Political Influences in Changes To Setting Australian Accounting Standards
Political Influences in Changes To Setting Australian Accounting Standards
Political Influences in Changes To Setting Australian Accounting Standards
doi:10.1006/cpac.2000.0410
Available online at http://www.idealibrary.com on
Introduction
The political nature of accounting standards has long been recognised (Zeff, 1972;
Moonitz, 1974; Fogarty, 1992) and there has been continued debate over the role
of government in the domain of setting accounting standards. It has also been
recognised that the lobbying of and actions by standard-setting bodies are part
of a much wider political process. Over these years, the accounting profession
has sought to control the regulatory process, as part of maintaining its authority
within the traditional boundaries of its discipline, but other interested parties and
professions have seen opportunities therein to expand their spheres of influence.
Address for correspondence: E-mail: [email protected]
Received 1 January 1999; revised 13 December 1999; accepted 20 January 2000
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being subject to strong direction from the Government in the nature and content of
the standards. Government involvement has been more significant in enforcement,
since a breach of a AASB standard became a breach of the Corporations Law.
Recent Developments in Corporate Law
The existing Corporations Law was created by a rather hurried amalgamation of the
Companies Code, the Securities Industries Act 1980 and the Futures Industry Act
1986, and since it became operative in 1991, there have been frequent amendments
designed to fix various problems. Such ad hoc amendments were seen as superficial
and not addressing the deeper structural and content problems, thus leading to a
climate of opinion supporting major reform.
In 1993, the Labor Government, at the instigation of the Attorney General, Michael
Lavarch, initiated the Corporate Law Simplification Program, based on widespread
consultation with the business community and structured to phase in change in
four steps. The reforms aimed to make Corporations Law easier to understand, so
as to reduce the cost and difficulty of compliance, without diminishing the quality
of information and protection for shareholders and creditors. The First Corporate
Law Simplification Act 1995 was passed in the second half of 1995, became
operative 9 December 1995, and was relatively well received by the business world.
It introduced significant changes to the financial reporting required of companies,
in that it effectively removed the need for small proprietary companies to prepare
and lodge audited financial statements, and substantially reduced that burden for
many large proprietary companies. The two accounting bodies opposed the change
to base reporting requirements on the small/large criteria, claiming the concept of
reporting entity provided a better basis for differentiation. Further amendments in
respect of financial reporting were included in the first draft Second Corporate Law
Simplification (CLS) Bill (issued June 1995), together with some more controversial
proposals: removing par value and facilitating reductions in subscribed capital. The
areas of fundraising (prospectuses), takeovers, and directors duties were to be
addressed in the Third Bill and the balance of major areas in the Fourth Stage.
When the Liberal Government gained office in March 1996, it announced its
support for the Simplification Program. Responsibility for the program was moved
from the Attorney-Generals Department to the Treasury, along with all matters
related to Corporations Law and securities regulation. A revised draft Second
CLS Bill was issued at the end of June 1996, and referred to the Parliamentary
Joint Committee (PJC) on Corporations and Securities for review. That Committee
held several public hearings and published its report on 18 November 1996. It
was expected that the Second CLS Bill would be presented to Parliament before
Christmas and be operative by 1 July 1997.
However, there were no further developments until March 1997, when the Liberal
Government announced its intention to make Simplification part of its new, wider
review, the Corporate Law Economic Reform Program (CLERP). The new program
was described as bringing a commercial focus to the law in order to encourage
business activity. Its designated areas8 included the topics planned for the Third
and Fourth Stages of Simplification but the first topic was new: reform of setting
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accounting standards. The Simplification Task Force and its Consultative Group
were disbanded and, in May 1997, the Government announced the appointment of
its Business Regulation Advisory Group (BRAG).
Although the Treasury claimed wide consultation with business in developing the
CLERP proposals,9 the process was not very open. Only brief lists of proposals
were circulated to a limited audience. The role of the BRAG group was to advise,
not develop policy proposals,10 and minutes of their meetings were not available
through the usual channels. There was a perception11 that the Liberal Government
had been reluctant to progress the Second CLS Bill, for fear of giving the Opposition
(the Labor Party) the opportunity to claim credit for the major topics in that Bill and
in the CLERP programme. It needed a new issue to demonstrate its ownership of
the programme, and this was found in the domain of setting accounting standards.
The area was not associated with Labors Simplification Program, could be seen
to belong distinctively to the Liberal Government, and was therefore the topic of
the first of the CLERP papers, published in September 1997. Five CLERP papers
followed closely, with an extremely short period permitted for interested parties to
submit responses to the Treasury. The stated intention was to introduce legislation
on all six CLERP proposals early in 1998,12 so as to be operative as soon as
possible.
