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Westpac’s scandal highlights a system failing to deter corporate wrongdoing

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Elise Bant, University of Melbourne and Jeannie Marie Paterson, University of Melbourne

The news that Australia’s anti money-laundering regulator has accused Westpac of breaching the law on 23 million occasions points to the prospect that powerful members of corporate Australia are still behaving badly.

This despite the clear lessons offered by the Banking Royal Commission.

Regulators are still struggling to find the right balance between pursuing wrongdoers through the courts – an admittedly costly, time-consuming and highly risky business – and finding other means to punish and deter misconduct.

Australia’s anti money-laundering regulator, AUSTRAC, is seeking penalties against Westpac in the Federal Court.

Each of the bank’s alleged contraventions attracts a civil penalty of up to A$21 million. In theory, that could equate to a fine in the region of A$391 trillion.
In practice, it is likely to be a mere fraction of that sum. Commonwealth Bank breached anti-money-laundering laws and faced a theoretical maximum fine of nearly A$1 trillion, but settled for A$700 million.

No doubt the reality that companies can minimise penalties is a factor in why breaches continue.

This impression is reinforced by revelations last week that financial services company AMP continued to charge fees to its dead clients despite the shellacking it received at the hands of the royal commission.

Last month a Federal Court judge refused to approve a A$75 million fine agreed between the Australian Competition and Consumer Commission and Volkswagen to settle litigation over the car company’s conduct in cheating emissions tests for diesel vehicles. The judge was reported to be “outraged” by the settlement, which meant Volkswagen did not admit liability for its misconduct.

The A$75 million is a drop in the ocean of the likely profits obtained from this systemic wrongdoing and pales into insignificance next to fines imposed in other countries.

Proposals for law reform

So business as usual, right?

Maybe not for long. The Australian Law Reform Commission has just released a discussion paper on corporate criminal responsibility.

It points out that effective punishment and deterrence of serious criminal and civil misconduct by corporations in Australia is undermined by a combination of factors.

These include a confusing and inconsistent web of laws governing the circumstances in which conduct is “attributed” to the company. Similar problems of inconsistency arguably also undermine other key areas, such as efforts to give courts the power to impose hefty fines based on the profits obtained by the wrongdoing

The repeated attempts to come up with new and more effective attribution rules arise because corporate wrongdoers are “artificial people”. For centuries, courts and parliaments have struggled with how to make them pay for what is done by their human managers, employees and (both human and corporate) agents. All too often a company’s directors disclaim all knowledge of the wrongdoing.

To fix this, the ALRC recommends having one single method to attribute responsibility. It builds on the attribution rule first developed in the Trade Practices Act 1974 (Cth) and now used, in various forms, across various statutes.

The ALRC proposes that the conduct and state of mind of any “associates” (whether natural individuals or other corporations) acting on behalf of the corporation should be attributable to the corporation.

This goes well beyond the traditional focus on directors and senior managers and would provide some welcome consistency in the law.

Importantly, serious criminal and civil breaches that require proof of a dishonest or highly culpable corporate “state of mind” can be satisfied either by proving the state of mind of the “associate” or that the company “authorised or permitted” the conduct.

A “due diligence” defence would protect the corporation from liability where the misconduct was truly attributable to rogue “bad apples” in an otherwise a well-run organisation. There would be no protection in the case of widespread “system errors” and “administrative failures” so pathetically admitted during the royal commission.

The ALRC also proposes that senior officers be liable for the conduct of corporations where they are in “a position to influence the relevant conduct and failed to take reasonable steps to prevent a contravention or offence”.

This would place the onus on those in a position to change egregious corporate practices to show they took reasonable steps to do so.

Removing the penalty ceiling

These recommendations, if adopted could prove a game-changer for regulators asking themselves “why not litigate?” and corporations used to managing the fall-out of their misconduct as simply a “cost of business”.

The ALRC’s recommendations that the criminal and civil penalties should be enough to ensure corporations don’t profit from wrongdoing will be welcomed by many. Some academics have gone further and argued that the law should be changed to make it clear that civil, not just criminal penalties, should be set at a level that is effective to punish serious wrongdoing.

The ALRC also raises the question whether current limits on penalties should be removed. The Westpac scenario might be just the kind of case to make that option attractive.The Conversation

Elise Bant, Professor of Law, University of Melbourne and Jeannie Marie Paterson, Professor of Law, University of Melbourne

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Trump says Iran getting more serious in talks, no decision yet on major strikes

Donald Trump says Iran is becoming more serious in negotiations with the US but insists no decision has been taken on launching major military strikes against Tehran.

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Donald Trump

US President Donald Trump has said he has not yet decided whether to authorise major military strikes against Iran, stating that Tehran has become “more serious” in its negotiations with Washington even as tensions between the two countries remain high.

Speaking to reporters in the Oval Office on Friday, Trump said discussions with Iran were continuing and suggested diplomatic efforts were showing signs of progress.

“We’re talking to them right now. I think they’re getting more and more serious as the days go by,” Trump said, adding that no final decision had been taken on launching military action.

Trump says diplomacy remains an option

Trump said the United States remained prepared for military action if required but indicated that ongoing talks could still lead to an agreement.

“We’re locked and loaded and ready to go. But we’re talking to them, so I think while we’re talking, we’ll see what comes of it. I believe they’re very serious. They should be,” he said.

