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Australia’s frozen Financial Markets Defrost: Interest Rates to Rise Soon?

posted by David Collyer on Tuesday, September 8th 2009

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Boy, are we ever ‘The Lucky Country’.  Rudd and Swan followed the IMF, Reserve Bank and Australian Treasury advice to pour stimulus into the mouths of consumers.  With a few hiccoughs and burps, we swallowed the cream and the economy responded.

Fortunately, RBA Governor Glenn Stevens kept his head and resisted the world-wide rush to nil interest rates, leaving ours at over 3 per cent while our peers headed for zero.

Why does this matter?

Like a good chess player, Stevens looks several moves ahead.  The RBA knows rates must eventually return to long term averages. A more normal but still low six per cent requires a doubling of the interest rate settings. Ouch!

But consider moving from 0.25 per cent to six per cent.  They must double to 0.5 per cent, double again to one, again to two, again to four and finally rise another 50 percent to six.

At each of those giant steps, more families and businesses in zero rate countries will be consigned to oblivion.  They have a lot of pain ahead of them, and the longer these ultra-low ‘accommodative’ rates apply, the more difficulty their reversal will impose.

And before the conservative L/NP coalition claims credit for these fortunate policy settings, I remind all that these nasty stinkers gave the richest Australians deep tax cuts –THREE TIMES!  They repeatedly eased the taxes from the broadest shoulders, not from the strugglers. Not one bit! Never! Never! Never!

Risks remain.  We could easily be derailed from our rosy path by a widely-predicted collapse in residential real estate prices.  Aussie house prices are stuck at a punishing six to seven times earnings, a heroic undertaking for anyone signing a 30 year contract today. House prices in US, Britain, Ireland, Canada and New Zealand hit these multiples and recoiled.  Not Australia.

Only time will reveal if our economic leaders can engineer an economic soft landing for real estate. Failure here will cause untold hardship.

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Australia Has Copyright Laws – Flouting them Deters Innovation and Creativity.

posted by Scott Kane on Monday, September 7th 2009

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The Intellectual Property Problem

affects just about every small business in Australia today, particularly if you have a website.  The goodwill in your business is a form of intellectual property too.

It’s a matter ignored by politics and poorly understood in the community.   It is also a highly emotive issue, both for and against.

But it is an issue Australia can ignore no longer.

This is not going to go away and involves crimes that touches  each and every one of us.

To avoid the inevitable and irrelevant discussion on the nature of the crime, let me make this  perfectly clear.

Every country in the Berne Copyright Convention – and yes, Australia is a signatory – has copyright laws.  While these laws vary slightly,  they are consistent in respecting creativity and innovation.  Generally, using works – including everything in the digital domain – without the permission of the owner:

1.  Is a criminal offence.

2.  Infringes or violates the rights of the owner or creator of the work.

3. Can lead to  jail or large fines or both.

4. Allows the holder of the work at their option to seek damages using civil law for loss or hardship, and to institute criminal proceedings.

So, the law internationally sees it consistently as a violation or infringement of rights if any person uses or takes items so covered without permission of the copyright owner.  This includes: books, movies, music and software, poetry, photographs, images, data in some instances, substantial text, paintings, sculpture, pottery and so on.

Copyright in Australia requires no registration and exists from the moment of “creation” of the work.  This is regardless of whether a copyright notice is placed, claimed or referred to and regardless of whether or not the © symbol is used or displayed, unless the owner specifically states in writing that such rights are waived.

For the lovers of semantics the reference to “substantial text” can be applied to any body of work, regardless of it’s perceived quality.

Glib comments disparaging the quality of a work and concluding therefore it has no protection under copyright are merely childish.

A sentence is not copyright – though it may be covered by Trademark – whereas an article such as this is automatically extended copyright cover.

Organized Crime

Iincreasingly, individuals illegally downloading content with file sharing tools like Limewire, Kazaa and torrent tools like Azureas are being detected and prosecuted in the United States, the United Kingdom and Germany.  It is only a matter of time before prosecutions become more common in Australia.  The stakes (and the losses) are too big for companies and individuals producing intellectual property to ignore.

