Oswald; three brothers, Thomas, Earl, and Charles Oswald; two sisters, Anne Marie Oswald and Edna Hansen; and one granddaughter, Valerie Mullally.
Visitation will be from 3-8 PM on Thursday, July 25, 2019 in Karrer-Simpson Funeral Home.
A Funeral Mass will be held at 11:00 AM on Friday, July 26, 2019 in St. Edwards-on-the-Lake Catholic Church, Lakeport with visitation beginning at 10:00 AM.. The Reverend Lee Acervo will officiate.
Burial will be in Mt. Hope Cemetery. Military honors will be conducted under auspices of the Unites States Army and the St. Clair County Allied Veterans Honor Guard.
Memorial contributions may be made to Blue Water Hospice.
Chandra Vought
Marlene A Sorget
Karrer-Simpson Funeral Home — 1720 Elk St. Port Huron, MI 48060 — 810 985-9605
Thomas K. Simpson — Manager


The building is a new 10,500m2 houseblock built as part of the £47m expansion of the existing Parc Prison & Young Offenders Institution in Bridgend, South Wales.
The houseblock includes 326 cells, arranged in blocks, connected to one another by links which house general office type accommodation.
Sustainability was at the heart of the design, with the target to achieve the NOMS requirements for a BREEAM Excellent.