On 20 November, 1997, the Government issued its response to the PJC Report
(18 November 1996) and announced that the Second Corporate Law Simplification
Bill would be amended slightly and known as the Company Law Review Bill 1997.
The Bill was introduced into the House of Representatives on 3 December 1997,
passed by the upper house, the Senate, in the last week of June 1998, and
then, with uncommon speed, proclaimed on 29 June, operative on 1 July 1998.
On 2 July, the Corporate Law Economic Reform Bill 1998 (covering accounting
standards, fundraising, takeovers, and directors duties, the first four CLERP topics)
was introduced into the House of Representatives, but it lapsed following the
decision at the end of August 1998 to call an election on 3 October 1998. The
Liberal Government was returned to power with a bare majority (and loss of
control in the Senate), and the bill, virtually unchanged, was re-introduced in
early December 1998, renamed the Corporate Law Economic Reform Program Bill
1998. After passing in the House of Representatives in early June 1999, progress
through the Senate was slowed by opposition to the fundraising and takeover
provisions. The bill was passed in October 1999 and among the many amendments
were those relating to the structure of setting accounting standards. Although the
expected date of commencement was 13 March 2000,13 the changeover process
was already well advanced, the Treasurer having informally appointed the new
oversight body, the Financial Reporting Council, in September before the bill was
passed.
In its final version, the new structure differs little from that originally proposed by
the Treasury in 1997 and it is significant that the basic details were developed in mid1997 when the governing Liberal Party was facing substantial electoral pressure.
721
New Structure
Original Proposals
The nature of the new structure first became public in September 1997 when
the Federal Government released its proposals for significant alterations to the
structure for setting accounting standards in the first of the CLERP papers, entitled
Accounting Standards: Building International Opportunities for Australian Business.
It proposed the two existing boards that set accounting standards, the Australian
Accounting Standards Board (AASB) and the Public Sector Accounting Standards
Board (PSASB), be amalgamated to form a new body, the Australian Accounting
Standards Committee (AASC), and that the standards of the International Accounting
Standards Committee (IASC) should be adopted from 1 January 1999. The AASC
was to be removed from the Australian Accounting Research Foundation (AARF
being seen to be excessively influenced by the professional accounting bodies)
and given a new technical-support secretariat. It would be funded by (and more
representative of) a wider range of contributors, administered by a Financial
Reporting Council (FRC), and required to implement directives from the Treasurer, in
certain nominated areas. A more detailed description of key proposals is presented
in Appendix 1.
The Treasury proposals were accompanied by an Explanatory Memorandum
justifying the declared intentions. The Treasury stated that consultation was an
important part of its programme and requested interested parties to respond by
17 October 1997. However, by this stage, submissions were unlikely to have any
effect, since the accompanying Press Release stated that Treasury had already
consulted with peak bodies. Off the record, Treasury officials admitted that the
major decisions had been made and the probability of approval of any significant
deviation was remote.
Evaluation of Proposals
When the proposals are analysed, substantial deficiencies become apparent, some
so major that it is not possible to defend the proposals as logical or achieving the
stated aims of the Treasury. The following defects and the internal contradictions
were noted by respondents to the original proposals.
inefficiency
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E. K. Stoddart
previous alterations to the structure, the initiation of change was not in response to
an economic crisis or to perceived inaction on the part of the standard setting board.
There have not been systematic corporate collapses in Australia in the last five years
and the output of AASB has been considerable. Criticisms that the standards are
overly legalistic and prescriptive have not been founded on any rigorous analysis or
research and seem to be voiced mainly by those groups that regard most forms of
regulation as an unwarranted interference in their activities. The proposals are not
justifiable on theoretical, pragmatic, or economic grounds.
Subsequent Modification to Original Proposals
The draft legislation released in March 1998 repeated the proposals in CLERP 1
substantially unchanged, except for two items, the first being the name of the
standard setting body (reverting to Board, instead of Committee) and the second
being a very reduced commitment to the adoption of IASC standards. In subsequent
legislation presented to Parliament in July 1998, the Corporate Law Economic
Reform Bill 1998, the mandatory adoption of IASC standards had been downgraded
to a possible, less-specific, recommendation by the Treasurer. The Corporate Law
Economic Reform Program Bill 1998 reiterated the earlier bill but the Senate added
over 100 amendments, including six affecting the accounting standards provisions.
All explicit references to IASC were removed and replaced with more general
references to support for international standards, provided this was in the best
interests of Australian corporations. The Labor opposition succeeded in adding
provisions to restrict the Financial Reporting Council, preventing it from vetoing a
AASB standard or directing the AASB to make a standard. The final legislation did
not provide explicit reference to the sources of funding and was less than specific
in some other areas; for example, it did not state that the Chair is to be a full-time
position. It leaves much to be interpreted in the implementation by Treasury.
