91907 Doing Business 2015 Australia Economy Profile 2015 Australia Doing Business 2015 Australia 2 © 2014 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org All rights reserved. 1 2 3 4 17 16 15 14 This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. 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Doing Business 2015 Australia 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 6 Starting a business ..................................................................................................................... 16 Dealing with construction permits ........................................................................................... 22 Getting electricity ....................................................................................................................... 33 Registering property .................................................................................................................. 38 Getting credit .............................................................................................................................. 44 Protecting minority investors ................................................................................................... 51 Paying taxes ................................................................................................................................ 59 Trading across borders .............................................................................................................. 64 Enforcing contracts .................................................................................................................... 68 Resolving insolvency .................................................................................................................. 74 Labor market regulation ........................................................................................................... 79 Distance to frontier and ease of doing business ranking ...................................................... 86 Resources on the Doing Business website .............................................................................. 89 Doing Business 2015 Australia 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is 1, 2014 (except for the paying taxes indicators, which for a local entrepreneur to open and run a small to cover the period January–December 2013). medium-size business when complying with relevant The Doing Business methodology has limitations. Other regulations. It measures and tracks changes in areas important to business—such as an economy’s regulations affecting 11 areas in the life cycle of a proximity to large markets, the quality of its business: starting a business, dealing with construction infrastructure services (other than those related to permits, getting electricity, registering property, getting trading across borders and getting electricity), the credit, protecting minority investors, paying taxes, security of property from theft and looting, the trading across borders, enforcing contracts, resolving transparency of government procurement, insolvency and labor market regulation. macroeconomic conditions or the underlying strength of In a series of annual reports Doing Business presents institutions—are not directly studied by Doing Business. quantitative indicators on business regulations and the The indicators refer to a specific type of business, protection of property rights that can be compared generally a local limited liability company operating in across 189 economies, from Afghanistan to Zimbabwe, the largest business city. Because standard assumptions over time. The data set covers 47 economies in Sub- are used in the data collection, comparisons and Saharan Africa, 32 in Latin America and the Caribbean, 25 benchmarks are valid across economies. The data not in East Asia and the Pacific, 26 in Eastern Europe and only highlight the extent of obstacles to doing business; Central Asia, 20 in the Middle East and North Africa and they also help identify the source of those obstacles, 8 in South Asia, as well as 31 OECD high-income supporting policy makers in designing regulatory reform. economies. The indicators are used to analyze economic More information is available in the full report. Doing outcomes and identify what reforms have worked, where Business 2015 presents the indicators, analyzes their and why. relationship with economic outcomes and presents This economy profile presents the Doing Business business regulatory reforms. The data, along with indicators for Australia. To allow useful comparison, it information on ordering Doing Business 2015, are also provides data for other selected economies available on the Doing Business website at (comparator economies) for each indicator. The data in http://www.doingbusiness.org. this report are current as of June Doing Business 2015 Australia 5 CHANGES IN DOING BUSINESS 2015 As part of a 2-year update in methodology, Doing Finally, the name of the employing workers indicator set Business 2015 incorporates 7 important changes. First, has been changed to labor market regulation, and the the ease of doing business ranking as well as all topic- scope of this indicator set has also been changed. The level rankings are now computed on the basis of indicators now focus on labor market regulation distance to frontier scores (see the chapter on the applying to the retail sector rather than the distance to frontier and ease of doing business ranking). manufacturing sector, and their coverage has been Second, for the 11 economies with a population of more expanded to include regulations on labor disputes and than 100 million, data for a second city have been added on benefits provided to workers. The labor market to the data set and the ranking calculation. These regulation indicators continue to be excluded from the economies are Bangladesh, Brazil, China, India, aggregate distance to frontier score and ranking on the Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian ease of doing business. Federation and the United States. Third, for getting Beyond these changes there are 3 other updates in credit, the methodology has been revised for both the methodology. For paying taxes, the financial statement strength of legal rights index and the depth of credit variables have been updated to be proportional to 2012 information index. The number of points has been income per capita; previously they were proportional to increased in both indices, from 10 to 12 for the strength 2005 income per capita. For enforcing contracts, the of legal rights index and from 6 to 8 for the depth of value of the claim is now set at twice the income per credit information index. In addition, only credit bureaus capita or $5,000, whichever is greater. For dealing with and registries that cover at least 5% of the adult construction permits, the cost of construction is now set population can receive a score on the depth of credit at 50 times income per capita (before, the cost was information index. assessed by the Doing Business respondents). In addition, Fourth, the name of the protecting investors indicator set this indicator set no longer includes the procedures for has been changed to protecting minority investors to obtaining a landline telephone connection. better reflect its scope—and the scope of the indicator For more details on the changes, see the “What is set has been expanded to include shareholders’ rights in changing in Doing Business?” chapter starting on page corporate governance beyond related-party transactions. 24 of the Doing Business 2015 report. For more details Fifth, the resolving insolvency indicator set has been on the data and methodology, please see the “Data expanded to include an index measuring the strength of Notes” chapter starting on page 114 of the Doing the legal framework for insolvency. Sixth, the calculation Business 2015 report. For more details on the distance to of the distance to frontier score for paying taxes has frontier metric, please see the “Distance to frontier and been changed. The total tax rate component now enters ease of doing business ranking” chapter in this profile. the score in a nonlinear fashion, in an approach different from that used for all other indicators (see the chapter on the distance to frontier and ease of doing business ranking). Doing Business 2015 Australia 6 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s regulatory environment for business, a good place to start ECONOMY OVERVIEW is to find out how it compares with the regulatory environment in other economies. Doing Business provides an aggregate ranking on the ease of doing business Region: OECD high income based on indicator sets that measure and benchmark regulations applying to domestic small to medium-size Income category: High income businesses through their life cycle. Economies are ranked from 1 to 189 by the ease of doing business ranking. This Population: 23,130,900 year's report presents results for 2 aggregate measures: the distance to frontier score and the ease of doing GNI per capita (US$): 65,520 business ranking. The ranking of economies is determined by sorting the aggregate distance to frontier (DTF) scores. DB2015 rank: 10 The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute DB2014 rank: 10* distance to the best performance in each Doing Business Change in rank: 0 indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the DB 2015 DTF: 80.7 worst performance and 100 the frontier. (See the chapter on the distance to frontier and ease of doing business). DB 2014 DTF: 80.7 The 10 topics included in the ranking in Doing Business 2015: starting a business, dealing with construction Change in DTF: 0 permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading * DB2014 ranking shown is not last year’s published across borders, enforcing contracts and resolving ranking but a comparable ranking for DB2014 that insolvency. The labor market regulation indicators captures the effects of such factors as data (formerly employing workers) are not included in this corrections and the changes in methodology. See year’s aggregate ease of doing business ranking, but the the data notes starting on page 114 of the Doing data are presented in this year’s economy profile. Business 2015 report for sources and definitions. The aggregate ranking on the ease of doing business benchmarks each economy’s performance on the indicators against that of all other economies in the Doing Business sample (figure 1.1). While this ranking tells much about the business environment in an economy, it does not tell the whole story. The ranking on the ease of doing business, and the underlying indicators, do not measure all aspects of the business environment that matter to firms and investors or that affect the competitiveness of the economy. Still, a high ranking does mean that the government has created a regulatory environment conducive to operating a business. Doing Business 2015 Australia THE BUSINESS ENVIRONMENT Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2015 Australia THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy regional average (figure 1.2). The economy’s rankings stands in the aggregate ranking on the ease of doing (figure 1.3) and distance to frontier scores (figure 1.4) business is useful. Also useful is to know how it ranks on the topics included in the ease of doing business relative to comparator economies and relative to the ranking provide another perspective. Figure 1.2 How Australia and comparator economies rank on the ease of doing business Note: The rankings are benchmarked to June 2014 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2015 Australia 9 THE BUSINESS ENVIRONMENT Figure 1.3 Rankings on Doing Business topics - Australia (Scale: Rank 189 center, Rank 1 outer edge) Figure 1.4 Distance to frontier scores on Doing Business topics - Australia (Scale: Score 0 center, Score 100 outer edge) Note: The rankings are benchmarked to June 2014 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2015 Australia 10 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing business tells Doing Business introduced the distance to frontier score. This only part of the story, so do changes in that ranking. Yearly measure shows how far on average an economy is from the movements in rankings can provide some indication of best performance achieved by any economy on each Doing changes in an economy’s regulatory environment for firms, Business indicator. but they are always relative. Comparing the measure for an economy at 2 points in time Moreover, year-to-year changes in the overall rankings do allows users to assess how much the economy’s regulatory not reflect how the business regulatory environment in an environment as measured by Doing Business has changed economy has changed over time—or how it has changed in over time—how far it has moved toward (or away from) the different areas. To aid in assessing such changes, most efficient practices and strongest regulations in areas covered by Doing Business (figure 1.5). Figure 1.5 How far has Australia come in the areas measured by Doing Business? Note: The distance to frontier score shows how far on average an economy is from the best performance achieved by any economy on each Doing Business indicator since 2010, except for getting credit, paying taxes, protecting minority investors and resolving insolvency which had methodology changes in 2014 and thus are only comparable to 2013. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the frontier). See the data notes starting on page 114 of the Doing Business 2015 report for more details on the distance to frontier score. Source: Doing Business database. Doing Business 2015 Australia 11 THE BUSINESS ENVIRONMENT The absolute values of the indicators tell another part of regulation—such as a regulatory process that can be the story (table 1.1). The indicators, on their own or in completed with a small number of procedures in a few comparison with the indicators of a good practice days and at a low cost. Comparison of the economy’s economy or those of comparator economies in the indicators today with those in the previous year may region, may reveal bottlenecks reflected in large numbers show where substantial bottlenecks persist—and where of procedures, long delays or high costs. Or they may they are diminishing. reveal unexpected strengths in an area of business Table 1.1 Summary of Doing Business indicators for Australia United Kingdom DB2015 Best performer globally Hong Kong SAR, China United States DB2015 New Zealand DB2015 Australia DB2015 Australia DB2014 Canada DB2015 Indicator Japan DB2015 DB2015 DB2015 Starting a Business 7 7 2 8 83 1 45 46 New Zealand (1) (rank) Starting a Business (DTF 96.47 96.47 98.82 96.38 86.21 99.96 91.23 91.22 New Zealand (99.96) Score) Procedures (number) 3.0 3.0 1.0 3.0 8.0 1.0 6.0 6.0 New Zealand (1.0)* Time (days) 2.5 2.5 5.0 2.5 10.7 0.5 6.0 5.6 New Zealand (0.5) Cost (% of income per 0.7 0.7 0.4 1.4 7.5 0.3 0.3 1.2 Slovenia (0.0) capita) Paid-in min. capital (% 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 112 Economies (0.0)* of income per capita) Dealing with Hong Kong SAR, Construction Permits 19 19 118 1 83 13 17 41 China (1) (rank) Dealing with Hong Kong SAR, Construction Permits 84.30 84.23 67.12 95.53 73.30 85.67 85.06 78.87 China (95.53) (DTF Score) Doing Business 2015 Australia 12 United Kingdom DB2015 Best performer globally Hong Kong SAR, China United States DB2015 New Zealand DB2015 Australia DB2015 Australia DB2014 Canada DB2015 Indicator Japan DB2015 DB2015 DB2015 Hong Kong SAR, Procedures (number) 10.0 10.0 12.0 5.0 12.0 10.0 9.0 15.8 China (5.0) Time (days) 112.0 112.0 249.0 66.0 197.0 93.0 105.0 78.6 Singapore (26.0) Cost (% of warehouse 0.5 0.5 1.3 0.4 0.6 0.7 1.2 1.0 Qatar (0.0)* value) Getting Electricity 55 49 150 13 28 48 70 61 Korea, Rep. (1) (rank) Getting Electricity (DTF 80.59 80.59 59.27 91.54 86.51 81.90 78.42 79.52 Korea, Rep. (99.83) Score) Procedures (number) 5.0 5.0 7.0 4.0 3.4 5.0 4.0 4.8 12 Economies (3.0)* Time (days) 75.0 75.0 142.0 38.0 97.7 64.0 126.0 89.6 Korea, Rep. (18.0)* Cost (% of income per 8.6 8.7 131.0 1.4 0.0 78.7 90.1 25.5 Japan (0.0) capita) Registering Property 53 53 55 96 73 2 68 29 Georgia (1) (rank) Registering Property 76.87 77.11 76.20 66.19 71.33 97.05 72.55 82.92 Georgia (99.88) (DTF Score) Procedures (number) 5.0 5.0 6.0 5.0 6.0 2.0 6.0 4.4 4 Economies (1.0)* Time (days) 4.5 4.5 16.5 35.5 13.0 1.0 21.5 15.2 3 Economies (1.0)* Cost (% of property 5.2 5.0 3.3 7.7 5.8 0.1 4.6 2.4 4 Economies (0.0)* value) Getting Credit (rank) 4 3 7 23 71 1 17 2 New Zealand (1) Getting Credit (DTF 90.00 90.00 85.00 70.00 50.00 100.00 75.00 95.00 New Zealand (100) Score) Strength of legal rights 11 11 9 7 4 12 7 11 3 Economies (12)* index (0-12) Doing Business 2015 Australia 13 United Kingdom DB2015 Best performer globally Hong Kong SAR, China United States DB2015 New Zealand DB2015 Australia DB2015 Australia DB2014 Canada DB2015 Indicator Japan DB2015 DB2015 DB2015 Depth of credit 7 7 8 7 6 8 8 8 23 Economies (8)* information index (0-8) Credit registry coverage 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Portugal (100.0) (% of adults) Credit bureau coverage 100.0 100.0 100.0 96.1 100.0 100.0 100.0 100.0 23 Economies (100.0)* (% of adults) Protecting Minority 71 70 7 2 35 1 4 25 New Zealand (1) Investors (rank) Protecting Minority 56.67 56.67 72.50 80.83 62.50 81.67 78.33 65.83 New Zealand (81.67) Investors (DTF Score) Extent of conflict of interest regulation 6.0 6.0 8.7 9.0 7.0 9.3 8.3 8.3 Singapore (9.3)* index (0-10) Extent of shareholder governance index (0- 5.3 5.3 5.8 7.2 5.5 7.0 7.3 4.8 France (7.8)* 10) Strength of minority investor protection 5.7 5.7 7.3 8.1 6.3 8.2 7.8 6.6 New Zealand (8.2) index (0-10) United Arab Emirates Paying Taxes (rank) 39 36 9 4 122 22 16 47 (1)* Paying Taxes (DTF United Arab Emirates 82.48 82.51 93.00 98.51 67.19 88.04 90.52 80.84 Score) (99.44)* Payments (number per Hong Kong SAR, 11.0 11.0 8.0 3.0 14.0 8.0 8.0 10.6 year) China (3.0)* Time (hours per year) 105.0 105.0 131.0 78.0 330.0 152.0 110.0 175.0 Luxembourg (55.0) Trading Across Borders 49 45 23 2 20 