Monthly Archives: November 2012

NSW Parliament Passes Bill reducing liability of directors for offences committed by Company

On 26 November 2012 the New South Wales Parliament passed the Miscellaneous Acts Amendment (Directors’ Liability) Bill 2012 providing for substantial reform regarding the liability of directors for offences committed by companies of which they are a director. Under the existing laws, directors were often automatically liable for offences committed by the Company. In most cases after the new law becomes operational,  a director will no longer be automatically liable for an offence committed by a company unless they acted as an accessory in an offence under the acts set out below. The bill amends the following acts

  • Animal Research Act 1985:
  • Building and Construction Industry Long Service Payments Act 1986
  • Children and Young Persons (Care and Protection) Act 1998
  • Classification (Publications, Films and Computer Games) Enforcement Act 1995
  • Contaminated Land Management Act 1997
  • Conveyancers Licensing Act 2003
  • Drug Misuse and Trafficking Act 1985
  • Drug Misuse and Trafficking Regulation 2011
  • Duties Act 1997
  • Electricity (Consumer Safety) Act 2004
  • Environmentally Hazardous Chemicals Act 1985
  • Explosives Act 2003
  • Food Act 2003
  • Forestry Act 1916
  • Funeral Funds Act 1979
  • Gaming Machines Act 2001
  • Health Insurance Levies Act 1982
  • Heritage Act 1977
  • Jury Act 1977
  • Landlord and Tenant (Amendment) Act 1948
  • Liquor Act 2007
  • Loan Fund Companies Act 1976
  • Long Service Leave Act 1955
  • Long Service Leave (Metalliferous Mining Industry) Act 1963
  • Mining Act 1992
  • Motor Dealers Act 1974
  • Motor Vehicle Repairs Act 1980
  • National Parks and Wildlife Act 1974
  • Native Vegetation Act 2003
  • Payroll Tax Act 2007
  • Pesticides Act 1999
  • Printing and Newspapers Act 1973
  • Property, Stock and Business Agents Act 2002
  • Protection of the Environment Operations Act 1997
  • Racing Administration Act 1998
  • Rural Workers Accommodation Act 1969
  • Security Industry Act 1997
  • Sydney Water Catchment Management Act 1998
  • Sydney Water Catchment Management Regulation 2008
  • Taxation Administration Act 1996
  • Threatened Species Conservation Act 1995
  • Unlawful Gambling Act 1998
  • Valuers Act 2003
  • Veterinary Practice Act 2003
  • Water Industry Competition Act 2006
  • Workplace Injury Management and Workers Compensation Act 1998

As explained in the Explanatory Memoranda, the amendments introduced three classes of executive liability:

  • Type 1 executive liability. This requires the prosecution to prove every element of the offence alleged to have been committed by the director or manager, including the element (the responsibility element) that he or she failed to take all reasonable steps to prevent or stop the commission of the offence by the corporation. The taking of reasonable steps was often previously referred to as using due diligence.
  • Type 2 executive liability. This provides that the responsibility element is to be presumed without the need for further proof, unless the director or manager adduces or points to evidence that suggests a reasonable possibility that there was no such failure to take reasonable steps.
  • Type 3 executive liability. This provides that the responsibility element is to be presumed without the need for further proof, and the director or manager bears the burden of proving, on the balance of probabilities, that there was no such failure to take reasonable steps.

However, the Explanatory Memoranda further explains that there are no provision in the amendments to impose Type 2 or Type 3 executive liability in the Acts and regulations that are amended by the Bill.

The object of the Bill was to amend certain Acts that impose executive liability, and to amend certain regulations made under those Acts, so as:

  1. to change the type of liability that is imposed for certain offences under those Acts and regulations, from executive liability to accessorial liability, and
  2. to change the type of executive liability that is imposed for certain offences under those Acts and regulations, from type 3 executive liability to type 1 executive liability, and
  3. to include, in or near each provision creating an offence committed by a corporation that gives rise to executive liability, a note drawing attention to that liability, and
  4. to include, where practicable, standard provisions for executive liability and accessorial liability, and
  5. to make other minor or consequential amendments.

The amendments are very welcome and harmonises the laws in New South Wales with those of other states.

Advertisements

My First 10 days with the Surface RT

I have had my Surface RT for about 10 days. I am on a train, my RT with a Touch Cover Keyboard on my Briefcase, which is on my lap. I am using Word 2013 to type this post. My typing accuracy is not perfect, I am making more mistakes than normal, but it is very workable. It is not something that I would have even attempted to do on my iPad.

What are my views about the Surface and RT?

The touch user interface is completely new, it will take time for me to learn it and to appreciate it. I have to learn new ways to do all the everyday things, this is both frustrating and gratifying. It is gratifying because you learn that there is a underlying logic to it and it will become intuitive. Microsoft has given an enormous amount of thought in developing the metro style interface (sorry Microsoft I refuse to call it Modern UI). I am becoming to appreciate its charms (excuse the pun).