Since logic and theory do not appear to be the source for the reforms, explanations
for the initiation of the change and its content must be sought elsewhere. This
reinforces the need to examine the circumstances surrounding the reforms to identify
the stakeholders in the domain and their motives and relative power.
723
Although lobby groups are generally described as those who make representations
to politicians and public servants, it is appropriate in this case to include the Treasury
and the Treasurer on the same basis as other groups, since it is believed that they
are also driven by self-interest. It is not accepted that politicians and their executive
are disinterested players, motivated solely by what they perceive to be in the best
interest of the community, and, in line with the views of Stigler (1971), it is a central
tenet of this paper that the primary reason for the re-shaping of standard setting
related to the needs of the Government, not the electorate.
The Treasury and the Treasurer
The Treasury is a key department in any government and it has been particularly
significant in the Australian context, several Treasurers having later become Prime
Ministers. The Liberal Government on gaining power in March 1996 increased
the powers of the Treasury, adding corporate law and related matters. It became
incumbent on the department and the Treasurer to demonstrate their capacity to
govern this new territory. After just over one year in power, there was little evidence
of this and activity in other more traditional territories had not produced politically
valuable results.14 The area of setting accounting standards was perhaps seen as
offering great potential because it was
not part of the Labor Governments Corporate Law Simplification Program,
little understood by the public at large,
not likely to cost much,
ostensible results could be achieved in a short time frame, and
major stakeholders were dissatisfied with current arrangements.
At the time of devising the proposals, there was growing electoral pressure on
the Liberal Government to be seen to be effective and therefore the Treasury was
strongly motivated to initiate any visible change, especially when that change would
fit well with stated policies urging increased business efficiency and globalisation
and facilitate presentation of the Corporate Law Simplification Program as their
own. Further, reform would advance the personal ambitions of the Treasurer,
Peter Costello, to progress to Prime Minister.15 In addition to a need to introduce
changes per se, the Treasury was not satisfied with current arrangements because
of concern that the professional accounting bodies had too much influence in the
content and direction of standards through AARF.16 There had been annoyance that
AARF staff did not always give an overriding priority to AASB work.17 The primary
reason for the creation of the AASB was to overcome the perceived dominance of its
predecessor, the ASRB, by the two accounting bodies18 but to the Treasury, and to
other stakeholders seeking greater influence, the continuing role of AARF appeared
to have perpetuated the dominant role of the professional accounting bodies.
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Faced with external pressures to initiate change and internal dissatisfaction within
the domain, the Treasurer, Peter Costello, took the opportunity to establish control
in the new territory, demonstrating the capability of his department and enhancing
his credibility for consideration as a future Prime Minister. The key proposals deliver
substantial benefits to the Treasury with the increase in control enabling a judicious
mix of rewards for stakeholders, the greatest gains going to the most politically
influential groups. The change in funding is unlikely to prove costly to the Government
as they can designate what will be contributed by each group. The amalgamation of
the AASB and PSASB extends the power of the Federal Government, at the expense
of State Governments, and consolidates its financial dominance.
The initial proposal to adopt IASC standards was presented as beneficial to
business and in line with the emphasis in other economic policies on globalisation.
It could also be described as a reward to the Australian Stock Exchange. The
interim diminution represented a response to the strength of the opposition among
respondents to the initial proposals and may be attributable in part to the realisation
that, as noted in several submissions, verbatim adoption of IASC standards would
render rather empty the newly established control over the domain, diminish the
power of patronage in relation to appointments, and make it more difficult to
elicit contributions from the other stakeholders. The ultimate turnaround reflects
the changed position of many of the original protagonists. During 1998, many
large companies began to realise that adoption of IASC standards did not offer
them an increase in permitted accounting methods but would decrease their
discretion, particularly in two significant areas: identifiable intangible assets and
the revaluation of non-current assets. In March 1999, the CEOs of seven leading
Australian companies19 wrote a letter to the Treasurer requesting a halt to the IAS
Harmonization Program until the IASC standards are endorsed by the International
Organisation of Securities Commissions (IOSCO) and the US Securities & Exchange
Commission. These concerns were shared by others (Sharpe, 1999, 72) and
amendments in the final legislation reduced the obligation of the new Board to
assisting the development of international standards (without explicit reference
to IASC) and adopting only when in the best interests of Australian companies
or directed by the Treasurer or FRC. Clearly, the reforms espoused by Treasury
do not emanate from a conceptual or theoretical approach endorsing independent
neutral financial reporting, but represent a source of political patronage. Unless
the government as arbiter in the neo-corporatist model is described as not merely
organizing regulatory arrangements to achieve consensus between competing
groups but as using it as an opportunity to reward its supporters, the neo-corporatist
model is not sufficiently explicatory of these events.