An ironic benefit, to the average person, from this enforcement is that by not using tools such as these they limit their exposure to viruses, trojans and malware which literally fill the services that offer cracks, keygens, serial numbers (often written serialz) and circumvention of DRM – Digital Rights Management, all of which aid in the copyright circumvention of owned music, video and software.

It is not illegal to have these downloading tools on your computer.  They do in fact have legal and valid uses.

But it becomes illegal when they are used to access items without the permission of the copyright holder.

That many of the circumvention tools – cracks, keygens etc – are created by organized crime groups such as the Russian Business Network or RBN is also significant.

The Arguments Against Intellectual Property Protection

Objections to copyright protection seem to be most strongly voiced by those who hold no creative works.  Whereas those who do and are affected are among the most passionate supporters of copyright law.

Most arguments against IP revolve around semantics.  Every time the topic is discussed, it seems, its critics throw out:

1. “It’s not theft because nothing tangible is stolen”.

2. “It’s not piracy, piracy means rape and plunder at sea”.

3. “Software is different to music and films”

4. “The statistics for IP infringement are wrong, I do not accept them.”

On the last point they generally refuse to produce any evidence to back up their dismissal of evidence.  Then they move to announcing they’ve “won the argument” by resorting to their first point.  This is circuitous logic.  It becomes infantile to debate this when they insist on using these arguments  – which is entirely the point of them using them.

The first three points are entirely irrelevant.  It’s the act that is illegal and remains illegal no matter how desperately one tries to align it to other crimes – comparing apples to oranges is simply futile.

With point four – software is no different to music, movies, books or art.  It meets the requirements of the Berne Convention and the individual laws of countries that apply it – such as Australia.

To argue about a magical perceived “difference” is to divert the argument – a rather common technique employed by people on shaky  legal ground.  This argument does not hold up in a court of law.

The simplest argument for justifying the protections of  Copyright Law, for which one never receives a reply (with the possible exception of those who burst into expletives in rage) is -

“As soon as you and everybody else goes to work for free, and that doesn’t include a government pension, and manage to eat, pay for a roof over your head and care for your family I’ll consider the possibility of doing the same.”

This infuriates opponents as they are being asked to do exactly what they demand of those who make a living through the creation of intellectual property.

In other words “putting their money where their mouth is” or “eating their own dog food”.

Those who claim “Intellectual Property wants to be free” are operating under a severe deficit.  They don’t really believe this though.  It’s merely a way to  express a socialist doctrine: that the creative process should not be a business endeavor.   An inverted piece of socialism that borders on anarchy.

The Need For Intellectual Property Protection

It doesn’t matter whether you’re creating paintings, pottery, books, magazines, movies, music or software, individuals  need strong and  enforced copyright laws and in specific instances patent protection.

Without those laws and their committed enforcement no one can make a living on the Internet – the commerce channel of now and the future.

In practice, our legal system is soft on intellectual property prosecution.  It does not always recognise the extent of the problem of intellectual property violation online.

In order for these protections to work, our court system must enforce the law and its reparations.

If the court system treats it lightly the community will too.  If a crime is free of consequences, then the seriousness of the crime is diminished.

Simply put there is no data these thieves are prepared to accept.  Not past, present or future.    Copyright holders, small businesses and large cannot have a reasonable, logical discussion with them while the antagonists of copyright law engage in this stupidity.

But make no mistake here.  They do not give a flying fig for you, your family or small business – including your children and your children’s children should they choose to earn an honest living through the creation of intellectual property.

A Concern For All Australians

Copyright protection affects us all, whoever produces the material.

We are entering an era where the internet plays an enormous role in the economy, much bigger than now.

Unless the work of those who make the things we use are properly rewarded, the collective possibilities of the internet will be permanently diminished.

Small business and individuals – too small to influence government and the opponents of copyright laws – who do not have recourse to a legal system to ensure their right to earn a living will have to seek employment in other fields.

That means the end of new music, videos, art, software and books.

Creators do have to eat.

Current Penalties

For readers who do not appreciate that stealing creativity is a crime, below I have reproduced two extracts from Copyright Australia as a brief introduction and by way of conclusion to this article.  I have merely scratched the surface of this matter.  It is deep, complex and worthy of further consideration.

The extracts below link to further documents.  I highly recommend you read them.