27 15 16 Singapore (1) (rank) Trading Across Borders 80.53 81.06 86.07 95.36 87.23 85.41 88.32 88.25 Singapore (96.47) Doing Business 2015 Australia 14 United Kingdom DB2015 Best performer globally Hong Kong SAR, China United States DB2015 New Zealand DB2015 Australia DB2015 Australia DB2014 Canada DB2015 Indicator Japan DB2015 DB2015 DB2015 (DTF Score) Documents to export 5 5 3 3 3 4 4 3 Ireland (2)* (number) Time to export (days) 9.0 9.0 8.0 6.0 11.0 10.0 8.0 6.0 5 Economies (6.0)* Cost to export (US$ per 1,200.0 1,150.0 1,680.0 590.0 829.3 870.0 1,005.0 1,224.0 Timor-Leste (410.0) container) Cost to export (deflated 1,200.0 1,120.2 1,680.0 590.0 829.3 870.0 1,005.0 1,224.0 US$ per container) Documents to import 7 7 3 3 5 6 4 5 Ireland (2)* (number) Time to import (days) 8.0 8.0 10.0 5.0 11.0 9.0 6.0 5.4 Singapore (4.0) Cost to import (US$ per 1,220.0 1,170.0 1,680.0 565.0 1,021.3 825.0 1,050.0 1,289.0 Singapore (440.0) container) Cost to import (deflated 1,220.0 1,139.7 1,680.0 565.0 1,021.3 825.0 1,050.0 1,289.0 US$ per container) Enforcing Contracts 12 12 65 6 26 9 36 41 Singapore (1) (rank) Enforcing Contracts 77.06 77.06 63.76 80.32 69.95 77.84 68.08 67.26 Singapore (89.54) (DTF Score) Time (days) 395.0 395.0 570.0 360.0 360.0 216.0 437.0 420.0 Singapore (150.0) Cost (% of claim) 21.8 21.8 22.3 21.2 32.2 27.2 39.9 30.5 Iceland (9.0) Procedures (number) 28.0 28.0 36.0 26.0 32.0 30.0 29.0 33.6 Singapore (21.0)* Resolving Insolvency 14 15 6 25 2 28 13 4 Finland (1) (rank) Resolving Insolvency 81.60 81.27 89.17 75.06 93.74 71.56 82.04 90.12 Finland (93.85) (DTF Score) Doing Business 2015 Australia 15 United Kingdom DB2015 Best performer globally Hong Kong SAR, China United States DB2015 New Zealand DB2015 Australia DB2015 Australia DB2014 Canada DB2015 Indicator Japan DB2015 DB2015 DB2015 Time (years) 1.0 0.8 0.8 0.6 1.3 1.0 1.5 Ireland (0.4) Cost (% of estate) 8.0 8.0 7.0 5.0 3.5 3.5 6.0 8.2 Norway (1.0) Outcome (0 as piecemeal sale and 1 as 1 1 1 1 1 1 1 1 going concern) Recovery rate (cents on 81.9 81.3 87.3 87.2 92.9 83.6 88.6 80.4 Japan (92.9) the dollar) Strength of insolvency 12.0 12.0 13.5 9.0 14.0 8.5 11.0 15.0 5 Economies (15.0)* framework index (0-16) Note: DB2014 rankings shown are not last year’s published rankings but comparable rankings for DB2014 that capture the effects of such factors as data corrections and changes to the methodology. Trading across borders deflated and non-deflated values are identical in DB2015 because it is defined as the base year for the deflator. The best performer on time for paying taxes is defined as the lowest time recorded among all economies in the DB2015 sample that levy the 3 major taxes: profit tax, labor taxes and mandatory contributions, and VAT or sales tax. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” or “not possible” mark if regulation exists but is never used in practice or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the ranking on the relevant indicator. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2015 Australia 16 STARTING A BUSINESS Formal registration of companies has many WHAT THE STARTING A BUSINESS immediate benefits for the companies and for business owners and employees. Legal entities can INDICATORS MEASURE outlive their founders. Resources are pooled as several shareholders join forces to start a company. Procedures to legally start and operate a Formally registered companies have access to company (number) services and institutions from courts to banks as well Preregistration (for example, name as to new markets. And their employees can benefit verification or reservation, notarization) from protections provided by the law. An additional benefit comes with limited liability companies. These Registration in the economy’s largest limit the financial liability of company owners to their business city 1 investments, so personal assets of the owners are not Postregistration (for example, social security put at risk. Where governments make registration registration, company seal) easy, more entrepreneurs start businesses in the formal sector, creating more good jobs and Time required to complete each procedure generating more revenue for the government. (calendar days) What do the indicators cover? Does not include time spent gathering information Doing Business measures the ease of starting a business in an economy by recording all procedures Each procedure starts on a separate day (2 officially required or commonly done in practice by procedures cannot start on the same day). an entrepreneur to start up and formally operate an Procedures that can be fully completed industrial or commercial business—as well as the online are recorded as ½ day. time and cost required to complete these procedures. Procedure completed once final document is It also records the paid-in minimum capital that received companies must deposit before registration (or within 3 months). The ranking of economies on the No prior contact with officials ease of starting a business is determined by sorting Cost required to complete each procedure their distance to frontier scores for starting a (% of income per capita) business. These scores are the simple average of the distance to frontier scores for each of the component Official costs only, no bribes indicators. No professional fees unless services required To make the data comparable across economies, by law Doing Business uses several assumptions about the Paid-in minimum capital (% of income business and the procedures. It assumes that all per capita) information is readily available to the entrepreneur and that there has been no prior contact with Deposited in a bank or with a notary before officials. It also assumes that the entrepreneur will registration (or within 3 months) pay no bribes. And it assumes that the business:  Is a limited liability company, located in the  Has a start-up capital of 10 times income per largest business city and is 100% domestically capita. owned . 1  Has a turnover of at least 100 times income per  Has between 10 and 50 employees. capita.  Conducts general commercial or industrial  Does not qualify for any special benefits. activities.  Does not own real estate. 1 For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2015 Australia 17 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in Australia? largest business city of an economy, except for 11 According to data collected by Doing Business, starting a economies for which the data are a population-weighted business there requires 3.0 procedures, takes 2.5 days, average of the 2 largest business cities. See the chapter costs 0.7% of income per capita and requires paid-in on distance to frontier and ease of doing business minimum capital of 0.0% of income per capita (figure ranking at the end of this profile for more details. 2.1). Most indicator sets refer to a case scenario in the Figure 2.1 What it takes to start a business in Australia - Paid-in minimum capital (% of income per capita): 0.0 Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the starting a business indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Australia 18 STARTING A BUSINESS Globally, Australia stands at 7 in the ranking of 189 average ranking provide other useful information for economies on the ease of starting a business (figure 2.2). assessing how easy it is for an entrepreneur in Australia The rankings for comparator economies and the regional to start a business. Figure 2.2 How Australia and comparator economies rank on the ease of starting a business Source: Doing Business database. Doing Business 2015 Australia 19 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY Australia is a set of specific procedures—the bureaucratic and legal steps that an entrepreneur must complete to incorporate and register a new Legal form: Proprietary Company (Pty Ltd) firm. These are identified by Doing Business through collaboration with relevant local professionals and Paid in minimum capital requirement: AUD 0 the study of laws, regulations and publicly available City: Sydney information on business entry in that economy. Following is a detailed summary of those procedures, Start-up Capital: 10 times GNI per capita along with the associated time and cost. These procedures are those that apply to a company matching the standard assumptions (the “standardized company”) used by Doing Business in collecting the data (see the section in this chapter on what the indicators measure). Table 2.2 Summary of time, cost and procedures for starting a business in Australia - Time to No. Procedure Cost to complete complete Complete and lodge ASIC Form 201 “Application for Registration as an Australian Company"; Obtain a certificate of incorporation and an Australian company number (ACN) To register a Pty Ltd company, the applicant must complete and submit an ASIC Form 201 (""Application for Registration as an Australian Company"") and pay the prescribed fee of AUD 457. Any person to be appointed as a director or secretary of the company must have consented in writing to that appointment. Similarly, each shareholder of the company must have consented to become a shareholder. At least 1 director (and, if the company has appointed secretaries, at least 1 secretary) must ordinarily reside in Australia. The registered office of the company must be an address in Australia. 1 day AUD 457 1 The company may adopt its own constitution or rely upon the Replaceable Rules in the Corporations Act 2001. Prior to lodging the application for registration, the applicant should confirm the availability of the proposed company name. If no name is specified, the company will simply be referred to by its Australian Company Number (""ACN""). Upon incorporation, ASIC will issue to the company a certificate of incorporation, which evidenced that the company has been incorporated on and from the date of issue. Agency: Australian Securities and Investments Commission (ASIC) Doing Business 2015 Australia 20 Time to No. Procedure Cost to complete complete Register for ABN with the Australian Taxation Office (ATO) This procedure is required under the Income Tax Assessment Act 1936 and a new tax system (Goods and Services Tax) act of 1999. Depending on the company circumstances and location, it must comply with different taxation requirements: - If the annual company turnover is AUD$75,000 or more, the company must register for Goods and Services Tax (GST) by obtaining an 11-digit Australian Business Number (ABN). The annual company turnover represents its gross business income (not its profit). Companies with lower annual turnover may also choose to register for the Goods and Services Tax. - The application to ABN can be submitted electronically at the Business Entry Point, www.abr.business.gov.au. Otherwise, the application may be submitted by hard copy to the ATO. If the electronic submission is successful, the applicant will be provided with an ABN at the end of the Internet session. The ATO will also mail the ABN within 28 days of receipt of the application. Less than one day 2 no charge -The company must deduct tax from employee pay, provide payment (online procedure) summaries, contribute to employee superannuation and report and issue payments to the ATO. Companies may also register for Pay As You Go (PAYG) at www.abr.gov.au. Otherwise, they may register with the ATO by postal mail or phone or through a tax agent. State and territory taxes (e.g., stamp duty, payroll tax, and land tax) may also be imposed, with requirements differing according to company location. - Companies with annual turnover of AUD$75,000 or more must register for an ABN. Failure to do so will result in GST being levied on all company sales since the required date of registration even if the sale price of any goods or services has not been grossed up to include the tax. Furthermore, the company may incur penalties and interest charges for any overdue payments. - Further information in connection with ABN, GST and PAYG registration may be found on the ATO website (www.ato.gov.au). Agency: Australian Taxation Office Doing Business 2015 Australia 21 Time to No. Procedure Cost to complete complete Sign up for Worker Compensation Insurance at an insurance agency The Workers Compensation Act of 1987 and the Workplace Injury Management and Workers Compensation Act of 1998 state that the worker compensation insurance is a compulsory requirement for 1 day no charge 3 employers in Australia. The premium rate is based on description of the company’s main business. Agency: Workers Compensation Insurance * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Australia 22 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid excessive PERMITS INDICATORS MEASURE constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in time and money, Procedures to legally build a warehouse many builders opt out. They may pay bribes to pass (number) inspections or simply build illegally, leading to Submitting all relevant documents and hazardous construction that puts public safety at risk. obtaining all necessary clearances, licenses, Where compliance is simple, straightforward and permits and certificates inexpensive, everyone is better off. Submitting all required notifications and What do the indicators cover? receiving all necessary inspections Doing Business records the procedures, time and cost Obtaining utility connections for water and for a business in the construction industry to obtain sewerage all the necessary approvals to build a warehouse in Registering the warehouse after its the economy’s largest business city, connect it to completion (if required for use as collateral or basic utilities and register the warehouse so that it for transfer of the warehouse) can be used as collateral or transferred to another Time required to complete each procedure entity. (calendar days) The ranking of economies on the ease of dealing with Does not include time spent gathering construction permits is determined by sorting their information distance to frontier scores for dealing with Each procedure starts on a separate day. construction permits. These scores are the simple Procedures that can be fully completed online average of the distance to frontier scores for each of are recorded as ½ day. the component indicators. Procedure considered completed once final To make the data comparable across economies, document is received Doing Business uses several assumptions about the business and the warehouse, including the utility No prior contact with officials connections. Cost required to complete each procedure (% The business: of warehouse value) Official costs only, no bribes  Is a limited liability company operating in the construction business and located in  Will have complete architectural and the largest business city. For the 11 technical plans prepared by a licensed economies with a population of more than architect or engineer. 100 million, data for a second city have  Will be connected to water and sewerage been added. Is domestically owned and (sewage system, septic tank or their operated. equivalent). The connection to each utility  Has 60 builders and other employees. network will be 150 meters (492 feet) long. The warehouse:  Will be used for general storage, such as of books or stationery (not for goods requiring  Is valued at 50 times income per capita. special conditions).  Is a new construction (there was no  Will take 30 weeks to construct (excluding all previous construction on the land). delays due to administrative and regulatory requirements). Doing Business 2015 Australia 23 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to build an economy, except for 11 economies for which the data a warehouse in Australia? According to data collected by are a population-weighted average of the 2 largest Doing Business, dealing with construction permits there business cities. See the chapter on distance to frontier requires 10.0 procedures, takes 112.0 days and costs and ease of doing business ranking at the end of this 0.5% of the warehouse value (figure 3.1). Most indicator profile for more details. sets refer to a case scenario in the largest business city of Figure 3.1 What it takes to comply with formalities to build a warehouse in Australia - Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the dealing with construction permits indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Australia 24 DEALING WITH CONSTRUCTION PERMITS Globally, Australia stands at 19 in the ranking of 189 economies and the regional average ranking provide economies on the ease of dealing with construction other useful information for assessing how easy it is for permits (figure 3.2). The rankings for comparator an entrepreneur in Australia to legally build a warehouse. Figure 3.2 How Australia and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2015 Australia 25 DEALING WITH CONSTRUCTION PERMITS Smart regulation ensures that standards are met while an effort to ensure building safety while keeping making compliance easy and accessible to all. Coherent compliance costs reasonable, governments around the and transparent rules, efficient processes and adequate world have worked on consolidating permitting allocation of resources are especially important in sectors requirements. What construction permitting reforms has where safety is at stake. Construction is one of them. In Doing Business recorded in Australia (table 3.1)? Table 3.1 How has Australia made dealing with construction permits easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Australia reduced the time needed for dealing with DB2010 construction permits by streamlining procedures. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Australia 26 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for Australia are based BUILDING A WAREHOUSE on a set of specific procedures—the steps that a company must complete to legally build a warehouse—identified by Doing Business through Estimated cost of information collected from experts in construction AUD 3,211,742 construction : licensing, including architects, civil engineers, construction lawyers, construction firms, utility City : Sydney service providers and public officials who deal with building regulations. These procedures are those The procedures, along with the associated time and cost, that apply to a company and structure matching the are summarized below. standard assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). Table 3.2 Summary of time, cost and procedures for dealing with construction permits in Australia - Time to No. Procedure Cost to complete complete Verify if a development application is required It is the responsibility of the applicant to contact a planner at the nearest Council Location before preparing a Development Application (DA), to check: * whether the proposed development is permissible; * whether a DA is required; and * how the City's planning instruments - plans, codes and policies - affect the proposed development. BuildCo should ensure that the relevant planning controls have been identified and satisfied. There are a range of planning instruments that apply to various types of development and locations within Sydney. Most environmental and planning law in Australia varies from one 1 Australian state to another. In Sydney, in the state of New South Wales, 1 day no charge development will generally be assessed under one of the regimes in the Environmental Planning and Assessment Act 1979 (Planning Act). The warehouse to be constructed by BuildCo is most likely to fall under Part 4 of the Planning Act and will most likely require development consent from the relevant local council. The Planning Act provides that, for certain types of development, the concurrence of an authority other than the consent authority must be obtained. The conditions for approval of development assessed under Part 4 may also require the developer to obtain further certificates or approvals. These will add cost and time. The council's local environment plan (LEP) usually identifies whether development consent is required. The LEP categorizes development as requiring consent, not requiring consent, or prohibited. In most cases, the zoning of the site determines the types of development permitted on the land. Note that the construction of a warehouse is a type of Doing Business 2015 Australia 27 Time to No. Procedure Cost to complete complete development that almost always requires consent. If the development requires development consent, the local council will usually be the consent authority. However, in some cases, another authority (such as a State minister) may be the consent authority. Agency: Local Council File development application with consent authority It is a legal requirement to submit digital copies of plans and supporting documentation. A minimum of six sets of drawings of the proposed development, plus one A4 set and a digital copy, should be submitted. These must include: • A site plan showing the location of the development within a building or within the locality. The site plan should also identify the site, streets, and adjoining properties, and include a north point. • Floor plans of the proposed buildings showing the layout, partitioning, room sizes and intended uses of each part of the building. Existing floor plans would also be useful. • Elevations and sections showing proposed external finishes and heights (not required where there is no new work proposed). • Drawings must be to scale, normally at 1:100. • Drawings are to be suitably numbered and dated. • Sign applications require plan and elevation details of the location, size and width of the sign, height above ground, materials, coloring, text including size of lettering, graphics and logo, and illumination. Council’s Signage and Advertising Structures DCP 2005 contains details of the requirements for the design and location of signs. • Drawings are to be folded to A4 size with the title block to the front. 60 days AUD 6,905 2 • Digital copies of plans and supporting documentation must be submitted with every application in Portable Document Format (PDF) files no more than 1 MB size. The consent authority reviews the environmental impact assessment for this proposed work and considers the following: • Relevant planning controls • Likely environmental impacts • Suitability of the site for development • Submissions received • Other prescribed matters • The public interest If the assessment is satisfactory, the consent authority will grant BuildCo development consent, which may be subject to conditions. The Development Application will be advertised for approximately 21 days to give the surrounding neighbors the opportunity to contest the planned development in that area. Once the advertising period is over, it will typically take 6 weeks for the development certificate to be issued. The fee for a Development Application is governed under the Environmental Planning and Assessment Regulation 2000. Doing Business 2015 Australia 28 Time to No. Procedure Cost to complete complete For a development with a cost over AUD 1,000,000 the Development Application fee will be calculated as follows: - Base fee = AUD 1,975 -PlanFirst fee = AUD 640 - Additional AUD 1.44 per AUD 1000.00 (or part thereof) by which the estimated cost exceeds AUD 1,000,000.00 - Advertising fee = AUD 1,105 Agency: Local Council Apply for a construction certificate After a Development Consent has been issued by the Local Council and before any building work is carried out, the owner must apply for a Construction Certificate. This certificate shows that the proposed development satisfies the Environmental Planning and Assessment Regulation 2000. This includes: • The construction plans and specifications must comply with the relevant standards (ie Building Code of Australia). • The construction plans and specifications are consistent with the development consent; and • All conditions of the development consent requiring compliance prior to the issuance of a construction certificate are finalized (i.e., payment of the long service levy has been made, the fire protection and structural capacity of the development is adequate, etc.). The Principal Certifying Authority (PCA) can be a Council or a private accredited building surveyor. If BuildCo chooses the Council as the PCA, an appointment form must be completed after the Construction Certificate is obtained. BuildCo must confirm with the PCA what work 21 days AUD 5,802 3 will be done, the fee, and any other requirements. When the City of Sydney is the PCA, the developer submits a Notice of Commencement of Work 2 days before work begins (Under Sections 81 A(2)(b)(i),(c), or (4)(b)(i),(c), 86(1)and (2) and 109E of the Environmental Planning and Assessment Act 1979). The PCA will also provide a list of mandatory inspections that need to be carried. Some councils may charge a standard fee for appointment as the PCA. Otherwise, the fee for obtaining a construction certificate for a development such as a new warehouse will vary by council, for example: For a warehouse with a construction cost above AUD 1,000,000.00, the Sydney City Council will charge: Fee = AUD 3,219 (including 10% of GST) Additional charge = AUD 1.43 for every AUD 1,000.00 for cost over AUD 1,000,000.00 Doing Business 2015 Australia 29 Time to No. Procedure Cost to complete complete Additionally, some councils, such as the Hills Shire Council, offer combined fees for a development application and construction certificate, which can help streamline the process and potentially reduce time and cost. Agency: Sydney City Council Apply for approval of building/development plans by Sydney Water Quick Check Agent Before any construction work can be done, BuildCo must have the approved construction certificate plans assessed and stamped by a Sydney Water Quick Check Agent to verify that the proposed building work will not affect a Sydney Water asset (water supply pipe and/or drainage pipe). A copy of the stamped plans must be provided to the principal certifying authority before work commences. The documents that must be provided are: 1 day AUD 17 4 • A full set of building plans • A site plan to a recognized scale (e.g. 1:500) that shows the full site and the relationship of the proposed building works to the full site (the location on the lot where the building works will take place must be clearly identified) • A set of engineering plans detailing the foundations/footings of the proposed building works Agency: Sydney Water Notify Sydney City Council of Commencement of work and appoint Sydney City Council as PCA The builder will submit a “Notice of Commencement of Building or Subdivision Work” form and Appointment of Council as Principal Certifying Authority under Sections 81A(2)(b)(i),(c), or (4)(b)(i),(c), 86(1)and (2) and 109E of the Environmental Planning and Assessment Act 1979. 1 day no charge 5 This form is submitted only when the City of Sydney is retained as the Principal Certifying Authority (PCA). Agency: Sydney City Council Receive the commencement of building work inspection Once a PCA is appointed, it is his responsibility to provide to the 1 day AUD 281 6 applicant a list of the mandatory critical stage inspections (in accordance to Clause 162A of the Environmental Planning and Assessment Regulation 2000) and any other inspections (determined by Doing Business 2015 Australia 30 Time to No. Procedure Cost to complete complete the PCA) that will be required during construction of the building. The builder needs to be aware of these inspections as they need to be carried out at the appropriate time. It is the responsibility of the builder to contact the PCA at least 48 hours before an inspection is required. Inspections during construction ensure that the construction is consistent with what has been approved in the development consent and construction certificate, and that the building will meet acceptable standards of health, safety and amenity. Mandatory critical stage inspections are set according to the building class. For the case study of Doing Business, the warehouse is a class 7 building. In the case of a class 5, 6, 7, 8 or 9 building, the building work on the development site must be inspected: • At the commencement of building work • Prior to covering any storm water drainage connections • After the building work has been completed and prior to any occupation certificate can be issued in relation to the building The cost of inspection when Sydney City Council is the PCA is AUD 309.00 per inspection including 10% GST. However, Doing Business does not include GST in its calculation. Agency: Sydney City Council Receive inspection prior to covering any stormwater drainage connections A second mandatory inspection prior to covering any storm water drainage connections is conducted by the PCA to ensure compliance with the Construction Certificate. 1 day AUD 281 7 Agency: Sydney City Council Request and receive connection to water and sewage services To receive a connection to water and sewage services, BuildCo must first select a water-servicing coordinator. The coordinator requests a Section 73 Compliance Certificate (for water and sewerage infrastructure) from Sydney Water on BuildCo’s behalf. Sydney Water issues a notice of requirements to the coordinator within 10 days of 8 application receipt (or longer if the development is complex). The 10 days AUD 1,347 notice specifies charges to be paid and the project to be built. If construction is required, certification will depend on the time required for the project to be built and taken over by Sydney Water. BuildCo pays the fees, builds the project, and receives the certificate. Fee schedule for water and sewage connection: • Water (including works): Up to AUD 1215.00 Doing Business 2015 Australia 31 Time to No. Procedure Cost to complete complete • Sewage (assuming that infrastructure exists): AUD 132.00 Agency: Sydney Water Request the occupation certificate The authority that has approved the development may monitor the finished development to ensure compliance with laws and local planning policies. If the development does not comply with the development consent, the applicant can be fined (with a penalty notice), ordered to make changes to the development, or taken to the Land and Environment Court of New South Wales. The court may issue orders to remedy or restrain breaches of the development consent (e.g. orders to carry out works, cease certain uses of the premises, or remove the development). In addition, breaches of planning laws may be criminal offences. 9 1 day no charge New South Wales planning legislation allows any person to bring an action to remedy or restrain a breach of development consent. Thus, in theory, any person may commence proceedings to enforce compliance with the law (a) if a relevant approval (such as a development consent or construction certificate) has not been obtained where required; or (b) if there has been non-compliance with the conditions of a relevant approval. Agency: Sydney City Council Receive final inspection by PCA and obtain the Final Occupation Certificate (OC) An occupation certificate is issued by the appointed Principal Certifying Authority (PCA) under the Environmental Planning and Assessment Act 1979 allowing a building to be used and occupied. This certificate verifies that the PCA is satisfied that the building is suitable to be occupied and used according to the requirements of the Building Code of Australia (BCA). That Code sets required standards for the design and construction of various classes of building to protect health, safety and amenity. 10 15 days AUD 281 There are two types of occupation certificates: • A final occupation certificate allows commencement of either the occupation or use of a new building (including alterations or extensions), or the new use of an existing building resulting from a change of its use • An interim occupation certificate allows the commencement of either the occupation or use of partially completed building, or of a new use of part of an existing building resulting from a change of use for the building An occupation certificate is required for any new building work or change of use of a building that has a development consent or a Doing Business 2015 Australia 32 Time to No. Procedure Cost to complete complete complying development certificate under the EP&A Act. Agency: Sydney City Council * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Australia 33 GETTING ELECTRICITY Access to reliable and affordable electricity is vital for WHAT THE GETTING ELECTRICITY businesses. To counter weak electricity supply, many firms in developing economies have to rely on self- INDICATORS MEASURE supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the first step for Procedures to obtain an electricity a customer is always to gain access by obtaining a connection (number) connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for a Completing all required notifications and local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized warehouse, as well as the time and cost to complete them. These Obtaining external installation works and procedures include applications and contracts with possibly purchasing material for these works electricity utilities, clearances from other agencies Concluding any necessary supply contract and and the external and final connection works. The obtaining final supply ranking of economies on the ease of getting electricity is determined by sorting their distance to Time required to complete each procedure frontier scores for getting electricity. These scores are (calendar days) the simple average of the distance to frontier scores Is at least 1 calendar day for each of the component indicators. To make the data comparable across economies, several Each procedure starts on a separate day assumptions are used. Does not include time spent gathering The warehouse: information  Is owned by a local entrepreneur, located Reflects the time spent in practice, with little in the economy’s largest business city, in follow-up and no prior contact with officials an area where other warehouses are Cost required to complete each procedure located. For the 11 economies with a (% of income per capita) population of more than 100 million, data Official costs only, no bribes for a second city have been added. Excludes value added tax  Is not in a special economic zone where the connection would be eligible for subsidization or faster service.  Is to either the low-voltage or the medium- voltage distribution network and either  Is located in an area with no physical overhead or underground, whichever is more constraints (ie. property not near a railway). common in the area where the warehouse is  Is a new construction being connected to located. Included only negligible length in the electricity for the first time. customer’s private domain.  