text:
How to explore the untouched island of Tobago
If you fly to the end of the chain of islands in the Caribbean, you'll find the beautiful country of Trinidad and Tobago. While the more southern Trinidad is the larger and more populous of the two islands, Tobago is an unspoiled trove of idyllic beaches, scenic activities and tantalizing food. For the newlywed couple who wants an out-of-the-ordinary Caribbean honeymoon, Tobago should be at the top of their list—because whether you're looking for adventure or you simply want to sit back and enjoy the views, it has something for every kind of traveller. From where to stay to what to do, we have your complete itinerary for the perfect Tobago getaway.
Canadians can fly directly to Tobago from Toronto with Sunwing Airlines during peak season, between December and April. You can also fly into Trinidad and then take a quick 20-minute domestic flight to Tobago (it's so short you can close your eyes for a power nap and awake in paradise). As soon as you step onto the island, you'll feel a sense of calm, as well as the genuine warmth and hospitality of the Tobagonians.
Stay in Charming, Perfect-For-You Accommodations
Before exploring everything the island has to offer, you'll need to figure out where to stay. Tobago has a variety of resorts and hotels specifically designed for different types of travellers. If you're a couple who wants an elegant resort where you can stroll through the gorgeous grounds, golf and relax poolside, Mount Irvine Bay Resort is your top pick. For newlyweds who want an experience with wellness-focused activities and meals made with sustainably grown ingredients, Kariwak Village, located near the airport, is ideal. There are also plenty of options for those who want to be on the ocean.
Mount Irvine Bay Resort: This expansive, beautiful former estate is rich in history and one of the best places to stay in Tobago. It was once home to a sugar mill and a coconut plantation. Stay in one of the luxe suites or opt for a cottage for more privacy. Plenty of space and beautiful landscaping make this a serene, calm resort where you can take a dip and enjoy a drink at the pool's swim-up bar, indulge in a spa treatment, or practise your swing at the award-winning 18-hole course. Photo credit: Alexa Fernando
At the northeast end of the island, you'll find Blue Waters Inn, a resort boasting a beach right outside its villas, as well as a relaxing infinity pool and jacuzzi (bonus: there's also an Insta-worthy pier). If a private beach is a must for you, Coco Reef Resort & Spa has one you can access right from the open-air lobby. Stay in a spacious villa with a patio overlooking the resort and sea. And for a unique experience, Castara Retreats offers eco-chic apartments built into the hillside, with views of picturesque Castara Bay. With the solid-wood apartments each built at different heights on the hill, you'll feel like you're sleeping in a treehouse. No matter which accommodation you choose, each one has its own unique characteristics and offerings.
Get Close to Nature and Wildlife
More than 260 species of birds can be found in Tobago, so it's no wonder that avid birdwatchers make up a big percentage of the island's tourists. If you've never experienced birdwatching, snag this opportunity to get up-close and personal with hummingbirds, motmots, blue-grey tanagers and more at Adventure Farm and Nature Reserve. Take a leisurely walk along the property's handful of trails to see its flora and fauna, and then sit awhile on the viewing deck to watch the birds as they come to feed. Accommodations are also available at the park if you want to fully immerse yourself in the island's nature and wildlife.
(Get a close-up look at the island's 260 species of birds, including the blue- chinned sapphire hummingbird)
Lounge on the island's incredible beaches
Tobago's plethora of beaches make it easy to enjoy all that beach life has to offer, from soaking up some sun to swimming in clear blue waters. And there's a place on every part of the island to take in stunning views of Tobago's coastline. Couples who want a more secluded spot will love Englishman's Bay, one of the island's most beautiful beaches, shaped in a traditional crescent and framed by an abundance of palm trees. If a bustling hotspot is more your vibe, the government-owned Pigeon Point Heritage Park is popular with tourists and locals alike. There you'll find white sand beaches and turquoise waters, the iconic Insta-worthy pier with a thatched roof, restaurants, and souvenir and water-sport shops.
(Pigeon Point is one of the island's most popular beaches, with a variety of amenities including restaurants and bars)
Indulge in romantic activities and water adventures
Taking a dip in the waters of Tobago goes beyond its beautiful beaches. One of the most romantic spots in Tobago is Nylon Pool, a metre-deep lagoon created by a shallow coral sandbar out in the sea off Pigeon Point. Named by Princess Margaret, who likened the crystal-clear water to the transparency of nylon, this natural pool is a popular spot for island boat tours. You'll want to share a newlywed kiss while you're there, as it's said that if a couple kisses in Nylon Pool, their love will last a lifetime. Afterwards, head over to No Man's Island, an uninhabited stretch of sand that's the perfect spot for couples to picnic and lounge in the sun. To explore even more of the island's waters and aquatic life, snorkelling is a must. Catch a glimpse of coral reefs and tropical fish off the shores of Castara. Or book a tour of the coastline with Tobago Waterholics, which offers the opportunity to snorkel and see the beautiful reefs at Buccoo and Arnos Vale.
Back on the island, there's lots more to explore. A short 10-minute hike into Tobago's rainforest in Parlatuvier will lead you to Parlatuvier Falls, a waterfall with a shallow basin you can bathe in, and one of the most beautiful, tranquil spots on the island. Because it's nestled in the rainforest (a sight unto itself, with towering bamboo trees), the waterfall is a popular spot for relaxing and hanging out on a warm afternoon. If you're looking for a romantic activity that could be equally relaxing, take a horseback ride on the beach with Being With Horses. This is the perfect opportunity to connect with your partner and the horses and take some seriously spectacular photos.
Being with Horses
Experience the island's tantalizing dishes
Foodies will find no shortage of local plates to delight the senses. Bursting with flavour and heart, we highly recommend experiencing Tobago's signature dish, curried crab and dumplings, from Miss Trim's, a busy kiosk at the Store Bay Beach Facility in Crown Point, at the southwestern tip of the island. Coconut milk, curry, ginger and other spices are added to lime-marinated softshell crab and cooked to perfection, before being ladled atop flat dumplings and served with provisions (root vegetables).
(Curried crab and dumplings—the island's signature dish—is a must-try at Miss Trim's. Photo credit: Alexa Fernando)
If you're in Speyside, at the other end of the island, you have to stop at Jemma's Tree House for lunch. Lobster and fish dishes are especially delectable, and the scrumptious breadfruit pie is a must. With authentic food and beautiful ocean views, this is one spot that shouldn't be missed. When it comes to dinner, opt for the best Italian food on the island at La Tartaruga, a gem of a restaurant helmed by Chef Gabriele De Gaetano, whose passion for food shines in his dishes. Any newlywed couple will appreciate the warm, intimate atmosphere as well as the extensive wine list, expertly curated by De Gaetano, who travels to Italy every year in search of vintages to add to the roster. If romantic ambience is what you're after, it reigns supreme at Seahorse Restaurant in Black Rock. Dine al fresco under twinkling lights, savouring dishes made with fresh, local ingredients. Cap dinner off with a delightful dessert—the perfect ending to the sweetest night.
Article by: Wedding Bells, weddingbells.ca