Australian Stock Exchange (ASX)
The second major lobby group is the Australian Stock Exchange, and its motives
for supporting change are examined first, before analysing why it was able to exert
significant influence on the content of the proposals.
The primary reasons for the ASXs initial advocacy of adopting the IASC standards
were the preceived advantage to its business and a reduction in the significance of
725
the AASB. Evidence of this can be seen in the activities and representations of
the ASX. With regard to the first, verbatim adoption of the standards produced by
the IASC to apply to all Australian companies was expected to benefit the ASX,
both encouraging the listing here of foreign companies and reducing incentives for
Australian companies to list on overseas exchanges.20 The ASX has ambitions to
be the primary financial centre in the Pacific Rim21 and facilitating more listings
is central to its strategy. Although foreign companies not carrying on business
in Australia can be listed without producing financial reports in accordance with
Australian standards,22 foreign companies operating in Australia must comply. It is
noted (Chartac, 30 Jan 1998) that Richard Humphrey, ASX chief executive, strongly
lobbied Federal Treasury late last year for the wholesale adoption of international
standards.23 The ASX has been a strong advocate of the re-introduction of the
true and fair override,24 whereby companies may choose not to apply accounting
standards on the grounds this may not present a true and fair view. Although rejected
in Australia, t & f is still part of IASC standards. However, the consequences of
adoption may not have been fully appreciated in 1997 when the IAS standards
were less rigorous. By 1999, new and reissued IAS standards were being less than
favourably received by many of the ASXs largest clients and it was becoming clear
that if Australia were to adopt a standard such as IAS 38 on accounting for intangible
assets, companies such as News Corp would no longer find it advantageous to retain
ASX as its home exchange.
The aim of reducing the role of the AASB could be achieved either by transforming
the Board into a rubber stamp for IASC standards or by increasing the ASX influence.
In recent years, the ASX has felt that its views were insufficiently regarded by
the Board and has disagreed with several AASB standards. This is evident in
several recent changes in the ASX Listing Rules, relating to goodwill disclosures25
and reduced filing requirements for mining exploration companies.26 In attempt
to move Australian standards closer to IASC standards (and increase influence),
the ASX was the primary instigator of the International Harmonisation Program
that began in 1995. The ASX committed itself to providing $1 million over two
years to AARF and the AASB towards funding the programme, the money being
raised by a levy on all listed companies. Since both the accounting bodies were in
process of reducing funding for AARF, this contribution was accepted and resulted in
significant progress, arguably to the detriment of other AASB projects (Miller & Leo,
1997). In December 1997, when the second payment of $250,000 was imminent,
the ASX threatened to halt funding for the international harmonisation project if
the AASB did not copy international standards verbatim.27 The last tranche was
not received until early 1999, and by this time the ASXs reduced commitment
was evident in the infrequency of the meetings of the subcommittee monitoring
progress.
The ASX has always had a strong political affinity with the Liberal Party and its
influence increased when that party gained power in 1996. In seeking to become
the primary financial centre in the region, the ASX cultivated close links with
the Government in order to gain a commercial advantage over the only other
major exchange in Australia, the Sydney Futures Exchange.28 The eagerness
of the ASX to innovate, adopt new technology, and expand fitted well with the
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E. K. Stoddart
stated aims of the Liberal Government29 and thus its initiatives were favourably
regarded by the Government.30 The ASX was also in the process of demutualising
in order to become a company listed on its own exchange and, evidencing its
influence in government circles, the legislation to achieve this31 was presented to
Parliament in advance of other pending legislation (such as the Second Corporate
Law Simplification Bill). This move could be described as a parallel to the current
Government programme of privatising government instrumentalities.32 Privatisation,
in itself, has led to greater co-operation between the two, as the Government
sought to maximise its returns from floating public sector operations. In return the
ASX has provided some initiatives to assist non-listed companies obtain access to
equity funds. In particular, the ASX has moved to help the Governments stated
aims to assist small to medium size enterprises (SMEs) by attempting to set up
a matching service between such companies needing more capital and those
investors (business angels) who are seeking such prospects.33 Further, the ASX
was seen as representing the views of listed companies, those companies that
control a decisive proportion of the Australian economy and of electoral contributions.
The result of these activities and representations was to establish considerable
rapport between the ASX and the Treasurer, to the extent that the views of ASX
could be expected to be sought by the Treasurer and to be given high priority.
It is not surprising that the proposals provided the ASX with substantial benefits.