Is 2 stories, both above ground, with a total  Requires crossing of a 10-meter road but all surface of about 1,300.6 square meters the works are carried out in a public land, so (14,000 square feet), is built on a plot of there is no crossing into other people's 929 square meters (10,000 square feet), is private property. used for storage of refrigerated goods  Involves installing one electricity meter. The The electricity connection: monthly electricity consumption will be 26880 kilowatt hour (kWh). The internal  Is 150 meters long and is a 3-phase, 4-wire electrical wiring has been completed. Y, 140-kilovolt-ampere (kVA) (subscribed capacity) connection. Doing Business 2015 Australia 34 GETTING ELECTRICITY Where does the economy stand today? What does it take to obtain a new electricity connection Most indicator sets refer to a case scenario in the largest in Australia? According to data collected by Doing business city of an economy, except for 11 economies for Business, getting electricity there requires 5.0 procedures, which the data are a population-weighted average of the takes 75.0 days and costs 8.6% of income per capita 2 largest business cities. See the chapter on distance to (figure 4.1). frontier and ease of doing business ranking at the end of this profile for more details. Figure 4.1 What it takes to obtain an electricity connection in Australia - Note: Time shown in the figure above may not reflect simultaneity of procedures. For more information on the methodology of the getting electricity indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Australia 35 GETTING ELECTRICITY Globally, Australia stands at 55 in the ranking of 189 average ranking provide another perspective in assessing economies on the ease of getting electricity (figure 4.2). how easy it is for an entrepreneur in Australia to connect The rankings for comparator economies and the regional a warehouse to electricity. Figure 4.2 How Australia and comparator economies rank on the ease of getting electricity Source: Doing Business database. Doing Business 2015 Australia 36 GETTING ELECTRICITY What are the details? The indicators reported here for Australia are based on a OBTAINING AN ELECTRICITY CONNECTION set of specific procedures—the steps that an entrepreneur must complete to get a warehouse connected to electricity by the local distribution utility— Name of utility: Ausgrid identified by Doing Business. Data are collected from the distribution utility, then completed and verified by City: Sydney electricity regulatory agencies and independent professionals such as electrical engineers, electrical The procedures are those that apply to a warehouse and contractors and construction companies. The electricity electricity connection matching the standard distribution utility surveyed is the one serving the area assumptions used by Doing Business in collecting the (or areas) in which warehouses are located. If there is a data (see the section in this chapter on what the choice of distribution utilities, the one serving the largest indicators cover). The procedures, along with the number of customers is selected. associated time and cost, are summarized below. Table 4.2 Summary of time, cost and procedures for getting electricity in Australia - Time to No. Procedure Cost to complete complete Submit application for connection with Ausgrid, receive Job Number and estimate and make payment The application can be obtained and submitted by fax, email or personally in the local offices. The forms to be submitted is ES1 (Application for connection) and CT request. This must be completed and submitted by the license electrician hired by customer. The following essential info must be included: Address of installation; Name of customers, contact details; electrical contractor and Accredited Service Provider’s (ASP) details and for the return of the Job Number (electrical contractor has to be licensed by the Dept of Fair Trade, NSW). Electrical 52 calendar days AUD 0 1 contractors and ASPs should not proceed with the electrical installation works unless they have received a Job Number. Along with the Job Number, the utility will notify customer that a Site Establishment fee applies (in our case, a site establishment fee will apply, because it is a new installation and will require a National Metering Identifier (NMI)). The utility also augments its network as the connection is 150 meters (this time estimate for augmenting network ranges from 30 to 50 days). Agency: Ausgrid Hire an Accredited service provider who conducts external connection works Customer has the choice of either hiring Enerserve, a branch of Ausgrid, 2 or hiring a accredited private contractor (ASP). The ASP does all the 11 calendar days AUD 5,152.9 external connection works, including material and labor. The ASP would carry out the work & hand in the Notification of Service Work (NOSW). When the NOSW is submitted the charge for site establishment is issued. Doing Business 2015 Australia 37 Time to No. Procedure Cost to complete complete Agency: Accredited Service Provider Submit CT Metering form to utility Service requiring metering of supplies above 100amps need to submit the CT Metering Application form prior to energizing any new services. The form is used to capture data that is unique to the CT installation site such as • the retailer • customer’s details • electrical contractor • metering provider 3 • ALL existing metering to be removed 1 calendar day AUD 0 As the information must be confirmed prior to the energisation of the site and may take up to ten days to process, to avoid delay, it is suggested that the details in CT Metering Application form be submitted as soon as possible. Prior submission of a completed CT Metering form is necessary to enable energisation of the installation. Agency: Customer Request and receive internal wiring inspection from Ausgrid Request for inspection by Energy Authority Installation Inspector for both the internal (MSB) and external wiring (service) would be done at 4 the same time the meter is installed by nominated retailer. 7 calendar days AUD 0 Agency: Ausgrid Nominated retailer installs meter and electricity starts flowing The customer request the nominated retailer to install the meter. Meter is installed at the same time the internal/external installation inspection is carried out. At the completion of the installation inspection the service 4 calendar days AUD 363 5 is energized and electricity starts flowing. Agency: Nominated retailer * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2015 Australia 38 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal again. And where property is informal or poorly Procedures to legally transfer title on administered, it has little chance of being accepted immovable property (number) as collateral for loans—limiting access to finance. Preregistration (for example, checking for liens, notarizing sales agreement, paying property What do the indicators cover? transfer taxes) Doing Business records the full sequence of Registration in the economy’s largest business procedures necessary for a business to purchase city 2 property from another business and transfer the property title to the buyer’s name. The transaction is Postregistration (for example, filing title with the municipality) considered complete when it is opposable to third parties and when the buyer can use the property, Time required to complete each procedure use it as collateral for a bank loan or resell it. The (calendar days) ranking of economies on the ease of registering Does not include time spent gathering property is determined by sorting their distance to information frontier scores for registering property. These scores are the simple average of the distance to frontier Each procedure starts on a separate day. scores for each of the component indicators. To Procedures that can be fully completed online are recorded as ½ day. make the data comparable across economies, several assumptions about the parties to the Procedure considered completed once final transaction, the property and the procedures are document is received used. No prior contact with officials The parties (buyer and seller): Cost required to complete each procedure  Are limited liability companies, 100% (% of property value) domestically and privately owned and Official costs only, no bribes perform general commercial activities. No value added or capital gains taxes included  Are located in the economy’s largest business city . 2  Is located in a periurban commercial zone, and no rezoning is required.  Have 50 employees each, all of whom are nationals.  Has no mortgages attached, has been under the same ownership for the past 10 years. The property (fully owned by the seller):  Consists of 557.4 square meters (6,000 square  Has a value of 50 times income per capita. feet) of land and a 10-year-old, 2-story The sale price equals the value. warehouse of 929 square meters (10,000  Is registered in the land registry or cada- square feet). The warehouse is in good stre, or both, and is free of title disputes. condition and complies with all safety standards, building codes and legal  Property will be transferred in its entirety. requirements. There is no heating system. 2 For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2015 Australia 39 REGISTERING PROPERTY Where does the economy stand today? What does it take to complete a property transfer in which the data are a population-weighted average of the Australia? According to data collected by Doing Business, 2 largest business cities. See the chapter on distance to registering property there requires 5.0 procedures, takes frontier and ease of doing business ranking at the end of 4.5 days and costs 5.2% of the property value (figure 5.1). this profile for more details. Most indicator sets refer to a case scenario in the largest business city of an economy, except for 11 economies for Figure 5.1 What it takes to register property in Australia - Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the registering property indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Australia 40 REGISTERING PROPERTY Globally, Australia stands at 53 in the ranking of 189 regional average ranking provide other useful economies on the ease of registering property (figure information for assessing how easy it is for an 5.2). The rankings for comparator economies and the entrepreneur in Australia to transfer property. Figure 5.2 How Australia and comparator economies rank on the ease of registering property Source: Doing Business database. Doing Business 2015 Australia 41 REGISTERING PROPERTY What are the details? The indicators reported here are based on a set of STANDARD PROPERTY TRANSFER specific procedures—the steps that a buyer and seller must complete to transfer the property to the buyer’s name—identified by Doing Business through information collected from local property lawyers, Property value: AUD 3,211,742 notaries and property registries. These procedures are those that apply to a transaction matching the City: Sydney standard assumptions used by Doing Business in collecting the data (see the section in this chapter on The procedures, along with the associated time and what the indicators cover). cost, are summarized below. Table 5.2 Summary of time, cost and procedures for registering property in Australia Time to No. Procedure Cost to complete complete File for a title search certificate, deposited plans, easements and covenants recorded on the title from the Land and Property Information Department The seller is responsible for obtaining a title search, plans (known as Deposited Plans), easements and covenants recorded on title from the Less than a day AUD 11.90 for Land and Property Information department, according to by law, the (online procedure online title search, Conveyancing Act 1919 and the Conveyancing (Sale of Land) Regulation and simultaneous online plans, 1 2005. These documents must be attached to the sale contract with Procedures 2 easements and (prescribed documents); failure to do so may entitle the purchaser to and 3) covenants rescind the contract. Agency: Land and Property Information Division of the Department of Lands (NSW) * File for a zoning certificate from the Municipal Council The seller is responsible for obtaining a Zoning Certificate from the Municipal Council. This document must be attached to the Contract for 2 days (about 7 Sale (prescribed documents). A Building Certificate can also be obtained days to return by from the Municipal Council, but it is not mandatory. Certain municipal post) 2 AUD 53 councils now process applications through the internet and deliver (simultaneous Zoning Certificates electronically. with Procedures 1 and 3) Agency: Municipal Council Doing Business 2015 Australia 42 Time to No. Procedure Cost to complete complete * File for a drainage diagram from the local water authority 1 day (can be The seller is responsible for obtaining a Drainage Diagram from the done online, then water authority. This document must be attached to the contract for sale wait 7 days for 3 (prescribed documents). return by post) AUD 19.89 (simultaneous Agency: Local water authority with Procedures 1 and 2) Stamp duty, according to the following schedule of tariffs :Below AUD 14,000, the fee is 1.25% of property value of Stamp contract with ad valorem stamp duty (i.e. according to value) property Between at the Office of State Revenue AUD 14,001 and AUD 30,000, the If there are no outstanding interests in the property, then the solicitor for fee is AUD 175 + the buyer (if one is used) prepares a Transfer form (obtained from the 1.5% of excess Department or available online) for execution by the seller. The transfer over AUD may also be completed by the buyer. 14,000 Between The Transfer form (and others) are available in a PDF format on the LPI AUD 30,001 and website at: AUD 80,000, the http://www.lpma.nsw.gov.au/land_property_information fee is AUD 415 + The forms are interactive with popup notes to assist with their 1.75% of excess completion. The contract is sent to the Office of State Revenue and 1 day (over the over AUD stamp duty is paid (by purchaser). If stamping of the Contract does not 4 30,000 Between occur within 3 months of exchange penalty duty is payable on the counter) amount of stamp duty payable at the rate of 15.75% per annum. AUD 80,001 and AUD 300,000, the The rate of Duty is "$40,490 plus $5.50 for every $100 in property value fee is AUD 1,290 + exceeding $1,000,000". 3.5% of excess over AUD Transfers also incur Fixed Stamp Duty costs totaling $20: $10 each for 80,000 Between the stamping of the Real Property Transfer (counterpart contract and AUD 300,001 and Transfer of Land form). 1,000,000, the fee is AUD 8,990 + Agency: NSW Office of State Revenue 4.5% of excess over AUD 300,000 Between AUD 1,000,001 - 3,000,000, the fee is AUD 40,490 + 5.5% of excess over AUD 1,000,000 Over 3,000,000, the fee Doing Business 2015 Australia 43 Time to No. Procedure Cost to complete complete is AUD 150,490.00 + 7% of excess over AUD 3,000,000 Notice of Sale, Transfer of Land form and Certificate of Title are lodged with Land and Property Information by the buyer The Transfer of Land form and Certificate of Title (owner’s copy) are then sent to the Land and Property Information Department for registration. This form is used by LPMA to notify the local council, water supply authority and relevant rating authorities of changes in ownership of the properties. Legislation requires this form to be lodged in all cases where the registered proprietor name on title changes, including a change of 1 day—minutes name. Customers are able to complete and lodge notices of sale (NOS) face to face, up to AUD 209 for the 5 online using LPI’s electronic notice of sale form (eNOS) available online Transfer of Land 2 days bulk (https://six.lands.nsw.gov.au/wps/portal/Support) or hard copy versions Form lodgment can be obtained from our Sydney office or law stationers. Once a dealing is registered the local council, water supply authority and relevant rating authorities are automatically informed of the change and their records are updated. Agency: Land and Property Information Division of the Department of Lands (NSW) * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Australia 44 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable Strength of legal rights index (0–12) 3 lenders’ rights to view a potential borrower’s financial history (positive or negative)—valuable information to Rights of borrowers and lenders through consider when assessing risk. And they permit collateral laws borrowers to establish a good credit history that will Protection of secured creditors’ rights through allow easier access to credit. Sound collateral laws bankruptcy laws enable businesses to use their assets, especially Depth of credit information index (0–8) 4 movable property, as security to generate capital— while strong creditors’ rights have been associated Scope and accessibility of credit information with higher ratios of private sector credit to GDP. distributed by credit bureaus and credit registries What do the indicators cover? Credit bureau coverage (% of adults) Doing Business assesses the sharing of credit information and the legal rights of borrowers and Number of individuals and firms listed in lenders with respect to secured transactions through largest credit bureau as percentage of adult 2 sets of indicators. The depth of credit information population index measures rules and practices affecting the Credit registry coverage (% of adults) coverage, scope and accessibility of credit Number of individuals and firms listed in information available through a credit registry or a credit registry as percentage of adult credit bureau. The strength of legal rights index population measures whether certain features that facilitate lending exist within the applicable collateral and bankruptcy laws. Doing Business uses two case scenarios, Case A and Case B, to determine the scope of the secured transactions system, involving a  Has up to 50 employees. secured borrower and a secured lender and  Is 100% domestically owned, as is the lender. examining legal restrictions on the use of movable collateral (for more details on each case, see the Data The ranking of economies on the ease of getting Notes section of the Doing Business 2015 report). credit is determined by sorting their distance to These scenarios assume that the borrower: frontier scores for getting credit. These scores are the distance to frontier score for the strength of legal  Is a private limited liability company. rights index and the depth of credit information  Has its headquarters and only base of index. operations in the largest business city. For the 11 economies with a population of more than 100 million, data for a second city have been added. 3 For the legal rights index, 2 new points are added in Doing Business 2015 for new data collected to assess the overall legal framework for secured transactions and the functioning of the collateral registry. 