The US President also warned that Iran would face a “much higher level” of strikes if negotiations failed, while reiterating that preventing Tehran from developing a nuclear weapon remained his key red line.

The United States has said its military operations are aimed at preventing Iran from closing the strategically important Strait of Hormuz. Iran, meanwhile, has carried out retaliatory strikes on US bases, with four American service members reported killed.

Reports claim Trump discussed large-scale military operation

Trump’s remarks came after media reports suggested he met senior advisers to discuss the possibility of a large-scale military operation against Iran. Another report said he was considering a “massive attack”, although Trump did not confirm those reports during his interaction with journalists.

He also acknowledged that the prolonged conflict, which he had earlier expected to last only a few weeks, was approaching its fifth month and had become a political challenge ahead of the US midterm elections scheduled for November.

Trump issues warning over support for Iran

Trump also addressed reports claiming that Russia and China were providing intelligence or military support to Iran. He said both Chinese President Xi Jinping and Russian President Vladimir Putin had assured him they would not arm Tehran.

“I think they wouldn’t want to have me disappointed,” Trump said.

In a separate post on his Truth Social platform, Trump warned Moscow and Beijing against supplying weapons to Iran, saying such a move would not be in their interests.

He further stated that Xi had assured him during their meeting in Beijing in May that China would not provide weapons to Iran, while Putin had conveyed a similar position despite the ongoing war in Ukraine.

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For second time, US strikes ship with Indian crew near Strait of Hormuz

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Strait of Hormuz

The United States Central Command (CENTCOM) has said that an oil tanker carrying Indian crew was drifting with its engine switched off near the Strait of Hormuz before it was struck by US forces.

A CENTCOM spokesperson said the vessel had stopped due to engine failure and was drifting after its crew repeatedly sought additional time to carry out repairs. US officials said the tanker was struck only after it failed to comply with directives issued by US forces enforcing a blockade on vessels allegedly transporting Iranian oil. The military said the strike was aimed at disabling the ship by targeting its engine room rather than sinking it.

The incident involved a tanker carrying Indian seafarers near the Gulf of Oman, close to the Strait of Hormuz, one of the world’s busiest maritime trade routes. The strike triggered a fire onboard, prompting rescue efforts by Omani authorities and maritime agencies. Indian authorities closely monitored the situation and coordinated with local officials regarding the welfare of the crew members.

The incident has drawn concern in India, with the government emphasising the safety of Indian nationals working aboard commercial vessels in the conflict-hit region. The Ministry of External Affairs has remained in touch with the authorities concerned as tensions between the United States and Iran continue to pose risks to international shipping.

In June, three Indian sailors were killed in a US strike on another oil tanker. The Strait of Hormuz handles a significant share of the word’s oil trade, and the latest incident has renewed concerns over the security of merchant vessels operating in the region. Maritime experts have warned that escalating hostilities could further disrupt commercial shipping and endanger civilian crews navigating one of the world’s most strategically important waterways.

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Trump announces phased tariff of up to 200% on generic drug imports, India may face impact

US President Donald Trump has announced a phased tariff plan on imported generic medicines, raising duties to 200% after three years, a move that could affect India’s pharmaceutical exports.

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Donald Trump

The United States has announced a phased tariff plan for imported generic medicines that could have implications for pharmaceutical exporters, including India. US President Donald Trump said the policy is intended to encourage companies to shift generic drug manufacturing to the United States by imposing steep tariffs after a two-year transition period.

The announcement is particularly important for India, one of the world’s largest suppliers of affordable generic medicines and a major exporter to the US market.

Trump outlines phased tariff plan

In a post on his Truth Social platform, President Trump said the new policy will take effect from August 1, 2026. Under the plan, imported generic medicines will continue to attract zero tariffs for the first two years.

Beginning in the third year, the tariff will increase to 100%, before rising further to 200% thereafter.

Trump said the measure is designed to encourage pharmaceutical companies to establish manufacturing facilities in the United States instead of relying on imports.

He added that companies choosing not to invest in US-based production during the transition period would face the higher tariff rates. According to Trump, the existing policy governing patented, branded and innovative medicines will remain unchanged.

Why India could be affected

India is widely regarded as the “pharmacy of the world” because of its large-scale production and export of generic medicines.

Indian generic drugs account for nearly 40% of the US generic medicine market by volume. According to a Global Trade Research Initiative (GTRI) report, India exported pharmaceutical products worth USD 9.7 billion to the United States during the 2024-25 financial year, representing around 38% of the country’s total pharmaceutical exports of USD 25.8 billion.

However, the immediate impact of the newly announced tariff policy on Indian pharmaceutical companies remains uncertain.

Existing trade agreement and industry concerns

India and the United States struck a trade pact in February that states India would receive negotiated outcomes regarding generic pharmaceuticals and pharmaceutical ingredients.

Despite that provision, previous tariff threats by Trump had already raised concerns within the pharmaceutical industry over the future of affordable medicine exports from India.

Indian pharmaceutical companies supply a wide range of generic medicines used to treat conditions including hypertension, diabetes, depression, cancer, infectious diseases and mental health disorders.

According to a Financial Post report cited in the source material, around 65% of birth control pill prescriptions in the United States during 2024 were manufactured by two India-based companies — Glenmark Pharmaceuticals Ltd. and Lupin Ltd.

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