text:
I'll tell you what happened to music hall
November 16, 2009 by Lloyd Shepherd
On Saturday night, I went to the Brixton Academy. And I saw music hall.
Not washboards and how's yer father. Carter the Unstoppable Sex Machine, since you ask. And it occurred to me that what makes so much British music great and, unAmerican, is its nature as music hall.
All the elements were there. The alcohol. The singalongs. The banter from the stage. The songs about local places (Peckham, Tulse Hill, Brixton). The call from Jim Bob for someone, anyone, to get him a brandy. And the general sense of being part of a shared gag.
It made me think of a list of bands who would qualify as music hall. The Beatles would. The Stones wouldn't. Blur would. Oasis wouldn't. Madness would. The Clash would. The Cure did for a while, then didn't.
(And, incidentally, it's this music hall quality which Simon Cowell doesn't get – he thinks pop music is about hummability and spectacle. It's not. It's about a oneness with the performer. At least British pop is.)
I know this is not an original thought: Paul du Noyer had it years ago. But it took a reunion greatest hits gig from an undervalued band who were based in Gypsy Hill (I think) for me to understand British pop's sweet spot is somewhere equidistant between Memphis, Tennessee and Whitechapel.
Filed Under: Delightful


Let it be known that I am a complete sucker for Christmas! One of my favourite things to do at this time of year is forage for beautiful pieces of nature to decorate my home with.
To me, there are few things quite as satisfying as foraging for sloe's to make my own sloe gin, or collecting damp smelling woodland pinecones to fill my fireplace. Every year I go to a local grower who cuts down my hand-picked Christmas tree, and with that they also load me up with bundles upon bundles of pine tree offcuts which I use to make wreaths, garlands, and dress my favourite area of all…my Christmas dining table.
So here's a little 'how to', to show you how you can create your own Christmas dining table worthy of the pages of a lifestyle magazine!
Next, take your pine branches and cut with sharp secateurs so that the ends are neat, (it doesn't have to be pine, you could use any hardy waxy foliage that lasts well out of water). Lay your branches on top of the muslin one by one, starting from the inside of the table and moving outwards to the ends.
Candles are the perfect way to create ambience, and I'm a huge fan of clustered candles at varying heights. Here I've used some beautiful antique gold and brass candlesticks, offset with pure white candles and a few metallic gold ones to mix things up a bit.
Nestle your candle sticks among the foliage along the entire length of the table. Balance is important, but if you know my style you'll know that precise symmetry is definitely not my thing!
Don't over complicate your table setting, and keep in mind leaving ample space for the piles of food that are about to descend upon it! I've kept the floral elements very simple, filling cut crystal tumblers with white helleborus, and gold goblets with deep burgundy astilbe, cow parsley, and my favourite; bunches of pink peppercorns, which create beautiful movement.
Tableware is just as important as the purely decorative elements. I know they will soon be smeared in gravy and overflowing with festive nectar but, choosing the right tableware can finish off your table impeccably. Be adventurous with your choices too, as long as the elements of your table complement one another, nothing has to be too matchy.
Instead of place mats or chargers I've used three sizes of gold and white china plates, and stacked them on top of one another. I've selected a variety of gold, silver and wood handled cutlery, and a mix of antique cut crystal glasses.
To finish off, it's always nice to dress each place setting, so I've laid a sprig of sprayed gold fern and some eucalyptus 'gum nuts' on each plate. Handmade miniature crackers are also a nice touch, and that way you can personalize them for each of your diners.
Voila! All that's left is to light you candles, toast with some champagne, eat and be merry!
When I'm not surrounded by flowers or sketching out styling plans, I can be found dreaming of moving to California, renovating my house in West Hampstead and obsessing over my extremely lazy dog, Tilly!