4 For the credit information index, 2 new points are added in Doing Business 2015 for new data collected on accessing borrowers’ credit information online and availability of credit scores. Doing Business 2015 Australia 45 GETTING CREDIT Where does the economy stand today? How well do the credit information system and collateral Globally, Australia stands at 4 in the ranking of 189 and bankruptcy laws in Australia facilitate access to economies on the ease of getting credit (figure 6.1). The credit? The economy has a score of 7 on the depth of rankings for comparator economies and the regional credit information index and a score of 11 on the average ranking provide other useful information for strength of legal rights index (see the summary of assessing how well regulations and institutions in scoring at the end of this chapter for details). Higher Australia support lending and borrowing. scores indicate more credit information and stronger legal rights for borrowers and lenders. Figure 6.1 How Australia and comparator economies rank on the ease of getting credit Source: Doing Business database. Doing Business 2015 Australia 46 GETTING CREDIT One way to put an economy’s score on the getting credit rights index for Australia and shows the scores for indicators into context is to see where the economy comparator economies as well as the regional average stands in the distribution of scores across economies. score. Figure 6.3 shows the same for the depth of credit Figure 6.2 highlights the score on the strength of legal information index. Figure 6.2 How strong are legal rights for borrowers Figure 6.3 How much credit information is shared — and lenders? and how widely? Economy scores on strength of legal rights index Economy scores on depth of credit information index Note: Higher scores indicate that collateral and bankruptcy Note: Higher scores indicate the availability of more credit laws are better designed to facilitate access to credit. information, from either a credit registry or a credit bureau, Source: Doing Business database. to facilitate lending decisions. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Source: Doing Business database. Doing Business 2015 Australia 47 GETTING CREDIT When economies strengthen the legal rights of lenders information, they can increase entrepreneurs’ access to and borrowers under collateral and bankruptcy laws, and credit. What credit reforms has Doing Business recorded increase the scope, coverage and accessibility of credit in Australia (table 6.1)? Table 6.1 How has Australia made getting credit easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Australia strengthened its secured transactions system by adopting a new national legal regime governing the DB2013 enforceability of security interests in personal property and implementing a unified collateral registry. Australia improved its credit information system through the Privacy Amendment (Enhancing Privacy Protection) DB2014 Act 2012, which permits credit bureaus to collect account payment history with improved privacy protection. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Australia 48 GETTING CREDIT What are the details? The getting credit indicators reported here for Australia The data on the legal rights of borrowers and lenders are are based on detailed information collected in that gathered through a survey of financial lawyers and economy. The data on credit information sharing are verified through analysis of laws and regulations as well collected through a survey of a credit registry and/or as public sources of information on collateral and credit bureau (if one exists). To construct the depth of bankruptcy laws. For the strength of legal rights index, a credit information index, a score of 1 is assigned for each score of 1 is assigned for each of 10 aspects related to of 8 features of the credit registry or credit bureau (see legal rights in collateral law and 2 aspects in bankruptcy summary of scoring below). law. Strength of legal rights index (0–12) Index score: 11 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and enforcement of functional equivalents to security interests in movable Yes assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of Yes movable assets, without requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of Yes its assets, without requiring a specific description of collateral? May a security right extend to future or after-acquired assets, and may it extend automatically Yes to the products, proceeds or replacements of the original assets? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties; and can the collateral agreement Yes include a maximum amount for which the assets are encumbered? Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by asset type, with an electronic database indexed by debtor's Yes name? Does a notice-based collateral registry exist in which all functional equivalents can be Yes registered? Does a modern collateral registry exist in which registrations, amendments, cancellations and Yes searches can be performed online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor Yes defaults outside an insolvency procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is Yes liquidated? Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization procedure? Does the law protect secured creditors’ rights by No providing clear grounds for relief from the stay and/or sets a time limit for it? Doing Business 2015 Australia 49 Strength of legal rights index (0–12) Index score: 11 Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow the secured creditor to sell the collateral through Yes public auction and private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Depth of credit information index (0–8) Credit bureau Credit registry Index score: 7 Are data on both firms and individuals distributed? Yes No 1 Are both positive and negative credit data distributed? No No 0 Are data from retailers or utility companies - in addition to data from banks and financial institutions - Yes No 1 distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries that distribute more than 10 years of negative data or erase data on Yes No 1 defaults as soon as they are repaid obtain a score of 0 for this component.) Are data on loan amounts below 1% of income per Yes No 1 capita distributed? By law, do borrowers have the right to access their Yes No 1 data in the credit bureau or credit registry? Can banks and financial institutions access borrowers’ credit information online (for example, through an Yes No 1 online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value- added service to help banks and financial institutions Yes No 1 assess the creditworthiness of borrowers? Note: Prior to Doing Business 2015, the depth of credit information index covered only the first 6 features listed above. An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Credit bureau Credit registry Coverage (% of adults) (% of adults) Number of firms 4,000,000 0 Number of individuals 16,000,000 0 Percent of total 100.0 0.0 Doing Business 2015 Australia 50 Source: Doing Business database. Doing Business 2015 Australia 51 PROTECTING MINORITY INVESTORS Protecting minority investors matters for the ability of companies to raise the capital they need to grow, WHAT THE PROTECTING MINORITY innovate, diversify and compete. Effective regulations INVESTORS INDICATORS MEASURE define related-party transactions precisely, promote clear and efficient disclosure requirements, require shareholder participation in major decisions of the Extent of disclosure index (0–10) company and set detailed standards of accountability Review and approval requirements for related-party for company insiders. transactions ; Disclosure requirements for related-party transactions What do the indicators cover? Doing Business measures the protection of minority Extent of director liability index (0–10) investors from conflicts of interest through one set of Ability of minority shareholders to sue and hold interested indicators and shareholders’ rights in corporate directors liable for prejudicial related-party transactions; governance through another. The ranking of economies Available legal remedies (damages, disgorgement of on the strength of minority investor protections is profits, fines, imprisonment, rescission of the transaction) determined by sorting their distance to frontier scores Ease of shareholder suits index (0–10) for protecting minority investors. These scores are the Access to internal corporate documents; Evidence simple average of the distance to frontier scores for the obtainable during trial and allocation of legal expenses extent of conflict of interest regulation index and the extent of shareholder governance index. To make the Extent of conflict of interest regulation index data comparable across economies, a case study uses (0–10) several assumptions about the business and the Sum of the extent of disclosure, extent of director liability transaction. and ease of shareholder indices, divided by 3 The business (Buyer): Extent of shareholder rights index (0-10.5)  Is a publicly traded corporation listed on the Shareholders’ rights and role in major corporate decisions economy’s most important stock exchange (or at least a large private company with Strength of governance structure index (0- multiple shareholders). 10.5) Governance safeguards protecting shareholders from  Has a board of directors and a chief executive undue board control and entrenchment officer (CEO) who may legally act on behalf of Buyer where permitted, even if this is not Extent of corporate transparency index (0-9) specifically required by law. Corporate transparency on ownership stakes, The transaction involves the following details: compensation, audits and financial prospects  Mr. James, a director and the majority Extent of shareholder governance index shareholder of the company, proposes that (0–10) the company purchase used trucks from Sum of the extent of shareholders rights, strength of another company he owns. governance structure and extent of corporate transparency indices, divided by 3  The price is higher than the going price for used trucks, but the transaction goes forward. Strength of investor protection index (0–10)  All required approvals are obtained, and all Simple average of the extent of conflict of interest required disclosures made, though the regulation and extent of shareholder governance indices transaction is prejudicial to Buyer.  Shareholders sue the interested parties and the members of the board of directors. Doing Business 2015 Australia 52 PROTECTING MINORITY INVESTORS Where does the economy stand today? How strong are minority investor protections against protection index (figure 7.1). While the indicator does self-dealing in Australia? The economy has a score of 5.7 not measure all aspects related to the protection of on the strength of minority investor protection index, minority investors, a higher ranking does indicate that an with a higher score indicating stronger protections. economy’s regulations offer stronger minority investor protections against self-dealing in the areas measured. Globally, Australia stands at 71 in the ranking of 189 economies on the strength of minority investor Figure 7.1 How Australia and comparator economies perform on the strength of minority investor protection index Source: Doing Business database. Doing Business 2015 Australia 53 PROTECTING MINORITY INVESTORS One way to put an economy’s scores on the protecting indices for Australia in 2014. A summary of scoring for minority investors indicators into context is to see where the protecting minority investors indicators at the end of the economy stands in the distribution of scores across this chapter provides details on how the indices were comparator economies. Figures 7.2 through 7.7 highlight calculated. the scores on the various minority investor protection Figure 7.2 How extensive are disclosure Figure 7.3 How extensive is the liability regime for directors? requirements? Extent of director liability index (0-10) Extent of disclosure index (0-10) Note: Higher scores indicate greater liability of directors. Note: Higher scores indicate greater disclosure. Source: Doing Business database. Source: Doing Business database. Doing Business 2015 Australia 54 PROTECTING MINORITY INVESTORS Figure 7.4 How easy is accessing internal corporate documents? Ease of shareholder suits index (0-10) Note: Higher scores indicate greater minority shareholder access to evidence before and during trial. Source: Doing Business database. Doing Business 2015 Australia 55 PROTECTING MINORITY INVESTORS Figure 7.5 How extensive are shareholder rights? Extent of shareholder rights index (0-10.5) Note: The higher the score, the stronger the protections. Source: Doing Business database. Figure 7.6 How strong is the governance structure? Strength of governance structure index (0-10.5) Note: Higher scores indicate more stringent governance structure requirements. Source: Doing Business database. Doing Business 2015 Australia 56 Figure 7.7 How extensive is corporate transparency? Extent of corporate transparency index (0-9) Note: Higher scores indicate greater transparency. Source: Doing Business database. Doing Business 2015 Australia 57 PROTECTING MINORITY INVESTORS What are the details? The protecting minority investors indicators reported to disclosure, director liability, shareholder suits, here for Australia are based on detailed information shareholder rights, governance structure and corporate collected through a survey of corporate and securities transparency in a standard case study (for more details, lawyers about securities regulations, company laws and see the Data Notes section of the Doing Business 2015 court rules of evidence and procedure. To construct the report). The summary below shows the details underlying six indicators on minority investor protection, scores are the scores for Australia. assigned to each based on a range of conditions relating Table 7.2 Summary of scoring for the protecting minority investors indicators in Australia Answer Score Extent of disclosure index (0-10) 8.0 Which corporate body can provide legally sufficient Shareholders excluding interested 3 approval for the Buyer-Seller transaction? (0-3) parties Is disclosure by the interested director to the board of Full disclosure of all material facts 2 directors required? (0-2) Is disclosure of the transaction in published periodic filings Disclosure on the transaction only 1 (annual reports) required? (0-2) Is immediate disclosure of the transaction to the public Disclosure on the transaction only 1 and/or shareholders required? (0-2) Must an external body review the terms of the transaction Yes 1 before it takes place? (0-1) Extent of director liability index (0-10) 2.0 Can shareholders sue directly or derivatively for the damage caused by the Buyer-Seller transaction to the company? (0- Yes 1 1) Can shareholders hold the interested director liable for the Not liable 0 damage caused by the transaction to the company? (0-2) Can shareholders hold members of the approving body liable for the damage cause by the transaction to the Liable if negligent 1 company? (0-2) Must the interested director pay damages for the harm caused to the company upon a successful claim by a No 0 shareholder plaintiff? (0-1) Must the interested director repay profits made from the transaction upon a successful claim by a shareholder No 0 plaintiff? (0-1) Can both fines and imprisonment be applied against the No 0 interested indrector? (0-1) Can a court void the transaction upon a successful claim by Only in case of fraud or bad faith 0 a shareholder plaintiff? (0-2) Ease of shareholder suits index (0-10) 8.0 Before filing suit, can shareholders owning 10% of the company’s share capital inspect the transaction documents? No 0 (0-1) Can the plaintiff obtain any documents from the defendant Any relevant document 3 Doing Business 2015 Australia 58 and witnesses during trial? (0-3) Can the plaintiff request categories of documents from the Yes 1 defendant without identifying specific ones? (0-1) Can the plaintiff directly question the defendant and Yes 2 witnesses during trial? (0-2) Is the level of proof required for civil suits lower than that of Yes 1 criminal cases? (0-1) Can shareholder plaintiffs recover their legal expenses from Yes if successful 1 the company? (0-2) Strength of minority investor protection index (0-10) 5.7 Extent of conflict of interest regulation index (0-10) 6.0 Extent of shareholder rights index (0-10.5) 6.0 Can shareholders amend company bylaws or statutes with a No 0 simple majority? Can shareholders owning 10% of the company's share Yes 1.5 capital call for an extraordinary meeting of shareholders? Can shareholders remove members of the board of Yes 1.5 directors before the end of their term. Must a company obtain its shareholders’ approval every No 0 time it issues new shares? Are shareholders automatically granted subscription rights No 0 on new shares? Must shareholders approve the election and dismissal of the Yes 1.5 external auditor? Can shareholders freely trade shares prior to a major Yes 1.5 corporate action or meeting of shareholders? Strength of governance structure index (0-10.5) 3.0 Is the CEO barred from also serving as chair of the board of Yes 1.5 directors? Must the board of directors include independent board No 0 members? Must a company have a separate audit committee? No 0 Must changes to the voting rights of a series or class of shares be approved only by the holders of the affected Yes 1.5 shares? Must a potential acquirer make a tender offer to all No 0 shareholders upon acquiring 50% of a company? Is cross-shareholding between 2 independent companies No 0 limited to 10% of outstanding shares? Is a subsidiary barred from acquiring shares issued by its No 0 parent company? Extent of corporate transparency index (0-9) 7.0 Must ownership stakes representing 10% be disclosed? Yes for listed companies 1 Must information about board members’ other directorships as well as basic information on their primary employment Yes for listed companies 1 be disclosed? Must the compensation of individual managers be Yes for listed companies 1 disclosed? Must financial statements contain explanatory notes on significant accounting policies, trends, risks, uncertainties Yes 1.5 and other factors influencing the reporting? Must annual financial statements be audited by an external Yes 1.5 Doing Business 2015 Australia 59 auditor? Must audit reports be disclosed to the public? Yes for listed companies 1 Extent of shareholder governance index (0-10) 5.3 Source: Doing Business database. PAYING TAXES Taxes are essential. The level of tax rates needs to be carefully chosen—and needless complexity in tax WHAT THE PAYING TAXES INDICATORS rules avoided. Firms in economies that rank better MEASURE on the ease of paying taxes in the Doing Business study tend to perceive both tax rates and tax Tax payments for a manufacturing company administration as less of an obstacle to business in 2013 (number per year adjusted for according to the World Bank Enterprise Survey electronic and joint filing and payment) research. Total number of taxes and contributions paid, What do the indicators cover? including consumption taxes (value added tax, sales tax or goods and service tax) Using a case scenario, Doing Business measures the taxes and mandatory contributions that a medium- Method and frequency of filing and payment size company must pay in a given year as well as the Time required to comply with 3 major taxes administrative burden of paying taxes and (hours per year) contributions. This case scenario uses a set of financial statements and assumptions about Collecting information and computing the tax payable transactions made over the year. Information is also compiled on the frequency of filing and payments as Completing tax return forms, filing with well as time taken to comply with tax laws. The proper agencies ranking of economies on the ease of paying taxes is Arranging payment or withholding determined by sorting their distance to frontier scores on the ease of paying taxes. These scores are Preparing separate tax accounting books, if required the simple average of the distance to frontier scores for each of the component indicators, with a Total tax rate (% of profit before all taxes) threshold and a nonlinear transformation applied to Profit or corporate income tax one of the component indicators, the total tax rate . 