The office programs, Word, Excel and One Note are excellent (I have not tried Power Point), but I miss Outlook even though the metro Mail App is adequate. It being able to connect to more than one exchange server is big advantage over Outlook. However, I am disappointed that the Desktop does not appear to be able to talk to the Mail App (e.g. You cannot email a file as an attachment from Desktop as the Desktop does not recognise the Mail app as being installed. Instead you have create a new email in the Mail App and then attach the file from that application).

The Calendar and Peoples App are also adequate. The Peoples App (i.e. contacts) takes a bit getting used to before you can appreciate it. I expect that the App will improve in future iterations. It does need to be a lot more configurable. The Calendar App does everything you would expect of it.

The Metro Internet Explorer App is also excellent. The Metro UI, is truly great. I prefer to use it instead of the Desktop version. Unfortunately both versions are presently suffering from compatibility issues as a lot of web-sites do not recognise it, and therefore downgrade the experience to a less capable default browsers. I am sure that this will quickly improve.

One of the main advantages of the RT in a business or corporate environment are the RT’s security policies. The RT will enforce a sub-set of security policies of the host exchange server. Windows RT is quite dictatorial in this regard (which means the IT Department will love it). The RT certainly does not like “self-signed certificates” (see my last post). Those securities measures initially caused me a quite a deal of frustration as I was not able to connect the Mail App to my office exchange until I worked out how to install the self signed certificate on the RT. What was particularly aggravating, was that it did not make any attempt explain l the reasons why it was refusing to connect.

The Remote Desktop App is a big surprise. It is fully functional and is just as easy to use as any Desktop version. As it incorporates touch, it may in fact be easier to use than the Desktop.

Yes there are an absence of quality Apps in the store. However, given that you have Microsoft Office installed there is less need. The Metro IE is very adequate for my browsing needs. Some of my earlier wishlist has been answered.

  • eWallet has just become available.
  • Kindle is available.
  • WordPress is available, but it is not very functional.

Given my experience with Metro IE, Chrome is no longer on my wish list. Notwithstanding,. the main Apps that I still miss and I am looking forward to becoming available are:

  • Adobe Reader or Goodreader. The Windows Reader App does not recognise contents pages, and while it recognises internal bookmarks, it does not handle them very well at all. While I have been told by Goodreader that they do not propose to venture from iOS, Adobe Reader when it arrives hopefully offer the same functionality particularly given that it will have access to file explorer and the Desktop.
  • Zite, my favourite News App on the iPad.
  • Dropbox, but only for convenience. Skydrive is a very adequate replacement.
  • The Fifth, a really neat RSS News Reader App that is being published “really soon now” by my son, Tim. Look out for it.

Dear Mr Microsoft Why can I not connect Windows 8 Mail App to Exchange -update and the Solution?

Dear Mr Microsoft

I have bought my RT Surface. Even though I am sure that it will be so much better than my iPad, why do you make it so much harder to connect the mail app to exchange server? Whilst I suspect that my trouble may arise from a self-signed certificate, your app does not tell me!!!!!! I am left to guess, to google, only to find that many others are also not able to connect the windows mail app to exchange, with no clear answer to be found.

Jeffrey

(PS. It is quite irritating to see posts that threads that could lead to the answer being terminated by some moderator only because it was located on the w8 consumer preview forum – and yes the problem still exists with the release version of windows 8 pro and the rt version. I know because I am having the same problem with both versions)

(PS. I prepared this post on the RT and saved it to skydrive. I would not have attempted to do so on the iPad. That was the reason I bought the RT and I am happy)

Possible SOLUTION?

@MSAUTECH responded to my post, invited me to

http://answers.microsoft.com/en-us/windows/forum/windows_rt?tm=1352688123477

and the solution may exist here

http://answers.microsoft.com/en-us/windows/forum/windows_rt-ecoms/how-can-i-set-up-my-mail-app-to-connect-with/340d34a1-29cf-4f71-bfbc-09e752907813

14 November 2012 – Further Update AND THE SOLUTION

After a lot of failures I have finally been able to get the self signed certificate installed on the RT and Mail connected to Exchange.

What I discovered is that you cannot install the certificate using Internet Explorer (by using the import wizard). The certificate installed using this method does not appear to all the necessary information.

I only got it to work by exporting the certificate as a “.p7b” file from my office workstation, saving that file to the network, and then importing that file using the Certificate Manager on RT.

To export the certificate you need to

1. using IE browse to the url containing the mail exchange eg “mail.exchangeserver.com.au/owa”

2. click the keylock symbol on the right hand side of the IE address window.

3. request to view the certificate

4. select the “Details” Tab

5. select “Copy to File”

6. run the Certificate Export Wizard”

7. Select the “Cryptographic Message Syntax Standard – PKCS #7 Certificate (.P7B)” format.

8. Name the file and save it to the network, from which you will then be able to import the file on the RT.