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Heavy breathing's regulation for APRA chief

BE WORRIED if you ever feel the "hot breath" of a banking regulator on your neck when you are going for a morning jog.
By · 13 Jul 2012
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13 Jul 2012
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BE WORRIED if you ever feel the "hot breath" of a banking regulator on your neck when you are going for a morning jog.

Australian Prudential Regulation Authority chairman John Laker yesterday offered some insights into what it is like being a regulator.

"I remember well before I ever got inducted into the black art of supervision, hearing a very older, much wiser, prudential supervisor . . . saying that you've got to think, as a supervisor, of innovation as you would think about where you're positioning in a long distance race. The supervisor should be one back from the leader, and one out," Laker told a conference in Sydney.

"One out, so that you can let innovation come through and let the faster and the better innovators come through, and one back so they can just feel your hot breath on their neck."

Laker also offered some ideas on new laws that could better regulate the financial system.

"We can't regulate against reckless behaviour. We can certainly do our best to intrude to identify it and to modify it," he said. "But show me a piece of paper that says 'thou shalt not be stupid'. I'd love that regulation, but you know what, that won't help me at all."

BNY Mellon's chief executive of global markets, Art Certosimo, when asked how the system could be better regulated, said: "Here's the banker sitting next to these prestigious regulators. I gotta really answer these questions.

"The real answer is I spoke with John [Laker] and I told him 'just reach around my back and make my mouth move and tell me what to say'," said Certosimo, who was on the same panel as Laker.

As for the thorny question of executive pay, Certosimo, in true investment banker talk, said: "I'd say if there was more friction around arbitrary executive pay rules, as opposed to looking at it from risk dynamics and incentives and clawbacks, there are certain principles there that I think make a heck of a lot of sense, but if we ever moved to just a hard cap, that would seem like punishment more than regulation."

Checkout irony

COLES boss Ian McLeod has made public some of the stock problems he faced when he joined the Wesfarmers-owned supermarket chain four years ago.

"I think we had four years' worth of coathangers when I arrived, to try and corner the coathanger market in Australia," McLeod said in a speech in Melbourne yesterday.

"And we know that we have a lot of customers that like Italian olive oil, but we had more olive oil than there is water in Lake Como, I think, so that was one of the challenges we had."

The Scotsman also revealed that he had volunteered to appear in television advertisements instead of celebrity chef Curtis Stone.

"Apparently he's quite good looking as well. I offered to do it myself but was politely told I wasn't in the frame."

Sweet farewell

JOHN "there'll be stories" Story must have felt slightly better about himself yesterday after getting a handful of claps when he was farewelled as a director of CSR.

"His counsel and experience have been invaluable to the company during a significant change, following the demerger of Rinker in 2003 and, more recently, with the sale of Sucrogen," CSR chairman Jeremy Sutcliffe told the annual meeting about the group's longest serving director.

"John, thank you very much indeed on behalf of your colleagues on the board, management and shareholders," he said as CSR shares touched a fresh 26-year low.

The comments must have been uplifting for Story, who last month abruptly resigned as the chairman of Sydney Star Casino owner Echo Entertainment, following a concerted campaign to dislodge him by James Packer.

One CSR shareholder who expressed his frustration was Brian Chu, who said he was "rather disappointed in the results of the investment".

Chu said his poor CSR investment had at least proved a handy case study for his students at the University of New South Wales, where he teaches risk and actuarial studies. "I have been able to tell my students . . . about looking carefully at financial reports and expecting the unexpected, which I am sure we all understand in the case of the perfect storm which CSR is facing."

Another shareholder expressed dismay over the name of CSR's glass business Viridian. "Why not call it CSR glass? What does Viridian mean?" he said. "I wonder if glass is being sufficiently promoted," the shareholder continued, arguing there were not enough windows being installed in homes.

But the CSR chairman was not budging over the Viridian name. "I must admit, before I worked at CSR it worked on me. And you know what? I like the name. I hear what you say and it is a great thing about debate, some people do and some people don't. And I've seen some disastrous name changes in my time . . . but I've gotta tell you, I like it," said Sutcliffe. "But it takes all sorts doesn't it."

Replaced by a TV

MYER Holdings suffered a shrinkage of staff yesterday that could lead to more shrinkage, when it announced 100 job cuts.

Shop, Distributive and Allied Employees Union national secretary Joe de Bruyn said about 30 of the job losses related to loss prevention officers who were being replaced by closed-circuit TV. The company would not comment.

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Frequently Asked Questions about this Article…

John Laker said regulators should strike a balance — be “one back and one out” from industry leaders so they can let good innovation through while staying close enough to exert pressure. He used the “hot breath on their neck” metaphor to describe supervisors keeping close oversight without stifling progress.

A supervisory approach that allows innovation but keeps close oversight aims to reduce systemic risk without blocking new services. For investors, that can mean more stable banks over the long run and a regulatory environment that seeks to identify and modify reckless behaviour rather than impose blunt bans — though regulators admit they can’t simply outlaw ‘being stupid.’

Art Certosimo argued for focusing on pay structures tied to risk dynamics, incentives and clawbacks instead of arbitrary hard caps. For investors, well-designed executive pay and clawback policies can better align management with shareholder interests and reduce incentives for excessive risk-taking.

Ian McLeod said he found major overstocking when he joined Coles — joking about too many coathangers and excess Italian olive oil — which points to past supply-chain or merchandising inefficiencies. For investors, fixing inventory and assortment issues can boost margins and sales, so improvements in these areas are positive signs for retail performance.

CSR shares hit a fresh 26-year low as the company navigated major changes including the 2003 demerger of Rinker and the more recent sale of Sucrogen. At the annual meeting the departure of long-serving director John Story was noted, and shareholders expressed frustration about returns and strategic direction.

Shareholders voiced disappointment in investment returns and urged careful reading of financial reports and risk factors — one even quipped about the branding of CSR’s glass arm, Viridian, questioning its promotion. These comments underline investor sensitivity to strategy, branding and transparency when a company is struggling.

MYER announced about 100 job cuts, with roughly 30 loss-prevention roles being replaced by closed-circuit TV. For investors, this signals cost-cutting and automation trends in retail that may improve margins but could also raise questions about service levels and longer-term sales impact.

Yes — John Story, who was farewelled as a CSR director, had recently resigned as chairman of Echo Entertainment after a campaign to dislodge him by James Packer. Such high-profile governance disputes and resignations can influence investor confidence and should be monitored for their impact on company strategy and share performance.