5 The financial statement variables have been updated Social contributions and labor taxes paid by to be proportional to 2012 income per capita; the employer previously they were proportional to 2005 income Property and property transfer taxes per capita. To make the data comparable across Dividend, capital gains and financial economies, several assumptions are used. transactions taxes  TaxpayerCo is a medium-size business that Waste collection, vehicle, road and other taxes started operations on January 1, 2012.  Taxes and mandatory contributions include  The business starts from the same financial corporate income tax, turnover tax and all position in each economy. All the taxes labor taxes and contributions paidof by the 5 The nonlinear distance to frontier for the total tax rate is equal to the distance to frontier for the total tax rate to the power 0.8. The threshold is defined as and mandatory the total contributions tax rate at the 15th percentilepaid during of the company. overall distribution for all years included in the analysis. It is calculated and adjusted on a the yearly basis. second The thresholdyear of is not operation based are recorded. on any economic theory of an “optimal tax rate” that minimizes distortions or maximizes efficiency in the tax system of an economy overall. Instead, it is mainly empirical in nature, set  range Alower at the end ofstandard of deductions the distribution and of tax rates levied on medium-size  Taxes and mandatory contributions are exemptions enterprises in the manufacturing sector as observed through the paying taxes indicators. are also This reduces recorded. the bias in the indicators toward economies that do not need to levyat measured all levels significant government. ofon taxes companies like the Doing Business standardized case study company because they raise public revenue in other ways—for example, through taxes on foreign companies, through taxes on sectors other than manufacturing or from natural resources (all of which are outside the scope of the methodology). This year’s threshold is 26.1%. Doing Business 2015 Australia 60 PAYING TAXES Where does the economy stand today? What is the administrative burden of complying with 2 largest business cities. See the chapter on distance to taxes in Australia—and how much do firms pay in taxes? frontier and ease of doing business ranking at the end of On average, firms make 11.0 tax payments a year, spend this profile for more details. 105.0 hours a year filing, preparing and paying taxes and Globally, Australia stands at 39 in the ranking of 189 pay total taxes amounting to 47.3% of profit (see the economies on the ease of paying taxes (figure 8.1). The summary at the end of this chapter for details). Most rankings for comparator economies and the regional indicator sets refer to a case scenario in the largest average ranking provide other useful information for business city of an economy, except for 11 economies for assessing the tax compliance burden for businesses in which the data are a population-weighted average of the Australia. Figure 8.1 How Australia and comparator economies rank on the ease of paying taxes Source: Doing Business database. Doing Business 2015 Australia 61 PAYING TAXES Economies around the world have made paying taxes concrete results. Some economies simplifying tax faster and easier for businesses—such as by payment and reducing rates have seen tax revenue rise. consolidating filings, reducing the frequency of What tax reforms has Doing Business recorded in payments or offering electronic filing and payment. Australia (table 8.1)? Many have lowered tax rates. Changes have brought Table 8.1 How has Australia made paying taxes easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Australia made paying taxes easier for companies by abolishing DB2010 the stamp duty on contracts. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Australia 62 PAYING TAXES What are the details? The indicators reported here for Australia are based LOCATION OF STANDARDIZED COMPANY on the taxes and contributions that would be paid by a standardized case study company used by Doing Business in collecting the data (see the section in this City: Sydney chapter on what the indicators cover). Tax practitioners are asked to review a set of financial statements as well as a standardized list of assumptions and transactions that the company The taxes and contributions paid are listed in the completed during its 2nd year of operation. summary below, along with the associated number of Respondents are asked how much taxes and payments, time and tax rate. mandatory contributions the business must pay and how these taxes are filed and paid. Table 8.2 Summary of tax rates and administration Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate taxable Corporate income tax 1 online filing 37 30% 26.1 profits gross Superannuation guarantee 1 online filing 18 9% 10.3 salaries total Payroll tax 1 online filing 0 5.45% 5.1 payroll gross Worker's compensation 1 0 3.9% 4.4 salaries Grossed- up taxable online filing, Fringe benefits tax 1 0 46.5% value of 1 paid jointly fringe benefits 100 plus 1.6 cents for unimprove no filing is Land tax 1 0 each $A d land 0.2 required exceeding value $396,000 no filing is fixed fee Municipal tax 1 0 0.1 required (A$ 4,500) Doing Business 2015 Australia 63 Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate insurance Tax on insurance contracts 1 0 9% 0.1 premium fixed fee ($A718 for Vehicle tax 1 0 0 each vehicle) liters of small Fuel tax 1 0 A$ 0.231 0 fuel amount value not Value added tax (GST) 1 online filing 50 10% 0 added included Totals 11.0 105.0 47.3 Source: Doing Business database. Doing Business 2015 Australia 64 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE business. Excessive document requirements, burdensome customs procedures, inefficient port operations and inadequate infrastructure all lead to Documents required to export and import extra costs and delays for exporters and importers, (number) stifling trade potential. Research shows that Bank documents exporters in developing countries gain more from a Customs clearance documents 10% drop in their trading costs than from a similar reduction in the tariffs applied to their products in Port and terminal handling documents global markets. Transport documents What do the indicators cover? Time required to export and import (days) Doing Business measures the time and cost Obtaining, filling out and submitting all the (excluding tariffs and the time and cost for sea documents transport) associated with exporting and importing a Inland transport and handling standard shipment of goods by sea transport, and the number of documents necessary to complete the Customs clearance and inspections transaction. The indicators cover predefined stages Port and terminal handling such as documentation requirements and procedures Does not include sea transport time at customs and other regulatory agencies as well as at the port. They also cover trade logistics, including Cost required to export and import (US$ per the time and cost of inland transport to the largest container) business city. The ranking of economies on the ease All documentation of trading across borders is determined by sorting their distance to frontier scores for trading across Inland transport and handling borders. These scores are the simple average of the Customs clearance and inspections distance to frontier scores for each of the component Port and terminal handling indicators. To make the data comparable across economies, Doing Business uses several assumptions Official costs only, no bribes about the business and the traded goods. The business:  Is located in the economy’s largest The traded product: business city. For the 11 economies with a population of more than 100 million, data  Is not hazardous nor includes military items. for a second city have been added.  Does not require refrigeration or any other  Is a private, limited liability company, special environment. domestically owned and does not operate  Do not require any special phytosanitary or with special export or import privileges. environmental safety standards other than  Conducts export and import activities, but accepted international standards. does not have any special accreditation  Is one of the economy’s leading export or such as an authorized economic operator import products. status.  Is transported in a dry-cargo, 20-foot full container load. Doing Business 2015 Australia 65 TRADING ACROSS BORDERS Where does the economy stand today? What does it take to export or import in Australia? average of the 2 largest business cities. See the chapter According to data collected by Doing Business, exporting on distance to frontier and ease of doing business a standard container of goods requires 5 documents, ranking at the end of this profile for more details. takes 9.0 days and costs $1200.0. Importing the same Globally, Australia stands at 49 in the ranking of 189 container of goods requires 7 documents, takes 8.0 days economies on the ease of trading across borders (figure and costs $1220.0 (see the summary of four predefined 9.1). The rankings for comparator economies and the stages and documents at the end of this chapter for regional average ranking provide other useful details). Most indicator sets refer to a case scenario in information for assessing how easy it is for a business in the largest business city of an economy, except for 11 Australia to export and import goods. economies for which the data are a population-weighted Figure 9.1 How Australia and comparator economies rank on the ease of trading across borders Source: Doing Business database. Doing Business 2015 Australia 66 TRADING ACROSS BORDERS What are the details? The indicators reported here for Australia are based LOCATION OF STANDARDIZED COMPANY on a set of specific predefined stages for trading a standard shipment of goods by ocean transport (see the section in this chapter on what the indicators Port Name: Port Botany cover). Information on the required documents and the time and cost to complete export and import is City: Sydney collected from local freight forwarders, shipping lines, The predefined stages, and the associated time and cost, customs brokers, port officials and banks. for exporting and importing a standard shipment of goods are listed in the summary below, along with the required documents. Table 9.2 Summary of predefined stages and documents for trading across borders in Australia Stages to export Time (days) Cost (US$) Customs clearance and inspections 1 65 Documents preparation 5 285 Inland transportation and handling 2 450 Ports and terminal handling 1 400 Totals 9 1,200 Stages to import Time (days) Cost (US$) Customs clearance and inspections 1 170 Documents preparation 3 200 Inland transportation and handling 2 450 Ports and terminal handling 2 400 Totals 8 1,220 Doing Business 2015 Australia 67 Documents to export Bill of lading Commercial invoice Customs export declaration Packing list Technical standard/health certificate Documents to import Bill of lading Commercial invoice Customs import declaration Packing Declaration Packing list Release order Technical standard/health certificate Source: Doing Business database. Doing Business 2015 Australia 68 ENFORCING CONTRACTS Effective commercial dispute resolution has many WHAT THE ENFORCING CONTRACTS benefits. Courts are essential for entrepreneurs INDICATORS MEASURE because they interpret the rules of the market and protect economic rights. Efficient and transparent courts encourage new business relationships because Procedures to enforce a contract through businesses know they can rely on the courts if a new the courts (number) customer fails to pay. Speedy trials are essential for Steps to file and serve the case small enterprises, which may lack the resources to Steps for trial and judgment stay in business while awaiting the outcome of a long court dispute. Steps to enforce the judgment What do the indicators cover? Time required to complete procedures (calendar days) Doing Business measures the efficiency of the judicial system in resolving a commercial dispute before Time to file and serve the case local courts. Following the step-by-step evolution of Time for trial and obtaining judgment a standardized case study, it collects data relating to Time to enforce the judgment the time, cost and procedural complexity of resolving a commercial lawsuit. The ranking on the ease of Cost required to complete procedures (% of enforcing contracts is the simple average of the claim) percentile rankings on its component indicators: Average attorney fees procedures, time and cost. Court costs The dispute in the case study involves the breach of a sales contract between 2 domestic businesses. The Enforcement costs case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt enforcement. To make the data comparable across economies, Doing Business uses several assumptions about the case:  The seller and buyer are located in the economy’s largest business city. For the 11 economies with a population of more than  The seller requests a pretrial attachment to 100 million, data for a second city have secure the claim. been added.  The dispute on the quality of the goods  The buyer orders custom-made goods, requires an expert opinion. then fails to pay.  The judge decides in favor of the seller; there  The seller sues the buyer before a is no appeal. competent court.  The seller enforces the judgment through a  The value of the claim is 200% of the public sale of the buyer’s movable assets. income per capita or the equivalent in local currency of USD 5,000, whichever is greater. Doing Business 2015 Australia 69 ENFORCING CONTRACTS Where does the economy stand today? How efficient is the process of resolving a commercial business cities. See the chapter on distance to frontier dispute through the courts in Australia? According to and ease of doing business ranking at the end of this data collected by Doing Business, contract enforcement profile for more details. takes 395.0 days, costs 21.8% of the value of the claim Globally, Australia stands at 12 in the ranking of 189 and requires 28.0 procedures (see the summary at the economies on the ease of enforcing contracts (figure end of this chapter for details). Most indicator sets refer 10.1). The rankings for comparator economies and the to a case scenario in the largest business city of an regional average ranking provide other useful economy, except for 11 economies for which the data benchmarks for assessing the efficiency of contract are a population-weighted average of the 2 largest enforcement in Australia. Figure 10.1 How Australia and comparator economies rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2015 Australia 70 ENFORCING CONTRACTS What are the details? The indicators reported here for Australia are based COURT NAME on a set of specific procedural steps required to resolve a standardized commercial dispute through the courts (see the section in this chapter on what Claim value: AUD 126,230 the indicators cover). These procedures, and the time and cost of completing them, are identified through District Court of New study of the codes of civil procedure and other court Court name: South Wales regulations, as well as through questionnaires completed by local litigation lawyers (and, in a City: Sydney quarter of the economies covered by Doing Business, by judges as well). Table 10.2 Summary of time, cost and procedures for enforcing a contract in Australia OECD high Indicator Australia income average Time (days) 395 540 Filing and service 7 Trial and judgment 328 Enforcement of judgment 60 Cost (% of claim) 21.8 21.4 Attorney cost (% of claim) 18.5 Court cost (% of claim) 3.1 Enforcement Cost (% of claim) 0.2 Procedures (number) 28 32 Number of procedures (without bonus points) 30 Electronic filing of court cases -1 Specialized commercial courts -1 Total number of procedures (including bonus points) 28 Doing Business 2015 Australia 71 No. Procedures Filing and service: Plaintiff requests payment: Plaintiff or his lawyer asks Defendant orally or in writing to comply with the 1 contract. 