It gained an initial commitment to the IASC standards, without having to provide
any guarantee of contributing to funding the new body. When its clients became
dissatisfied with IASC adoption and it appeared this might result in a loss of listings,
the ASX reversed its position and this too was adopted by the Government. Among
the other changes, the amalgamation of the two boards has little impact on the ASX
but the structural change will be welcomed, as will the new secretariat, since both
will reduce the previous power of the professional accounting bodies. There may
be more groups involved in providing Board members in the future but the ASX is
likely to have increased dominance over smaller groups. Its most recent initiative
(November 1999) has been to offer, in lieu of funding, surplus office space in its
Melbourne building as the location for the new AASB and its secretariat and the
Government has accepted this offer.
Australian Institute of Company Directors (AICD)
The third organisation to be considered is the AICD, an organisation formed to
represent the interests of company directors. The reasons for the increased interest
of this group are explained before considering its activities as evidence of its political
influence.
In the area of accounting standards, the aims of the AICD, to protect the position of
company directors and reduce exposure to liability, translate into seeking to reduce
the amount that directors are required to disclose and in increasing their freedom
to present financial statements in any format. The groups interest in the setting of
accounting standards increased markedly in the late 1980s when observance of
the accounting standards became required by Corporations Law. Prior to that, noncompliance by directors, when carrying out their statutory requirement to prepare
727
financial statements, had few repercussions, since even a qualified audit report rarely
affected the financial rating of a company. However when non-compliance became
a breach of Corporations Law and litigation against directors was increasing, the
AICD began to take a much more pro-active role towards the setting of accounting
standards. They were united with the ASX in feeling that the current accounting
standards were overly legalistic and prescriptive34 and that the views of their
members were not receiving appropriate recognition.
In common with the ASX, this group strongly supported the return of the true and
fair override.35 In related areas of financial reporting, they opposed two of the 1996
recommendations of the Parliamentary Joint Committee36 : mandatory inclusion of a
Management Discussion and Analysis (MD&A) in annual reports and disclosure by
name of the remuneration of the top five directors. It is a measure of their influence
that both these recommendations of the PJC were rejected by the Government37
in the Company Law Review Bill 1997. It is a further indication of their power that
the Corporate Law Economic Reform Program Act 1999 introduces a Business
Judgement rule,38 a safe harbour for directors, and not the provision for automatic
disqualification for directors of phoenix companies proposed for the Third Stage of
the Corporate Law Simplification Program.
The influence of this group is partly attributable to the strong alliances that have
always existed between the Liberal Party and the top corporate levels. It is re-inforced
by the AICD support of Government initiatives to guide more investment funds into
the equity capital of small to medium enterprises (SMEs). It is supported by highly
visible, articulate spokespersons such as Professor Bob Baxt39 and Catherine Walter
(not only the Chairman of the new BRAG but also a director of ASX). In addition, the
Liberal Government would be likely to take heed of the views of the AICD since its
members would be most influential in providing funds for the 1998 election campaign.
In examining the proposed changes, the AICD has gained much and lost nothing.
It gains from downgrading the influence of the professional accounting bodies and
restricting the independence of the new Board/Committee. The intended role of
the AASC as subordinate to the FRC is evident in the original choice of name,
as committees are usually seen as lesser bodies than Boards or Councils.40 The
latter make the more important strategic decisions; committees tend to deal with the
detail, the how of implementation, not the what or why. The change from Board to
Committee, for these reasons, was proposed to Treasury in the AICD submission
on 3 June 1997 (the first of two submissions before CLERP 1 was published) and
adopted by Treasury in CLERP1. Although the name was changed back to Board in
the Corporate Law Economic Reform Bill 1997, there was no substantive change in
authority or independence.
The AICD believes membership on the FRC will be sufficient to achieve a significant
effect on the content of accounting standards, without having to provide funding or
a member (able to supply the significant and work commitment expected) for the
AASB. Unsurprisingly, they are well represented on the FRC appointed September
1999. The AICD did not endorse total adoption of the IASC standards41 (possibly
because it realised this would reduce the value of the influence it sought) and would
be well pleased with the subsequent diminution in the commitment.
In summary, it can be seen that were strong financial reasons for the AICD to
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It is ironic that public perception of the influence of the accounting bodies may
have reduced their influence in the negotiations on change with the Treasury. If the
Treasury proposals did not provide a structure visibly diminishing the power of the
accounting bodies, then the business world would see the changes as superficial.
Therefore, despite the long and costly contribution of the accounting bodies to the
process of setting standards, they were likely to be among the least influential of all
the participants in the political environment in 1997.
Examining the reforms to assess the gains and losses to the accounting profession,
it appears that the losses exceed the gains. Widening the sources of funding for
the new standard setting body will reduce the direct costs to the two professional
accounting bodies but the new institutional arrangements will result in a significant
diminution in the current formal and informal powers to influence the content of
standards. Even without adoption of IAS standards, the former powers of the
bodies are substantially reduced by the increased powers of the Treasury and other
stakeholders. The two bodies are credited with one nomination each on the new FRC,
but one appointee is a company director (G. McGregor, BHP Ltd, for the ASCPA).