Note that in at least one instance an Australian citizen was extradited to the United States for copyright infringement.

“Penalties vary, and depend on whether it is an individual or a corporation that is convicted. For some indictable
offences, an individual who is guilty may be fined up to $93,500 or imprisoned for up to 5 years, or both. For
importation of material that infringes copyright, fines of up to $71,500 and/or imprisonment for 5 years may be
imposed on an individual. Penalties can be much higher where the infringement involves the digitisation of
copyright material from hardcopy (for example, from cassette to CD or from video to DVD). An individual who is
found guilty of a summary offence may be fined up to $13,200 or imprisoned for up to 2 years or both.
A corporation may be fined up to 5 times the amount of a maximum fine.
Where an individual is convicted of a strict liability offence, the maximum penalty is $6,600. However, where police
issue an infringement notice, the maximum amount of the penalty for an individual is $1,320. In some cases, the
offender must have already forfeited infringing copies and illegal devices to the Commonwealth. Some of the
benefits of the infringement notice scheme include that, so long as the infringement notice is not withdrawn and
the offender complies with the other requirements of the scheme, the offender is not taken to have admitted
guilt, nor to have been convicted of the offence, and no prosecution can be brought in relation to it.
Where a matter goes to court, courts can order that circumvention devices, infringing copies, and devices and
equipment used to infringe, be destroyed, or handed over to relevant copyright owners, or otherwise dealt with.
Again, for acts that took place before 1 January 2007, you will need to refer to the provisions of the Copyright Act
that applied before that date.”

“Circumventing technological protection measures
“Technological protection measures” (TPMs) are technological mechanisms used by copyright owners to prevent or
inhibit either or both:
• unauthorised access to copyright content (access-control TPMs); and
• unauthorised use of copyright content (copy-control TPMs).
The Copyright Act includes sanctions against manufacturing, importing and supplying devices and providing services
to circumvent copy-control TPMs. There are also sanctions against:
• circumventing an access-control TPM;
• manufacturing, importing, or supplying a device to circumvent an access-control TPM; and
• providing a service to circumvent an access-control TPM.
Sometimes a copyright owner can take court action against people who do these things, and sometimes this
conduct is a criminal offence where action is taken on behalf of a State or Territory, or for the Commonwealth. The
sanctions implement Australia’s obligations under the AUSFTA, which requires more extensive protection for TPMs
than was provided in Australia before 1 January 2007.
There are limited circumstances in which a circumvention device may be legally manufactured, imported or
supplied, or in which a circumvention service may be provided. These circumstances are much more limited now than
they were pre-2007. The new provisions also allow a person to circumvent an access-control TPM to get access to
copyright content in certain situations. Some of these situations are set out in the Copyright Act; others are in
Regulations to the Copyright Act. However, there are no provisions that allow the importation or supply of
circumvention devices, or the supply of circumvention services, in relation to access-control TPMs.
Remedies and penalties relating to circumvention devices and services are mostly the same as for copyright
infringement.“

“Altering or removing electronic rights management information
Copyright owners sometimes place “electronic rights management information” (ERMI) within digital copies of
their material so they can identify, and in some cases track, their material.
In some situations, copyright owners can take action against people who remove or alter ERMI from the copyright
owner’s copyright material without permission if this would enable or conceal a copyright infringement. In some
cases, removing or altering ERMI is a criminal offence. Copyright owners may also in some cases take action
against people who distribute, import or communicate to the public copyright material from which ERMI has been
removed or altered. Distributing, importing or communicating to the public this kind of material may also be a
criminal offence.
Remedies and penalties for these actions and offences are mostly the same as for copyright infringement.”

Scott Kane

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Socialism or Economic Engineering? Australian Banking Needs a Fifth Pillar.

posted by David Collyer on Friday, September 4th 2009

Australia doesn’t have enough banks.  The big four banks hold 92 per cent of the market and have grown lazy, fat and flabby – charging high fees and taking wide margins (the difference between loan interest rates and deposit rates).

They do this because they can; they can because customers have nowhere else to go.

With only four players, all can compete by advertising and not on price.  In economic language, they are oligarchs operating a cartel.  There is no collusion – they don’t need to – they simply signal to each other with market announcements.

What are our sisters doing?