Excellent writer. Very reliable and speedy work. Highly recommended!!
Awesome communication and finished before due date.
She did an amazing job. I couldn't have asked for better. Well done. Gave work before time and always there to help. Well with communicating on what I wanted Overall, a great job. Thanks.


text:
Q: Best Jpeg Encoder for Silverlight 4.0 I want to convert Writablebitmap to Jpeg stream, and it looks like there is no platform support as well as I can see a bunch of opensource Encoder libraries on web, I want to get your opinion on which is the recommended one in terms of performance and reliability.

A: I made good experience with FJCore.
I also blogged about it a while ago http://kodierer.blogspot.com/2009/11/convert-encode-and-decode-silverlight.html

A: I've spent quite a bit of time with both FJCore and LibJpeg.Net.  FJCore is easier to use, since it was ported over from Java, and has an object model that vaguely resembles what you'd expect to see in C#.  However, LibJpeg.NET is by far the more complete library (it's based on the informally canonical libjpeg), and it's significantly faster as well.  To give one example, FJCore uses a naive implementation of an inverse discrete cosine transform that involves something like 1024 multiplications and an additional 1024 additions for each 8x8 block.  In contrast, LibJpeg.NET uses the high performance AAN algorithm which only takes 144 multiplications and 464 additions (see http://datasheets.chipdb.org/Intel/x86/MMX/MMX/AP528.HTM#AAN Algorithm).  In addition, FJCore is fairly inefficient in how it uses memory, constantly recreating objects that could easily be re-used.  At the same time, because FJCore has fewer optimizations, it's significantly easier to hack.
For my current project (which involves writing a video codec for Silverlight), I used FJCore as a starting point, fixed a whole bunch of its inefficiencies, replaced its IDCT algorithm with the one from LibJpeg.NET, and ended up with something that gave me about 10x the original performance.

A: Ken why don't you submit your updated code to the FJCore source?
http://code.google.com/p/fjcore/

redpajama_set_name: RedPajamaStackExchange


text:
Trietylenotetraamina – organiczny związek chemiczny z grupy poliamin. Jest to oleista, bezbarwna cieczą, ale jak wiele amin, może mieć barwę żółtą z powodu zanieczyszczeń będących produktami jej utleniania. Jest rozpuszczalna w rozpuszczalnikach polarnych i cechuje się reaktywnością typową dla amin.

Trietylenotetraamina jest otrzymywana z etylenodiaminy lub etanoloaminy i amoniaku.

Zastosowanie
Zastosowanie TETA wynika z jej reaktywności i obecności czterech grup aminowych. Przede wszystkim stosuje się ją jako czynnik sieciujący żywice epoksydowe. Chlorowodorek TETA jest czynnikiem chelatującym, którego używa się do wiązania i usuwania miedzi z organizmu w leczeniu choroby Wilsona, szczególnie w przypadkach, gdy nie można zastosować penicylaminy.

W chemii koordynacyjnej ligand TETA oznacza się skrótem "trien".

Przypisy

Poliaminy
Związki chelatujące

redpajama_set_name: RedPajamaWikipedia


July's 'Open Court,' is a Wimbledon special with host Pat Cash reflecting on how the most prestigious grass court tournament played out. A former Wimbledon champion himself, Cash will look at who took home this year's trophies and explore the prestige that comes with the tournament win.
Also, the programme will remember Elena Baltacha (pictured). The former British Number One died last year from liver cancer at the age of 30, but her legacy is burning bright. 'Open Court' travels to the Elena Baltacha Academy of Tennis, an organisation that provides high quality programmes for both young girls and boys. The organisation was set up by Baltacha to give those less fortunate the opportunity to play tennis. Baltacha's widower Nino Severino, talks to CNN about Elena's legacy.
This month's 'Vital Signs with Dr. Sanjay Gupta' explores the most common sensory disorder affecting 360 million people worldwide: hearing loss and deafness.
From revolutionary research about the brain's relationship with sign language, to the next generation of hearing implants for children, 'Vital Signs' looks at how people around the world are breaking down the sound barrier.
One of those affected is National Football League and Super Bowl champion Derrick Coleman (pictured), who CNN meets at a game of football he is organising for children in Tacoma, Washington. When he was growing up, Coleman, who plays for the Seattle Seahawks, was called "Four Ears". He couldn't hide his bulky hearing aids but also couldn't hear without them. Coleman didn't let this affect his progression in the NFL as he focused on the one thing he felt leveled the playing field: American Football. He reveals his journey to the top of the American sport, on 'Vital Signs'.
This month, CNN's 'The Circuit' comes from Hungary, with a preview of the Hungarian Grand Prix.
Taking place at the end of July the Hungarian Grand Prix was the first to be hosted behind the Iron Curtain almost thirty years ago, in 1986. Host Amanda Davies is joined in Budapest by last year's winning team, Red Bull, to explore the unique history of this race.
The Red Bull team, fronted by drivers Daniel Ricciardo and Danil Kvyat, show Davies how to exit a Formula One cockpit in the required five seconds. Davies also gets a chemistry lesson in F1 fuel with Ferrari, at the Hungaroring circuit in Mogyrod, Hungary.