2 Plaintiff hires a lawyer: Plaintiff hires a lawyer. Plaintiff files a summons and complaint: Plaintiff files a summons and complaint with the court (orally or * in writing). Plaintiff pays court fees: Plaintiff pays court fees (e.g. court duties, stamp duties, or any other type of court * fees). Answer ‘yes’ even if Plaintiff recovers these costs. Registration of court case: Registration of court case by the court administration (this can include 3 assigning a reference number to the case). Assignment of court case to a judge: Assignment of court case to a judge (through a random procedure, * automated system, ruling of an administrative judge, court officer, etc). Arrangements for physical delivery of summons and complaint: Plaintiff takes the necessary steps to * arrange for physical service of process on Defendant (e.g. instructing a court officer or a private bailiff). Attempt at physical delivery: An attempt to physically deliver summons and complaint to Defendant is 4 made. * Proof of service: Plaintiff submits proof of service to court, as required by law or standard practice. Trial and judgment: Defendant files an answer to Plaintiff’s claim: Defendant files a written pleading which includes his answer 5 or defense on the merits of the case (see assumption 4). Plaintiff’s written reply to Defendant's answer: Plaintiff responds to Defendant’s answer with a writt en 6 pleading, which may or may not include witness statements or expert (witness) statements. Filing of written submissions: Plaintiff and Defendant file written pleadings and submissions with the court 7 and transmit copies of the written pleadings or submissions to one another. The pleadings may or may not include witness statements or expert (witness) statements. Pre-trial conference on procedure: The judge meets with the parties to discuss procedural issues (for 8 example which applications and motions parties intend to file, which documents parties intend to rely on, etc.). Setting of date for mediation hearing: The judge sets a date for a mediation hearing, sometimes also * called a 'pre-trial conference,' and notifies the parties of the hearing date. Court’s issuance of interlocutory order: Court decides the preliminary issues the Defendant raised by * issuing an interlocutory order. Check as ‘yes’ if this is commonly the case in commercial cases. Discovery requests: Plaintiff and Defendant make requests for the disclosure of documents, attempting to * force the other party to reveal potentially detrimental documents. Check as ‘yes’ if discovery requests usually entail disputes. Doing Business 2015 Australia 72 No. Procedures Discovery disputes: Following a request for discovery of documentary evidence by one of the parties, the 9 other party disputes the request and calls upon the judge to decide the issue. Check as ‘yes’ if discovery disputes are provided by law and commonly happen. Request for oral hearing or trial: Plaintiff lists the case for trial on the court’s calendar or applies for the 10 date(s) for the oral hearing or trial. * Setting of date(s) for oral hearing or trial: Judge sets the date(s) for the oral hearing or trial. Pre-trial conference aimed at preparing for trial: The judge meets with parties to make practical 11 arrangements for the trial (for example, the number of witnesses parties intend to call on during trial, how much time each party is given to present oral arguments etc.). * List of (expert) witnesses: The parties file a list of (expert) witnesses with the court (see assumption 5-a). Adjournments: Court proceedings are delayed because one or both parties request and obtain an 12 adjournment to prepare for the oral hearing or trial as a matter of common practice. Trial (prevalent in common law): The parties argue the merits of the case at (an) oral session(s) before the 13 court. Witnesses and expert witnesses are questioned and cross-examined during trial. Final arguments: The parties present their final factual and legal arguments to the court either by oral * presentation or by a written submission. 14 Notification of judgment in court: The parties are notified of the judgment at a court hearing. 15 Writing of judgment: The judge produces a written copy of the judgment. Plaintiff receives a copy of the judgment: Plaintiff receives a copy of the written judgment which is 100% 16 in favor of Plaintiff (see assumption 6). Appeal period: By law Defendant has the opportunity to appeal the judgment during a specified period. 17 Defendant decides not to appeal. Seller decides to start enforcing the judgment when the appeal period ends (see assumption 8). Order for reimbursement by Defendant of Plaintiff's court fees: The judgment orders Defendant to 18 reimburse Plaintiff for the court fees Plaintiff has advanced, because Defendant has lost the case. Enforcement of judgment: Plaintiff hires a lawyer: Plaintiff hires a lawyer to enforce the judgment or continues to be represented by * a lawyer during the enforcement of judgment phase. Plaintiff retains an enforcement agent to enforce the judgment.: Plaintiff retains the services of a court 19 enforcement officer such as a court bailiff or sheriff, or a private bailiff. Plaintiff requests an enforcement order: Plaintiff applies to the court to obtain the enforcement order * ('seal' on judgment). 20 Plaintiff advances enforcement fees: Plaintiff pays the fees related to the enforcement of the judgment. Attachment of enforcement order to judgment: The judge att aches the enforcement order (‘seal’) to the 21 judgment. Doing Business 2015 Australia 73 No. Procedures Delivery of enforcement order: The court's enforcement order is delivered to a court enforcement officer * or a private bailiff. Plaintiff’s request for physical enforcement: As Plaintiff commonly f ears that Defendant might physically * resist the taking into custody of its previously attached movable assets, Plaintiff requests the judge or the police authorities to obtain police assistance during the physical enforcement of the Judge's order for physical enforcement: Judge orders the police to assist with the physical enforcement of 22 the attachment of Defendant's movable assets. Check as “yes” only if the pretrial order of attachment for Defendant’s moveable assets does not ordinarily involve physical seizure of the as Request to Defendant to comply voluntarily with judgment: Plaintiff, a court enforcement officer or a 23 private bailiff requests Defendant to voluntarily comply with the judgment. Identification of Defendant's assets by court official or Defendant for purposes of enforcement: The judge, 24 a court enforcement officer, a private bailiff or the Defendant himself identifies Defendant's movable assets for the purposes of enforcing the judgment through a sale of Defendant’s assets. 25 Plaintiff identifies Defendant's assets for attachment: Plaintiff identifies Defendant's assets for attachment. Attachment: Defendant’s movable goods are attached (physically or by registering, marking or separating 26 assets). Report on execution of attachment: A court enforcement officer or private bailiff delivers a report on the 27 attachment of Defendant's movable goods to the judge. 28 Sale through public auction: The Defendant’s movable property is sold at public auction. Distribution of proceeds: The proceeds of the public auction are distributed to Plaintiff (and, where 29 applicable, to other creditors, according to the rules of priority). Reimbursement of Plaintiff’s enforcement fees: Defendant reimburses Plaintiff's enforcement fees which 30 Plaintiff had advanced previously. * Not counted in the total number of procedures. Source: Doing Business database. Doing Business 2015 Australia 74 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient INDICATORS MEASURE companies and reallocating the resources of inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of businesses Time required to recover debt (years) to normal operation and increase returns to Measured in calendar years creditors. By improving the expectations of creditors Appeals and requests for extension are and debtors about the outcome of insolvency included proceedings, well-functioning insolvency systems can facilitate access to finance, save more viable Cost required to recover debt (% of debtor’s businesses and thereby improve growth and estate) sustainability in the economy overall. Measured as percentage of estate value What do the indicators cover? Court fees Doing Business studies the time, cost and outcome of Fees of insolvency administrators insolvency proceedings involving domestic legal Lawyers’ fees entities. These variables are used to calculate the recovery rate, which is recorded as cents on the Assessors’ and auctioneers’ fees dollar recouped by secured creditors through Other related fees reorganization, liquidation or debt enforcement (foreclosure) proceedings. To determine the present Outcome value of the amount recovered by creditors, Doing Whether business continues operating as a Business uses the lending rates from the International going concern or business assets are sold Monetary Fund, supplemented with data from piecemeal central banks and the Economist Intelligence Unit. Recovery rate for creditors In addition, Doing Business evaluates the adequacy Measures the cents on the dollar recovered and integrity of the existing legal framework by secured creditors applicable to liquidation and reorganization proceedings through the strength of insolvency Outcome for the business (survival or not) determines the maximum value that can be framework index. The index tests whether economies recovered adopted internationally accepted good practices in four areas: commencement of proceedings, Official costs of the insolvency proceedings management of debtor’s assets, reorganization are deducted proceedings and creditor participation. Depreciation of furniture is taken into The ranking of the Resolving Insolvency indicator is account based on the recovery rate and the total score of the Present value of debt recovered strength of insolvency framework index. The Strength of insolvency framework index (0- Resolving Insolvency indicator does not measure 16) insolvency proceedings of individuals and financial institutions. The data are derived from survey Sum of the scores of four component indices: responses by local insolvency practitioners and Commencement of proceedings index (0-3) verified through a study of laws and regulations as well as public information on bankruptcy systems. Management of debtor’s assets index (0-6) Reorganization proceedings index (0-3) Creditor participation index (0-4) Doing Business 2015 Australia 75 RESOLVING INSOLVENCY Where does the economy stand today? Combination of quality regulations and efficient practice According to data collected by Doing Business, Australia characterize the top-performing economies. How scores 2.5 out of 3 points on the commencement of efficient are insolvency proceedings in Australia? proceedings index, 6.0 out of 6 points on the According to data collected by Doing Business, resolving management of debtor’s assets index, 0.5 out of 3 points insolvency takes 1.0 years on average and costs 8.0% of on the reorganization proceedings index, and 3.0 out of the debtor’s estate, with the most likely outcome being 4 points on the creditor participation index. Australia’s that the company will be sold as going concern. The total score on the strength of insolvency framework average recovery rate is 81.9 cents on the dollar. Most index is 12.0 out of 16. indicator sets refer to a case scenario in the largest Globally, Australia stands at 14 in the ranking of 189 business city of an economy, except for 11 economies for economies on the ease of resolving insolvency (figure which the data are a population-weighted average of the 11.1). The rankings for comparator economies and the 2 largest business cities. See the chapter on distance to regional average ranking provide other useful frontier and ease of doing business ranking at the end of benchmarks for assessing the efficiency of insolvency this profile for more details. proceedings in Australia. Figure 11.1 How Australia and comparator economies rank on the ease of resolving insolvency Doing Business 2015 Australia 76 Source: Doing Business database. Doing Business 2015 Australia 77 Figure 11.2 Recovery Rate (0-100) - Australia Source: Doing Business database. Figure 11.3 Strength of insolvency framework index (0-16) - Australia Source: Doing Business database. Doing Business 2015 Australia 78 RESOLVING INSOLVENCY A well-balanced bankruptcy system distinguishes change. Many recent reforms of bankruptcy laws have companies that are financially distressed but been aimed at helping more of the viable businesses economically viable from inefficient companies that survive. What insolvency reforms has Doing Business should be liquidated. But in some insolvency systems recorded in Australia (table 11.1)? even viable businesses are liquidated. This is starting to Table 11.1 How has Australia made resolving insolvency easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Australia clarified the priority of claims of unsecured creditors DB2012 over all shareholders’ claims and introduced further regulation of the profession of insolvency practitioners. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Australia 79 LABOR MARKET REGULATION Doing Business measures flexibility in the regulation of Doing Business 2015 presents the data for the labor employment, specifically as it affects the hiring and market regulation indicators in an annex. The report redundancy of workers and the rigidity of working hours. does not present rankings of economies on these This year, for the first time, the indicators measuring indicators nor include the topic in the aggregate distance flexibility in labor market regulations focus on those to frontier score or ranking on the ease of doing affecting the food retail industry, using a standardized business. Detailed data collected on labor market case study of a cashier in a supermarket. Also new is that regulations are available on the Doing Business website Doing Business collects data on regulations applying to (http://www.doingbusiness.org). The data on labor employees hired through temporary-work agencies as market regulations are based on a detailed survey of well as on those applying to permanent employees or employment regulations that is completed by local employees hired on fixed-term contracts. The indicators lawyers and public officials. Employment laws and also cover additional areas of labor market regulation, regulations as well as secondary sources are reviewed to including social protection schemes and benefits as well ensure accuracy. To make the data comparable across as labor disputes. economies, several assumptions about the worker and the business are used. Over the period from 2007 to 2011 improvements were made to align the methodology for the labor market The worker: regulation indicators (formerly the employing workers  Is a cashier in a supermarket or a grocery store indicators) with the letter and spirit of the International  Is a full-time employee Labour Organization (ILO) conventions. Only 6 of the 188  Is not a member of the labor union, unless ILO conventions cover areas measured by Doing membership is mandatory Business: employee termination, weekend work, holiday The business: with pay, night work, protection against unemployment  Is a limited liability company (or the equivalent and medical care and sickness benefits. The Doing in the economy) with 60 employees. Business methodology is fully consistent with these 6  Operates a supermarket or grocery store in the conventions. The ILO conventions covering areas related economy’s largest business city. For 11 to the labor market regulation indicators do not include economies the data are also collected for the the ILO core labor standards—8 conventions covering second largest business city. the right to collective bargaining, the elimination of  Is subject to collective bargaining agreements if forced labor, the abolition of child labor and equitable such agreements cover more than 50% of the treatment in employment practices. food retail sector and they apply even to firms that are not party to them. Between 2009 and 2011 the World Bank Group worked  Abides by every law and regulation but does not with a consultative group—including labor lawyers, grant workers more benefits than those employer and employee representatives, and experts mandated by law, regulation or (if applicable) from the ILO, the Organisation for Economic Co- collective bargaining agreements. operation and Development (OECD), civil society and the private sector—to review the methodology for the labor market regulation indicators and explore future areas of research. A full report with the conclusions of the consultative group is available at: http://www.doingbusiness.org/methodology/employing-workers. Doing Business 2015 Australia LABOR MARKET REGULATION Employment laws are needed to protect workers from the past 5 years did so in ways that increased labor arbitrary or unfair treatment and to ensure efficient market flexibility. What changes did Australia adopt that contracting between employers and workers. Many affected the Doing Business indicators on labor market economies that changed their labor market regulation in regulation (table 12.1)? Table 12.1 What changes did Australia make in terms of labor market regulation? DB year Reform Australia introduced the severance payment obligation and reemployment consideration applicable in cases of redundancy dismissals. Annual leave was increased and DB2011 averaging of hours is now allowed in shorter periods of time. In addition, notice period applicable in case of redundancy dismissals was decreased. Source: Doing Business database. Doing Business 2015 Australia 81 LABOR MARKET REGULATION What are the details? The data reported here for Australia are based on a Employment laws and regulations as well as secondary detailed survey of labor market regulation that is sources are reviewed to ensure accuracy. completed by local lawyers and public officials. Difficulty of hiring index Difficulty of hiring covers 4 areas: (i) whether fixed-term wage to the average value added per worker. The contracts are prohibited for permanent tasks; (ii) the average value added per worker is the ratio of an maximum cumulative duration of fixed-term contracts; economy’s GNI per capita to the working-age population (iii) the minimum wage for a cashier, age 19, with 1 year as a percentage of the total population. of work experience; and (iv) the ratio of the minimum Difficulty of hiring index Data Fixed-term contracts prohibited for permanent tasks? No No limit (Part 3 of the General Retail Maximum length of a single fixed-term contract (months) Industry Award 2010 in this year's example) Maximum length of fixed-term contracts, including renewals (months) No limit Minimum wage applicable to the worker assumed in the case study 2397.02 (US$/month) Ratio of minimum wage to value added per worker 0.29 Source: Doing Business database. Doing Business 2015 Australia 82 LABOR MARKET REGULATION Rigidity of hours index Rigidity of hours covers 7 areas: (i) whether the premium for work on a weekly rest day (as a percentage workweek can extend to 50 hours or more (including of hourly pay); (v) whether there are restrictions on night overtime) for 2 months in a year to respond to a work; (vi) whether there are restrictions on weekly seasonal increase in workload; (ii) the maximum number holiday work; and (vii) the average paid annual leave for of days allowed in the workweek; (iii) the premium for workers with 1 year of tenure, 5 years of tenure and 10 night work (as a percentage of hourly pay); (iv) the years of tenure. Rigidity of hours index Data 50-hour workweek allowed for 2 months a year in case of a seasonal No increase in workload? Maximum working days per week 7.0 Premium for night work (% of hourly pay) 88% Premium for work on weekly rest day (% of hourly pay) 100% Major restrictions on night work? No Major restrictions on weekly holiday? No Paid annual leave for a worker with 1 year of tenure (in working days) 20.0 Paid annual leave for a worker with 5 years of tenure (in working days) 20.0 Paid annual leave for a worker with 10 years of tenure (in working days) 20.