Across the Tasman Sea, New Zealand has created a government owned bank called Kiwibank.  It is tearing market share off the majors, all subsidiaries of the same four Aussie banks, by offering good deposit interest rates and cheap mortgages.

In Canada, the government has long refused mergers between its five major banks on competition grounds.  This makes them work for their money and provides Canadian citizens genuine alternatives.

It would be easy to create a bank on the distribution capacity of Australia Post, perhaps merged with a regional bank to kick-start the process.  It could begin with a simple set of deposit and loan products.   And where it did compete on price, exactly how fond we are of our oligarch banks would be quickly revealed.

If that sounds rather too Socialist, the government could undertake to float the new bank on the Australian Stock Exchange once it is established and stable, while announcing a new ‘five pillar’ no-merger policy.

Look upon it as economic engineering, an opportunity to re-introduce a genuinely competitive financial market in Australia.

A fifth major Australian bank.  I’d like to see that!

The author holds ANZ shares.

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Australia’s NBN will be aerial, not wireless; cheap not secure. Feed Senator Conroy to the Possums!

posted by David Collyer on Tuesday, August 25th 2009

tangled electric wiresAustralia desperately needs the new National Broadband Network.  Our business and social communications labor under two impediments: the tyranny of distance and lousy internet speeds.  Lousy!

The cost of the NBN is staggering – $43 billion and rising; the cost of not installing it promises to be higher.  Our ability to play a meaningful role in world affairs utterly depends on the quality of our communications network.

Minister for Communications senator Conroy has found a way to cut the capital outlay:  aerial cabling.

That’s right.  Slung underneath the minimum five wires of three phase power and Foxtel’s cable that pass every house in built-up areas, will be our broadband connection.

So every street tree will have to be pruned even harder (remember the tree vandalism when the Foxtel cables went up).  With our big houses, small blocks and extensive paving, street trees are usually the most important shading and cooling feature we have available.

The US Defense Department designed the internet’s decentralized network to survive a nuclear war.  Your connection will be at the mercy of possums, tree branches, bushfires and passing trucks. This vital service will not be reliable enough.

And (Ahem!) extra aerial cabling will lower property values by reducing the amenity and aesthetics of your street.

Conroy thinks this is progress.  He is protecting the nation from wasteful spending.

Think again, senator Conroy.

We don’t have to dig trenches everywhere. There has been significant advances in laser-guided horizontal boring – you will have seen the equipment on the streets –that minimize disruption and are LOW COST.

We could underground all the electric wires at the same time.   I’d like to see that!

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The Great Green Grab – The Housing Bubble Bust – Gobbling Small Business Resources.

posted by Scott Kane on Monday, August 10th 2009

bubbleburst Victoria – Australia – has some pressing issues to attend to.  There’s a property bubble threatening to burst.  It’s not a sure thing, but it is likely.

While the Australian Greens continue to irrelevantly spout the dogma that we are all responsible for the sad plight of the environment,  the truth is we can’t continue ignoring the fact that the current system of property tax is broken and needs urgent, stimulating repair.

While we watch State and Federal Labor fiddle  around the margins of this system,  their party founders would dry retch if they only knew.

While the  Liberal Party flounder with nothing new, nothing original and nothing of  value to address it.  For Victoria’s Liberal Party the most pressing issue seems to be whether or not a National Party member will lead them at the next election.

Are we to look forward to Joe Bjelke Peterson-style quotes from Spring St in the future?  Telling us the “Writing is on the blackboard in big black letters” or “I didn’t know what was in the paper bag until I took it to the bank?”

Strike a light!!!

We have some serious issues to deal with.  We need a new approach.  Housing is useless to us if:

  1. You can’t afford to live in it due to it being sold at more than it’s real world value + interest.
  2. You get stuck with mortgage payments on property whose price is in free-fall.

Today the IMF announced for Australia’s general edification:

“Property bubble fears grow as IMF says houses overvalued

Australian house prices are overvalued by around 20 percent and the size of the average mortgage has reached an all time high, fuelling fears of a property bubble.

The problem is being exacerbated by a growing gap between household incomes and house prices, the IMF said.

The Reserve Bank of Australia recently flagged its concerns that a combination of easy credit, low interest rates and lack of supply could create a property bubble which could burst in the longer term, causing a collapse in house prices.