text:
Q: Concurrent Rehashing. What is "rehashed segment" in multilevel rehashing? Looking for an algorithm for implementing concurrent hash tables that don't rehash the entire table each time it needs to resize it I found the following paper:
Per-bucket concurrent rehashing algorithms
The "Multilevel rehashing" concept got my attention. The paper says:

2.3 Multilevel rehashing
The drawbacks of recursive hashing may be addressed by extending
  buckets with a more complex control field that indicates the number of
  segments rehashed. So, any operation accessing an "old" bucket can
  detect whether rehashing is necessary and move the data directly into
  all the new buckets available at once as shown in Figure 3.
  Nevertheless, recursive rehashing may be a better choice when resizing
  is a rare event and there is no space for additional field in the
  bucket.

But I don't get it. What are rehashed segments?
The paper later says:

For multilevel rehashing, this check is trivial using information
  about rehashed segments stored in the bucket, which in fact is current
  capacity effective for the given bucket. The difficulty here is rather
  in algorithm of detecting a correct root parent while other threads
  can rehash it concurrently (not discussed in the paper).

Again, What are rehashed segments?


text:
Q: display files and dir in linux as graphic mode how to display the directories and files in graphic way
I forget the command in linux but some linux command can displayed from root directories the recursive directories like this
root
|

sbin  etc   var ...
|   |     |

dir dir dir dir ........

|   |   |   |
|   |   |   |

A: I would recommend that you use the tree program. It's distributed along with the popular GNU/Linux distros and is much more durable than a shell pipeline.

A: For an output like
|-root
|---dir00
|-----dir01
|---dir01

Try this

A: You may use this :
ls -R | grep ":$" | sed -e 's/:$//' -e 's/[^-][^\/]*\//--/g' -e 's/^/   /' -e 's/-/|/'

Pay attention, this command will recursively list all files in the current directory, so don't run this command from the root directory ;)


Professional Grade Solution for Legacy or Industrial serial RS-232 device connectivity to a Laptop or Desktop Computer. This Adapter Retains all COM port setting assigned by the operating system and or modified by user. this is very convenient if adapter is disconnected and reconnected at a later time to another USB port on the same computer.
The USBG-4X232P1 USB Quad Serial Adapter is designed to make serial port expansion quick and simple. Connecting to a USB port on your computer or USB hub, the USB Quad Serial Adapter instantly adds four RS-232 serial communication ports to your system. By taking advantage of the USB bus, the USB Quad Serial Adapter makes it easier than ever to add serial ports and serial devices to your system with easy plug-and-play and hot plug features. Plugging the USB Quad Serial Adapter to the USB port, the adapter is automatically detected and installed. There are no IRQ & COM port conflicts, since the ports don't require any additional IRQ, DMA, memory as resources on the system. The USB 2.0 Quad Serial Adapter is bus-powered, and it works with the USB host port supplying power of 500mA.
The USB2.0 Quad Serial Adapter provides instant connectivity with modems, ISDN TAs, PDAs, handheld & pocket PCs, digital cameras, POS, serial printers. It is suitable for remote access, retail and industrial applications, data collection and other applications requiring high speed RS-232 serial communication ports. Complete drivers support Windows 98, 98 SE, ME, Windows 2000 & XP Vista and More.