They are unlikely to receive more than one seat on the AASB (and the latter may be
one of their delegates to the IASC). The percentage funding they will be requested to
provide may exceed their expectations, as the Government seems to regard this as
a situation where the user should pay.48 The amalgamation of the PSASB and the
AASB can be considered a gain, in so far as it accords with earlier recommendations
in the Peirson Report (1990)49 and would benefit the two bodies by reducing costs
on several levels. However, it removes a source of authority within the domain that
was able to be controlled even more closely by the two professional bodies than
the AASB. Similarly, the Urgent Issues Group (UIG), created and controlled by the
bodies, will now taken over by the FRC.
In the long term, the greatest cost might well be the loss of AARF. Over the last
30 years, AARF has established a world-wide reputation for its role in the creation
of rigorous accounting standards, as is even acknowledged in the Treasury paper.50
When the AARF staff related to the AASB, PSASB, and UIG have been relocated
to the core secretariat for the new AASB,51 there will be few left, only a couple
for the AuSB and one for the LRB. Resources will be diminished and the informal
information networks will be severely disrupted. In the last two years, three of the
most senior accounting staff have resigned.52 The accounting bodies have indicated
they will continue to fund AARF (AuSB and LRB)53 but it is likely that more work
will be done independently by each organisation. The accounting bodies gained
greatly from the technical expertise of AARF, as this provided not only a cheaper
alternative than separate arrangements but also more public respect and the greater
strength of a unified voice. The severity of this loss is hard to predict, but it would
seem incontrovertible that it is a loss.54 The ICAA and ASCPA will have less of an
information base to help maintain their influence in the domain in the future and may
731
even have to spend more to employ sufficient technical staff to provide adequate
responses to the new AASB and briefing for their IASC representatives.
The lack of influence of this group in convincing the Government that it should
retain its power in the domain can be explained partly as a reaction to previous perceptions of undue influence but is probably due more to the relative power of other
stakeholders, who were in a position to provide the Treasury with greater support in
other areas and likely to assist the Liberal Government in a more tangible way with
electoral support. What is surprising is the lack of vigour in the defence of its domain.
One factor that may account for the rather lack-lustre campaign is developments
outside the domain. The reason the two accounting bodies did not lobby very strongly
may be that they agreed to accept the diminution as part of a trade-off extending
power in another domain traditionally seen to be within the discipline. Concurrently
with the changes in Corporations Law, proposals were being developed to change
the structure of the registration and regulation of auditors. The proposed changes
would greatly increase the role of the accounting bodies in this area, granting them
the power to self-regulate the audit profession.55 Both the ICAA and ASCPA lobbied
strongly in this area and it may be that the very favourable outcome here came at
the price of losing influence over the setting of accounting standards. This would
help explain why the responses of the accounting bodies have been rather muted
in this area,56 although it is unlikely this will ever be publicly acknowledged. Another
factor influencing the rather propitiatory response to CLERP 1 was probably the
desire to retain what little power was left and not suffer further loss. If these factors
are not taken into account, it is difficult to explain the reaction of the professional
accounting bodies as their actions are not consistent with predictions derived from
the inter-organisational conflict model.
Other Stakeholders?
There are many other groups affected by the changes but in general either they
can be broadly classified with the organisations examined above, or they have not
attempted to take a major part in the conflict over control in this domain. The multitude
of public sector and non-corporate entities appear to have been unaware of the
significance of the loss of the PSASB. Even though the total net cost to many of those
affected (for example, medium sized companies) is likely to exceed the total benefits
to the groups above, the individual impact will be small. Though their numbers are
greater, those disadvantaged are widely dispersed, badly organised, and unlikely to
be able to co-ordinate an effective response.
Conclusions
At the time of writing, legislation enacting the proposals has been passed but the
date of commencement of the Corporate Law Economic Reform Program Act 1999
is uncertain.3 Although debate over the major aspects of the new structure is now
closed, there is much in the fine detail that remains to be negotiated. The recent
activities remain interesting, as providing a more direct window into the political
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733
the central and self-interested role of the Government in initiating change and
the conciliatory position of the previous incumbents. The process in this instance
may be illuminated by reference to an earlier explanation of political activities and
strategies, likely to be of enduring relevance even if given new names such as
economic rationalism. In his political pragmatism, Machiavelli could be described
an early precursor of Milton Freedman. It may be stretching the point to compare
the Treasurer, Peter Costello, with Cesare Borgia, but his method of conquering the
new territory would surely have been approved by Machiavelli, since, to quote from
The Prince, he has brought about a situation where
. . . those who are injured, remaining poor and scattered, can never do any harm to him,
and all the others are on the one hand not injured and therefore easily pacified; and on
the other are fearful of offending lest they should be treated like those who have been
dispossessed.58
Key Proposals
Financial Reporting Council
An advisory body, the Financial Reporting Council (FRC), would be established
to oversee setting accounting standards. Membership would be drawn from key
interest groups, such as the accounting profession, preparers and users of
financial statements, governments, and regulators. The Treasurer would appoint
the chairman, and, on the basis of nominations from the bodies he identifies, the
members of the Council. The Treasury would supply secretarial support to the FRC.
