11 - Coporatisation and Privatisation Flashcards
Corporatisation
Transformation (by legislation) of a government entity into a corporation, with government remaining the sole shareholder
Features which support corporatisation
- trading in goods/services (can’t be just a social role)
- meets operating costs from user charges
- operates in competitive environment
- operates with autonomy (BOD reports to gov)
- has a commercial focus
- has significant size to justify corporatisation
Key requirements of a successful corporatisation
- clear and non-conflicting OBJECTIVES
- provide managerial RESPONSIBILITY, authority and autonomy
- independent and objective performance MONITORING
- rewards and sanctions for performance (e.g. introduce bonuses/promotions etc)
- competitive neutrality
What are the key legal aspects for corporatisation?
- Incorporatisation model
- Involves incorporation by the government of a public company under the Corporations Law and the transfer of the commercial undertaking (assets) of the statutory authority to the company
- Gov remains the sole shareholder however board of directors and management formed
Examples of Corporatisation
- Fed Square
- Film Victoria
- Melbourne Markets Authority
- Docklands Studios
Implementing Corporatisation - Competitive neutrality (operating as part of the private sector)
- Interests in government business enterprises are not transferable property rights. Hence, normal market incentives and constraints do not apply, namely:
- threat of takeover
- replacement of Boards
- employee option/share schemes
Implementing Corporatisation - Competitive neutrality (political influence)
- gov may impose political objectives on enterprise (eg. supporting interest groups, ALP and penalty rates)
- use the enterprise as agent for implementing industrial relations policy
- use the enterprise as agent for implementing economic policy
- necessary capital funds may not be provided
Implementing Corporatisation - Competitive neutrality (gov sponsorship and accountability)
- GS: will be hidden subsidy in borrowing costs/conditions due to direct or implied gov guarantee
- AC: flow of information from gov enterprise not subject to Corps Law standards
Mechanisms to provide financial neutrality
- Performance targets (based on commercial benchmarks)
- Capital structures (similar to comm. enterprise, however no SHs - problem)
- Rates of return (10 yr Comm bond rate plus risk margin)
- Dividends (negotiated with gov, gov prefers div to cap.app)
- Tax equivalents (should be similar to private enterprise tax regime - difficult due to tax minimisation practices)
- Debt guarantee fees
- Community Service obligations
Privatisation
“Transfer of the ownership of a service and its associated infrastructure from gov to private sector” -trade sale or public float
-eg. Telstra, Qantas, CBA
What are the key characteristics required and the methods for achieving privatisation?
- Economic size, provision, ability to meet operating costs (as per corporatisation)
- IPO, trade sale (sale of public assets to private owners), contracting out services
Arguments FOR corporatisation
- Competitive environments and capital market discipline increase efficiency of State owned enterprise
- Proceeds could reduce budget deficit, Gov debt, and the burden of interest costs as a result of reduction in debt
- Proceeds could be used to finance necessary infra structure
Arguments AGAINST privatisation
- Private ownership does no necessarily translate into improved efficiency
- Essential services may be unavailable and unaffordable to large segments of population
Role of the Regulator General
- Authority to approve price increases in nominated industries (essential services such as electricity, water, gas, rail etc)
- Privatisation of certain services must be approved by Reg. Gen
Two techniques used by the Regulator General for setting price increases
- Cost of service price setting
- Rate of return regulation: (firms costs are reviewed and unnecessary costs are eliminated, rate of return judged to be fair for the firm is specified, prices and their structure are set to generate enough revenue to cover costs and provide fair rate of return) - key property is that profit level is limited (eliminate monopoly behaviour)