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in 20.0 working days) Source: Doing Business database. Doing Business 2015 Australia 83 LABOR MARKET REGULATION Difficulty of redundancy index Difficulty of redundancy index looks at 9 questions: (i) whether the employer needs approval from a third party what the length is in months of the maximum to terminate 1 redundant worker; (vi) whether the probationary period; (ii) whether redundancy is employer needs approval from a third party to terminate disallowed as a basis for terminating workers; (iii) a group of 9 redundant workers; (vii) whether the law whether the employer needs to notify a third party (such requires the employer to reassign or retrain a worker as a government agency) to terminate 1 redundant before making the worker redundant; (viii) whether worker; (iv) whether the employer needs to notify a third priority rules apply for redundancies; and (ix) whether party to terminate a group of 9 redundant workers; (v) priority rules apply for reemployment. Difficulty of redundancy index Data Maximum length of probationary period (months) 6.0 Dismissal due to redundancy allowed by law? Yes Third-party notification if 1 worker is dismissed? No Third-party approval if 1 worker is dismissed? No Third-party notification if 9 workers are dismissed? No Third-party approval if 9 workers are dismissed? No Retraining or reassignment obligation before redundancy? Yes Priority rules for redundancies? No Priority rules for reemployment? No Source: Doing Business database. Doing Business 2015 Australia 84 LABOR MARKET REGULATION Redundancy cost Redundancy cost measures the cost of advance notice requirements and severance payments applicable to a requirements, severance payments and penalties due worker with 1 year of tenure, a worker with 5 years and when terminating a redundant worker, expressed in a worker with 10 years is considered. One month is weeks of salary. The average value of notice recorded as 4 and 1/3 weeks. Redundancy cost indicator (in salary weeks) Data Notice period for redundancy dismissal for a worker with 1 year of tenure 1.0 Notice period for redundancy dismissal for a worker with 5 years of tenure 4.0 Notice period for redundancy dismissal for a worker with 10 years of tenure 4.0 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years 3.0 of tenure) Severance pay for redundancy dismissal for a worker with 1 year of tenure 4.0 Severance pay for redundancy dismissal for a worker with 5 years of tenure 10.0 Severance pay for redundancy dismissal for a worker with 10 years of tenure 12.0 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years 8.7 of tenure) Source: Doing Business database. Social protection schemes and benefits & Labor disputes Doing Business collects data on the existence of Doing Business also assesses the mechanisms available unemployment protection schemes as well as data on to resolve labor disputes. More specifically, it collects whether employers are legally required to provide data on what courts would be competent to hear labor health insurance for employees with permanent disputes and whether the competent court is contracts. specialized in resolving labor disputes. Social protection schemes and benefits & Labor disputes indicator Data Availability of unemployment protection scheme? Yes Health insurance existing for permanent employees? No Availability of courts or court sections specializing in labor disputes? Yes Source: Doing Business database. Doing Business 2015 Australia 85 Doing Business 2015 Australia 86 DISTANCE TO FRONTIER AND EASE OF DOING BUSINESS RANKING This year’s report presents results for 2 aggregate defined as the total tax rate at the 15th percentile of the measures: the distance to frontier score and the ease of overall distribution for all years included in the analysis. doing business ranking, which for the first time this year For the time to pay taxes the frontier is defined as the is based on the distance to frontier score. The ease of lowest time recorded among all economies that levy the doing business ranking compares economies with one 3 major taxes: profit tax, labor taxes and mandatory another; the distance to frontier score benchmarks contributions, and value added tax (VAT) or sales tax. In economies with respect to regulatory best practice, addition, the cost to export and cost to import for each showing the absolute distance to the best performance year are divided by the GDP deflator, to take the general on each Doing Business indicator. When compared price level into account when benchmarking these across years, the distance to frontier score shows how absolute-cost indicators across economies with different much the regulatory environment for local entrepreneurs inflation trends. The base year for the deflator is 2013 for in an economy has changed over time in absolute terms, all economies. while the ease of doing business ranking can show only In the same formulation, to mitigate the effects of how much the regulatory environment has changed extreme outliers in the distributions of the rescaled data relative to that in other economies. for most component indicators (very few economies Distance to Frontier need 700 days to complete the procedures to start a business, but many need 9 days), the worst performance The distance to frontier score captures the gap between is calculated after the removal of outliers. The definition an economy’s performance and a measure of best of outliers is based on the distribution for each practice across the entire sample of 31 indicators for 10 component indicator. To simplify the process, 2 rules Doing Business topics (the labor market regulation were defined: the 95th percentile is used for the indicators are excluded). For starting a business, for indicators with the most dispersed distributions example, Canada and New Zealand have the smallest (including time, cost, minimum capital and number of number of procedures required (1), and New Zealand the payments to pay taxes), and the 99th percentile is used shortest time to fulfill them (0.5 days). Slovenia has the for number of procedures and number of documents to lowest cost (0.0), and Australia, Colombia and 110 other trade. No outlier was removed for component indicators economies have no paid-in minimum capital bound by definition or construction, including legal requirement (table 15.1 in the Doing Business 2015 index scores (such as the depth of credit information report). index, extent of conflict of interest regulation index and strength of insolvency framework index) and the Calculation of the distance to frontier score recovery rate (figure 15.1 in the Doing Business 2015 Calculating the distance to frontier score for each report). economy involves 2 main steps. First, individual Second, for each economy the scores obtained for component indicators are normalized to a common unit individual indicators are aggregated through simple where each of the 31 component indicators y (except for averaging into one distance to frontier score, first for the total tax rate) is rescaled using the linear each topic and then across all 10 topics: starting a transformation (worst − y)/(worst − frontier). In this business, dealing with construction permits, getting formulation the frontier represents the best performance electricity, registering property, getting credit, protecting on the indicator across all economies since 2005 or the minority investors, paying taxes, trading across borders, third year after data for the indicator were collected for enforcing contracts and resolving insolvency. More the first time. For legal indicators such as those on complex aggregation methods—such as principal getting credit or protecting minority investors, the components and unobserved components —yield a frontier is set at the highest possible value. For the total ranking nearly identical to the simple average used by tax rate, consistent with the use of a threshold in Doing Business . Thus Doing Business uses the simplest 6 calculating the rankings on this indicator, the frontier is 6 See Djankov, Manraj and others (2005). Principal components and unobserved components methods yield a ranking nearly identical to Doing Business 2015 Australia 87 method: weighting all topics equally and, within each overall tax system. Instead, it is mainly empirical in topic, giving equal weight to each of the topic nature. The nonlinear transformation along with the components . threshold reduces the bias in the indicator toward 7 economies that do not need to levy significant taxes on An economy’s distance to frontier score is indicated on a companies like the Doing Business standardized case scale from 0 to 100, where 0 represents the worst study company because they raise public revenue in performance and 100 the frontier. All distance to frontier other ways—for example, through taxes on foreign calculations are based on a maximum of 5 decimals. companies, through taxes on sectors other than However, indicator ranking calculations and the ease of manufacturing or from natural resources (all of which are doing business ranking calculations are based on 2 outside the scope of the methodology). In addition, it decimals. The difference between an economy’s distance acknowledges the need of economies to collect taxes to frontier score in any previous year and its score in from firms. 2014 illustrates the extent to which the economy has closed the gap to the regulatory frontier over time. And Calculation of scores for economies with 2 cities in any given year the score measures how far an covered economy is from the best performance at that time. For each of the 11 economies for which a second city Treatment of the total tax rate was added in this year’s report, the distance to frontier score is calculated as the population-weighted average This year, for the first time, the total tax rate component of the distance to frontier scores for the 2 cities covered of the paying taxes indicator set enters the distance to (table 12.1). This is done for the aggregate score, the frontier calculation in a different way than any other scores for each topic and the scores for all the indicator. The distance to frontier score obtained for the component indicators for each topic. total tax rate is transformed in a nonlinear fashion before it enters the distance to frontier score for paying taxes. Table 12.1 Weights used in calculating the distance to As a result of the nonlinear transformation, an increase in frontier scores for economies with 2 cities covered the total tax rate has a smaller impact on the distance to Economy City Weight (%) frontier score for the total tax rate—and therefore on the Dhaka 78 distance to frontier score for paying taxes—for Bangladesh Chittagong 22 economies with a below-average total tax rate than it São Paulo 61 would have in the calculation done in previous years (line Brazil Rio de Janeiro 39 B is smaller than line A in figure 15.2 of the Doing Shanghai 55 China Business 2015 report). And for economies with an Beijing 45 extreme total tax rate (a rate that is very high relative to Mumbai 47 India the average), an increase has a greater impact on both Delhi 53 these distance to frontier scores than before (line D is Jakarta 78 Indonesia bigger than line C in figure 15.2 of the Doing Business Surabaya 22 Tokyo 65 2015 report). Japan Osaka 35 The nonlinear transformation is not based on any Mexico City 83 Mexico economic theory of an “optimal tax rate” that minimizes Monterrey 17 distortions or maximizes efficiency in an economy’s Lagos 77 Nigeria Kano 23 Karachi 65 Pakistan that from the simple average method because both these methods Lahore 35 assign roughly equal weights to the topics, since the pairwise Moscow 70 Russian Federation correlations among indicators do not differ much. An alternative to the St. Petersburg 30 simple average method is to give different weights to the topics, New York 60 depending on which are considered of more or less importance in the United States Los Angeles 40 context of a specific economy. Source: United Nations, Department of Economic and Social 7 For getting credit, indicators are weighted proportionally, according to their contribution to the total score, with a weight of 60% assigned Affairs, Population Division, World Urbanization Prospects, to the strength of legal rights index and 40% to the depth of credit 2014 Revision. http://esa.un.org/unpd/wup/CD- information index. Indicators for all other topics are assigned equal ROM/Default.aspx. weights Doing Business 2015 Australia 88 Economies that improved the most across 3 or more Selecting the economies that implemented regulatory Doing Business topics in 2013/14 reforms in at least 3 topics and had the biggest improvements in their distance to frontier scores is Doing Business 2015 uses a simple method to calculate intended to highlight economies with ongoing, broad- which economies improved the ease of doing business based reform programs. The improvement in the the most. First, it selects the economies that in 2013/14 distance to frontier score is used to identify the top implemented regulatory reforms making it easier to do improvers because this allows a focus on the absolute business in 3 or more of the 10 topics included in this improvement—in contrast with the relative improvement year’s aggregate distance to frontier score. Twenty-one shown by a change in rankings—that economies have economies meet this criterion: Azerbaijan; Benin; the made in their regulatory environment for business. Democratic Republic of Congo; Côte d’Ivoire; the Czech Republic; Greece; India; Ireland; Kazakhstan; Lithuania; the former Yugoslav Republic of Macedonia; Poland; Ease of Doing Business ranking Senegal; the Seychelles; Spain; Switzerland; Taiwan, China; Tajikistan; Togo; Trinidad and Tobago; and the The ease of doing business ranking ranges from 1 to 189. United Arab Emirates. Second, Doing Business sorts these The ranking of economies is determined by sorting the economies on the increase in their distance to frontier aggregate distance to frontier scores, rounded to 2 score from the previous year using comparable data. decimals. Doing Business 2015 Australia 89 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Law library News on the Doing Business project Online collection of business laws and regulations http://www.doingbusiness.org relating to business http://www.doingbusiness.org/law-library Rankings How economies rank—from 1 to 189 Contributors http://www.doingbusiness.org/rankings More than 10,700 specialists in 189 economies who participate in Doing Business Data http://www.doingbusiness.org/contributors/doing- All the data for 189 economies—topic rankings, business indicator values, lists of regulatory procedures and details underlying indicators Entrepreneurship data http://www.doingbusiness.org/data Data on business density (number of newly registered companies per 1,000 working-age Reports people) for 139 economies Access to Doing Business reports as well as http://www.doingbusiness.org/data/exploretopics/ent subnational and regional reports, reform case repreneurship studies and customized economy and regional profiles Distance to frontier http://www.doingbusiness.org/reports Data benchmarking 189 economies to the frontier in regulatory practice Methodology http://www.doingbusiness.org/data/distance-to- The methodologies and research papers underlying frontier Doing Business http://www.doingbusiness.org/methodology Information on good practices Showing where the many good practices identified Research by Doing Business have been adopted Abstracts of papers on Doing Business topics and http://www.doingbusiness.org/data/good-practice related policy issues http://www.doingbusiness.org/research Doing Business iPhone App Doing Business at a Glance—presenting the full Doing Business reforms report, rankings and highlights for each topic for Short summaries of DB2015 business regulation the iPhone, iPad and iPod touch reforms, lists of reforms since DB2008 and a ranking http://www.doingbusiness.org/specialfeatures/ simulation tool iphone http://www.doingbusiness.org/reforms Historical data Customized data sets since DB2004 http://www.doingbusiness.org/custom-query Doing Business 2015 Australia 90