The new institutional arrangements are shown in Diagram 2 (Appendix 2).
The functions of the FRC would include the following:
setting the broad strategic direction for the proposed Australian Accounting
Standards Committee (AASC) and providing feedback on the general policies
it should be pursuing;
approving priorities and the business plan of the AASC and monitoring
compliance with them;
overseeing the provision of administrative, research and technical support for the
AASC; and
overseeing the funding arrangements of the AASC and approving its budget.
734
E. K. Stoddart
735
Directives
The last section in the Treasury paper stated that the AASC should be directed to
addressing the outstanding issues in the conceptual framework and promoting the
introduction of market value accounting and risk accounting.
Notes
1. For ease of reference, the term Liberal Government is used to refer to the Liberal-National Party
Coalition Government, since the Liberal Party dominates the Coalition. The Liberal Government
gained power in March 1996, and was returned in October 1998 with a bare majority in the House of
Representatives and no absolute majority in the upper house, the Senate.
2. Treasury 1997, Accounting Standards. Building international opportunities for Australian business
Corporate Law Economic Reform Program Proposals to Reform, Paper No. 1, Canberra, 8 September
1997 (short ref: CLERP 1).
3. Corporate Law Economic Reform Program Act 1999, passed October 1999, due to commence 13
March 2000. In December 1999, the part of the Act affecting accounting standards was proclaimed
by the Governor-General to commence on 1 January 2000.
736
E. K. Stoddart
4. Membership was 10 in Sept. 1997, with the 3 year term due to expire on 31 March 1998. Since the
creation of a new body appeared imminent in early 1998, the terms of the eight remaining members
were extended to 31 March 1999, and, subsequently, to 31 December 1999.
5. Initially the joint organisation was known as the Accountancy Research Foundation, a company
limited by guarantee. Burrows, G. The Foundation. A History of the Australian Accounting Research
Foundation 19661991, AARF, Melbourne, 1996, p. 21.
6. The ASX contribution was structured in four tranches of $250,000, but took several years to make:
the third was received in July 1998 and the last in early 1999.
7. Companies and Securities Legislation (Miscellaneous Amendments) Act 1983.
8. Nominated areas, 1. Accounting Standards 2. Fundraising (3CLS), 3 Directors Duties & Corporate
Governance (3CLS), 4. Takeovers (3CLS) 5 Electronic Commerce (new), 6. Futures and Securities
(4CLS). Treasury Press Release, 4 March 1997.
9. For example, in Treasury Press Release, 8 September 1997.
10. Law Council of Australia, Business Law Newsletter, November 1997, p. 2.
11. Conversations with lawyer, at seminar, Law School University of Melbourne, July 1997.
12. Scheduled for debate in Federal Parliament in May 1998. Chartac Accountancy News, 30 Jan 1998,
p. 2.
13. See footnote 3.
14. The Financial System Inquiry (Wallis) had not provided radical change (see Hogan, 1997) and there
had been widespread criticism of the Tax Law Improvement Program.
15. Skeffington, R. Fix-it Reith, a man who knows where he is going, Business Review Weekly, 24
November 1997, p. 72.
16. Treasury, CLERP 1, op. cit. 2, p. 11 & p. 38.
17. AARF staff may be simultaneously working on projects for UIG, PSASB, or AASB, or even LRB.
Generally, the audit staff for the AuSB are less diversified.
18. Godfrey, J., Hodgson, A., Holmes, S., Kam, V., Accounting Theory 2nd Edn, p. 311 New York,
Wiley, 1994. Also, Walker, R. G. Australias ASRB, A Case Study of Political Activity and Regulatory
Capture, Journal of Accounting and Business Research, Vol. 17, No. 67, 1987, pp. 26986.
19. Commonwealth Bank, National Australia Bank, Pioneer International, Southcorp, Pacific Dunlop,
737
738
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
E. K. Stoddart
as a commission or committee. This would recognise that the work of the AASB is very detailed. . . ,
AICD (1997a) Submission to Treasury, 3 June 1997, p. 6. This suggestion of the AICD appears to
have been implemented, together with other suggestions in the Background Paper (issued to selected
recipients 1 July 1997) as the next references are to AASC (not AASB) in the response to Treasury,
AICD (1997b), 25 July 1997.