A collapse in house prices would be a disaster for most Victorians, nay, all Australians.  Our prosperity is pinned to the housing sector.  In the near term the consequences are far worse than climate change or drought simply because the effect is immediate and will impact all levels of society.  Arguably the price of property is out of step with the real value of housing and land, arguably we need a “correction”.  But the correction will be painful for all.

For small business and their employees – the backbone of this nation – it could easily be an economic disaster.

We have a system that rewards people for sitting on great globs of land and doing nothing with it.  We have a system that makes pensioners asset rich and cash poor.  Where is the value in holding land worth a million or more if you must dine on baked beans or dog food and just can’t afford to sell?

We are collectively running around hitting our own heads with a Green hammer.  The Rudd government has a climate bill up for the Senate.  If the Greens block it – and all indications are they will – we face a double dissolution.  While the country faces a housing sector economic tsunami the Australian Greens are going to hold the country hostage out of muddle headed bloody mindedness!

The legislation wont go far enough.  So they will block it.

Just how far is far enough?  Why, just one step more than you dare take. No!  One step more than that.

Oh – to hell with impact on Australia!!  We’re the Australian Greens!  We run with careless abandon through the flowery forest  of Reckless Abandon.  Ask not what you can do for your country, but what you can do for the gnomes and elves that live under the ecologically unique fungus!”

As Australians we need a better system for managing housing, land tax and housing equity.  Our “Lucky Country” is rapidly becoming “Blue Print USA”.

Scott Kane

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Victorian & Australian Small Business – All The Risks, No Security, No Respect But Truckloads of Government Red Tape

posted by Scott Kane on Wednesday, August 5th 2009

Brumby Red Tape Business Risk The Brumby Labor Government has been spending big on advertising to put a positive spin on their failed and stupid water policies.

  • A desalination plant in the beautiful Powllet River region ( my favourite fishing and camping spot, along with thousands of other Victorians).
  • Pipelines from the North to the South to carry water that doesn’t exist.

It goes on and on.  Millions of dollars spent for a variety of portfolios including the name – must have been selected in jest -  “Department of Sustainability and Environment.”

But calls to assist the real economy, the small business sector…

Nothing.

It’s a disgrace when suburban and regional small businesses are baring the brunt of recession.  Semantics aside, the depth of the recession is irrelevant.  The reality is while small businesses risk bankruptcy, Brumby and his herd of feral ne’er-do-well ministers are busy looking for photo opportunities under gum trees and explaining why the people of the Goulburn Valley don’t need to drink as much as people in Melbourne – where the votes are – and all this is by accident?

The Liberal Party is too busy climbing into bed, donning gaudy political mascara,  lipstick and rouge – again – in order to become corporation tarts for the likes of Phillip Morris ( who are drug dealers by any definition) to ensure the next round of corporate electoral campaign funding falls to them.

The Greens are, well…

They’re being the Greens.  They’ve  nothing to say on “small business”.  I’ve come to the conclusion Senator Bob Brown must have told them, in some fuzzy furry animal-in-the-forest bed time story, that anything with the word “business” in it was dirty, nasty and sleazy.  Because they cringe when it’s mentioned and never say it in public.  Say the word “businesses” around  Greens and you’re basically threatening their fantasy of the world moving to a time where we all frolic in the fields with the unicorns and elves; food magically grows on trees and we all live happily in mud brick round houses and bark humpies.

I mean – what else are we to think?

Small Business Takes The Risks – Big Business Pockets The Dollars

Small business entrepreneurs large and small abound.  Victoria has a rich history, present, and one hopes, future in small business.  Some of the best known Victorian small businesses became “big businesses”.  Companies such as Ansett, Myers and many more.  But they couldn’t do it now because our Brumby government dances for different masters: Corporations.

While regulation has been piled on by both Federal and State governments – have you read the Tax Act? – nothing constructive has been done at all for small business expansion.  For small business survival.

Instead we’ve got expensive, repetitive propaganda campaigns about Labour’s “success” on water and environment that fools nobody – except out of touch politicians.

The conservatives have criticised Labor for their advertising, but they haven’t named it for what it is – largesse.  That’s because they’d do exactly the same.    Oh – the policy may be structurally different, but the beneficiary remains the incumbent.

