JD Supra Australia

JD Supra
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Latest documents

  • Greenwashing, Digital Advertising & Platform Issues, Financial Services & Consumer Guarantees: What the ACCC's 2022/23 Priorities Mean for Your Business

    The Australian Competition and Consumer Commission (ACCC) has just published its compliance and enforcement priorities for FY 2022/23. For the first time, the ACCC has aligned its annual priorities to the financial year. It promises to be a significant year with the ACCC's leadership changing, with the baton soon to be passed from the outgoing Chair, Rod Sims (who has been at the ACCC's helm for over a decade), to the incoming and first female Chair, Gina Cass-Gottlieb, in late March 2022. To help businesses digest the implication of the ACCC's priorities quickly and efficiently in this unique paradigm, we have prepared a one page summary that highlights the ACCC's most pressing consumer and competition law priorities and key 'to do's' for businesses. The ACCC also continues to focus on enduring issues including cartel enforcement.  Please see full Summary below for more information.

  • Vaccine Requirements – Australia

    Australia has a high uptake of vaccination to COVID-19, partly due to enforceable public health orders at State level which require classes of workers to be vaccinated if they are to work outside of their home. As at the date of writing, the position is summarised below. Commonwealth - The Federal Government has not mandated vaccination but has endorsed state mandates for vaccination of workers in aged care settings. Please see full Chapter below for more information.

  • Foreign Investment in Australia: what you need to know

    What you need to know Under Australia’s foreign investment regime, certain types of investments by foreign private investors or foreign government investors need to be notified to, and reviewed and a statement of no objection is issued by the Australian Treasurer (“Treasurer”). This process is referred to as “obtaining FIRB approval”. The Foreign Investment Review Board (“FIRB”) reviews foreign investment proposals on a case by -case basis and advises the Treasurer on the national interest implications of the proposed transaction. The decision to grant or refuse FIRB approval is made by the Treasurer. Please see Publication below for more information.

  • Australia's Pathway to a Hydrogen Energy Future: Hydrogen Projects Update 2022

    There has been significant progress in the Commonwealth and State Governments’ plans to develop a hydrogen industry in Australia since our original Australian Hydrogen Projects Paper that was published in 2020. Alongside and in collaboration with domestic and foreign developers, investors and energy buyers, the Commonwealth and State Governments have continued to support the development of existing and new hydrogen-focused research programs and project plans across Australia throughout 2021. We have summarised these developments and changes in this latest 2022 version of our Australian Hydrogen Projects Paper. Please see full publication below for more information.

  • Changes to the Franchising Code Now Apply

    On 1 June 2021, the Australian Government released amendments to the Franchising Code of Conduct and a number of these have already begun to apply. A summary of when various key changes take effect is set out below.

  • A Novel Duty of Care? Recent Developments in Australian and International Climate Change Law

    In the past month, a number of landmark developments have occurred in climate change law in Australia and overseas, which have the potential to materially impact emissions intensive corporations and projects. These reflect the ongoing willingness of courts to intervene and regulate carbon dioxide emissions based on actions founded in tort and negligence.

  • Australian Financial Services Regulatory Update - May 2021

    This edition of the Update covers: 1. Recent legal and regulatory developments, including the release of ASIC's immunity policy for market misconduct offences, a FATF consultation on proliferation of financial risk and digital currency, and ASIC and APRA's focus on the management of cyber risk and climate risk; 2. A recent decision of the Full Court of the Federal Court of Australia upholding an order compelling compliance with a s 33 notice by an authorised representative of an AFS licensee; 3. The continuing fallout of the Financial Services Royal Commission and the recent cases demonstrating ASIC and APRA's continuing commitment to enforcement action in relation to matters referred by the Commissioner; and 4.Other regulatory enforcement action, including the Federal Court finding that the Mayfair 101 Group made misleading or deceptive statements in its advertisements and the imposition of AFS licence conditions on a retail OTC derivatives issuer.

  • ASIC signals its approach on new breach reporting obligations

    New breach reporting obligations for Australian financial services and credit licensees come into effect on 1 October 2021. This post considers ASIC’s draft guidance on some of the key features of these reporting obligations.

  • Duty of care to consider climate change impacts on children: The Sharma case

    The Federal Court of Australia has found that the Commonwealth Minister for the Environment has a duty of care to children when deciding whether to approve a project under the EPBC Act that would facilitate carbon emissions.

  • Après Ski: Two Rules for NSW Environmental Prosecutions after the Charlotte Pass Snow Resort Case

    Just days from the NSW ski season opening, the NSW Land and Environment Court (Court) has delivered its second decision in relation to the ongoing prosecution of Charlotte Pass Snow Resort Pty Ltd (Ski Resort) by the Environment Protection Authority (EPA).

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