AICD (1997c) Submission to Treasury, 20 October 1997
In January 1998, the Investment and Financial Services Association (IFSA) was formed, merging
the Australian Investment Managers Association (AIMA), the Investment Funds Associations of
Australia (IFAA), and the Life, Investment and Superannuation Association (LISA). Hoyle, S. Financial
Managers Unite to Tackle Issues, Australian Financial Review, 27 January 1998, p. 15.
Financial System Inquiry, Final Report, (also referred to as the Wallis Report) Australian Government
Publishing Service, Canberra, March 1997, p. 480.
QBE Insurance Group Ltd. and ors v. Australian Securities Commission and Anor (1992, 8, ACSR
631).
Treasury, CLERP 1 op. cit. 2, p. 30.
List of submissions on CLERP 1, Dec. 1997, supplied by Les Pascoe, Business Law Division, Treasury.
The only submission that might be described as from this group came from the Australian Mutual
Provident Society (AMP).
Chartac, Vol. 20, No. 244, 25 April 1997, p. 5.
In the discussion of funding in the proposals, the professional accounting bodies are identified as a
large contributor particularly because of their direct and continuing interest in accounting standards
in relation to their members obligations as a profession, Treasury, CLERP 1, op. cit. 2, p. 44.
The Peirson Report (1990) was commissioned by AARF, and prepared by Professor Graham Peirson
of Monash University, a long-serving member of various AARF Boards. Both ASCPA and ICAA
endorsed its recommendations.
AARF has evolved into a highly regarded technical research organisation which is on a par with
those existing in leading overseas accounting standard setting jurisdictions, Treasury, CLERP 1 op.
cit. 2, p. 38.
Relocation was expected in January 2000, possibly on an informal basis prior to the commencement
of the CLERP Act 1999.
Frank Micallef, Senior Project Manager, in 1998 (to Norths Ltd), Jan McCahey, Deputy Director, 1998
(now Chief Accountant, ASIC) and Warren McGregor, Executive Director for the last 10 years, in 1999
(to private consulting).
Rob Ward, President, ICAA, inteviewed, Chartac, Vol. 20, No. 258, 7 November 1997, p. 4.
This claim is supported by the comments of Prof. Terry Heazlewood (Charles Sturt University), The
Australian Accounting Research Foundation should not be dismantled. We should look at some way
of preserving the current AARF structure so the intellectual capital doesnt go walking, quoted in
article Academics Blast Campbell, p. 7, Chartac, Vol. 20, No. 257, 24 October 1997.
Rob Ward, President, ICAA, interviewed, Chartac, Vol. 20, No. 258, 7 November 1997, p. 4.
The Legislation Review Board of AARF made a submission (on behalf of ICAA and ASCPA) on five
of the six CLERP position papers, but not on CLERP1. On this issue, the two bodies did submit a
response to Treasury but it came from their technical departments and was conciliatory rather than
critical.
Parker, C. (Technical Director, ASCPA), A New Era in Financial Reporting? The CLERP Reforms,
Butterworths Corporation Law Bulletin, No. 19, 24 Sept 1997, p. 57.
Machiavelli, N. Il Principe [The Prince] (first published circa 1532) revised translation by L. Ricci, 1935,
by arrangement with Oxford University Press, published as Mentor Classic, New American Library,
New York, 1952, p. 37.
References
ACCC, Determination on Applications for Authorisation by ASX Settlement & Transfer Corporation
Ltd., ASX Ltd, and Australian Payments Clearing Association Ltd. in relation to the Clearing House
Subregister System (CHESS) arrangements, Australian Competition and Consumer Commission,
Canberra, 5 August 1998.
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E. K. Stoddart
Duties and Corporate Governance, CLERP Paper No. 4 (Canberra: Oct. 1997); Government Response
to the Report of the Parliamentary joint Committee on the Draft Second Corporate Law Simplification
Bill, Treasury (Canberra: 20 November 1997).
Walker, R. G., Australias ASRB: A Case Study of Political Activity and Regulatory Capture, Journal
Accounting and Business Research, Vol. 17, No. 67, 1987, pp. 269286.
Walker, R. G. & Robinson, S. P., Related Party TransactionsA Case Study of Inter-Organizational
Conflict Over the Development of Disclosure Rules, Abacus, Vol. 30, No. 1, 1994, pp. 1843.
Zeff, S., Forging Accounting Principles in Five Countries: A History and an Analysis of Trends, Arthur
Andersen Lecture Series (Champaign, IL, USA: Stipes Publishing, 1972).