It’s Merry Christmas, Happy Birthday and I’ll Help Myself all in one neat, prettily wrapped, tax payer funded, advertising – love in.

It’s quite common when discussing this issue to breezily dismiss small business concerns with “business shouldn’t get a handout”.  But we’re not talking about “handouts”.  We’re talking about decent infrastructure and a level playing field.

Differential Pricing And Credit

The bigger you are the better the price.  Not because you buy more, not all corporations buy more of what they get cheaper, but because they are so darn big.  They are so big they insist the supplier offer it to them at a cheaper rate.  This practice compresses small business margins before they even open the door!

Banks have tightened their credit scores.  That sounds nice, it sounds economically rational. But small businesses have to use the family home as equity.

Need more finance – “Oh, we’ve already got your house, what else have you got?”

No more assets = no more credit = no further equity and you’re out of business.  Your employees are out of a job, your suppliers are out a customer, the rest of the community is out of another service.

Small businesses take all the risk.  Their value to the community is essential, they provide all the variable supply and demand big business or corporations never pay attention to.

Essential!

Complex government reporting requirements are easy for corporations with their army of accountants and clerks.  But for the small business person of Victoria it’s a major headache, unproductive, unnecessary nonsense that justifies bureaucracy.   And this  migraine carries criminal consequences  if they fail to dot every  “i” and cross every “t”.

Then there’s the  cost of dealing with local and state government rules and laws on environmental issues that are virtually flaunted by corporations.

The Australian Greens will roast you for daring to complain, but are ineffective and relatively silent on corporations who don’t comply.

Why is this?

If your name is “Gunn” you can probably find a friendly cabinet minister to take you under his wing and concede the environment loves being pulped and bleached.  If you’re a small businesses person – good luck with finding a cabinet minister, let alone a “wing”!

We’ve seen what corporations do to small business.  The loss of independent petrol stations, the annihilation of the independent supermarket.  Right now we can see both of these face the double whammy of the enormous Coles and Woolworths corporations doing their best to run an economic pogrom against both independent petrol stations and general food retailers simultaneously!

Where are the corner butcher shops, Deli’s, milk bars and super markets all run by small business Victorians?  There are still a few holdouts left – but most have gone.  I began my career in the supermarket industry in management and information technology.  Victoria was known in Australia as the “supermarket state” because of our wealth of independently run supermarkets.

They are all but gone now.

Economy sucking oligarchies slurp unwarranted margins simply because they control the supply chain.  Whether we are talking about manufactured goods or fresh produce.  Indeed the “deal” given to our rural small business men and women – the farmers – is a sick joke.  They pay these hard working Australian’s mere cents for the fruit of their labour, frequently produce created on credit that must be repaid to banks, and then mark them up to the consumer in their oligarchial stores  often by hundreds of percent!  Ripping off the farmer, the small business and the consumer.

We are supposed to accept this, nay, thank them in appreciation!  It’s a disgrace when we consider they are supported in their efforts by the very people paying lip service to the voter.  To the small business people placing their necks on the platform of Australia’s economic future only to discover it’s an economic guillotine, and then to be decapitated by:

  1. Red Tape
  2. Corporate Funding of Political Parties to buy representation they are not entitled to under our constitution.
  3. Greens running around local councils introducing by-laws that support their mythical position on the environment and their terror of the word “business”.
  4. Early 20th Century transport infrastructure that fails to get their employees from home to work and back again, while corporations seek bailouts for their economic bad management, enabling them to consider whether or not they should lay off a few more workers.  Hello GMH!!

We have a state election coming in Victoria.  We can’t afford to allow this joke at our expense to continue.  Victorian Labor blames the Victorian Liberals for their time in office.  The Liberals blame Labor.

The Greens – they’re not present in debates on small or large business unless it relates to a position on the environment – at which point they pontificate pointlessly for several hours before voting “No”.

I’m tired of the Labor, Liberal and Greens poking holes in the air about nothing,  posing for photo opportunities in front of gum trees, lining the pockets of corporations in return for huge corporate electoral campaign funding and pandering to a minority of inner city environmentalists.

Small Business deserves better.

Scott Kane