Regulatory and compliance

ASIC commences first greenwashing proceedings

In a sign of things to come, the Australian Securities and Investments Commission (ASIC) has commenced its first proceedings in respect of alleged greenwashing conduct.

Privacy Act reform | significant changes now in effect

The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Bill) has recently been passed by both houses of Parliament and is now awaiting royal assent.

Rights and obligations of parties in a franchise

The ACCC has published guidance to help franchise parties navigate the operational and financial challenges posed by the COVID-19 pandemic.

ACCC announces enforcement priorities for 2019

At his annual CEDA address on 26 February 2019, ACCC Chair Rod Sims launched the 2019 Compliance and Enforcement Policy announcing the ACCC's key focus areas for the year.

Massive Fines for European Privacy Breaches

You may have read about the UK Information Commissioner's Office (ICO) proposal to fine British Airways £183.39M (AU$320M) for infringements of the European General Data Protection Regulation (GDPR).

Risk management program PSO switched on

The risk management program positive security obligation (PSO) under Part 2A of the SOCI Act was recently 'switched on', leading to new obligations for responsible entities of 13 asset classes.

ACCC compliance and enforcement priorities 2023-24

In its 2023-24 compliance and enforcement priorities, the ACCC is placing an increased focus on areas that have been acutely impacted by the current pressures to the Australian economy, consumers and business.

ACCC commences action against Meta for publishing scam crypto advertisements

Facebook owner Meta Platforms Inc and Meta Platforms Ireland Limited (together, Meta) again face regulatory scrutiny for allegedly contravening Australian laws.

Enhanced unfair contract term obligations imminent

Australia's enhanced 'unfair contract terms' laws come into effect on 9 November 2023, covering a broader class of existing and future contractual arrangements than ever before. The reforms have important implications for organisations of all sizes, and include significant civil penalties for non-compliance.

Enhanced government powers enacted to protect critical infrastructure

In December 2021, the Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) came into effect. This amending Act provides the Australian Government with 'last resort' powers to respond to a serious cyber security incident relating to critical infrastructure assets in critical infrastructure sectors.

The rise and demise of zombie agreements

Pre-reform workplace agreements (or 'zombie' agreements as they are otherwise known) are a relic of a time long since passed. A zombie agreement is an industrial instrument between an employer and its employees entered into before the commencement of the Fair Work Act 2009 (Cth) (Fair Work Act).

What can Boards do to avoid regulatory action for alleged cyber security failures?

A robust cyber security framework is critical for any Australian Financial Services licence (AFSL) holder and their individual or corporate authorised representatives (ARs).

Need a lift? ACCC carpooling manufacturers to court (and there are plenty of spare seats)

In November 2021, the Federal Court found Mazda made 49 false or misleading representations to nine customers who had experienced significant faults with their recently purchased Mazda vehicles.

New mandatory wording requirements for warranties against defects

Businesses that supply customers with services (or goods and services together) that come with warranties against defects need to be aware of the recent amendments to the Competition and Consumer Regulations 2010 (Cth). From 9 June 2019, these businesses must include mandatory wording in their warranty documents.

Have you checked your "socials"? Social media in the mix as ASIC issues infringement notice for greenwashing

Demonstrating its continued focus on greenwashing, ASIC has issued an infringement notice a superannuation fund alleging it engaged in greenwashing practices.

Current mandatory breach reporting requirements in practice

On 1 October 2021, amendments to the Corporations Act 2001 and National Consumer Credit Protection Act 2009, made in response to the Final Report from the Banking and Finance Royal Commission, came into effect.

New Meetings and Documents Act rules welcomed by businesses

In a step that goes a long way to modernising meetings for companies and registered schemes, the Commonwealth Parliament has passed the Corporations Amendment (Meetings and Documents) Act 2022 (Cth) (Meetings and Documents Act) to enable hybrid and virtual meetings and the sending of meeting-related documents electronically.

High Court delivers a win to credit managers on unfair preference claims

The High Court of Australia has provided some useful guidance that will assist credit managers in navigating their roles and in dealing with liquidators demanding repayment of alleged unfair preferences.

Retailers beware - ban on excessive card payment surcharges

From 1 September 2017, a ban on excessive card payment surcharges will apply to all Australian businesses. The ban has applied to large businesses since 1 September 2016, but will now extend to all other businesses that are based in Australia or use an Australian bank. In this article we outline what is meant by excessive payment surcharges and how this new ban will be enforced.

The consumer data right regime is here - what do you need to know?

In an effort to improve consumers’ ability to compare and switch between products and services, and to drive competitiveness and innovation between service providers, a new consumer data right (CDR) has been introduced.

Artificial intelligence regulation under the watchful eye of Digital Platform Regulators' Forum

The Digital Platform Regulators' Forum has prepared a joint submission to government acknowledging the potential for artificial intelligence to enhance Australia's digital economy but also to compromise consumer protection, competition, privacy and online safety, as well as the work of Australia's regulatory bodies.

Cyber security: Protecting critical infrastructure

It is estimated that one quarter of all reported cyber security incidents affect organisations associated with Australia's critical infrastructure – that is, things like electricity, gas, water and ports – with significant impacts to businesses and the community.

Privacy Act in review

After two years of extensive consideration and consultation, the Commonwealth Attorney-General's Department released its much-anticipated report on the Privacy Act 1988 (Cth), published 16 February 2023.

Legal innovator and strategist Sarah Fregon joins Lander & Rogers partnership

Lander & Rogers this week announced appointment of respected industry figure Sarah Fregon to support the firm's growth into the public sector.

Victoria health services: Key changes to the governance of quality and safety

On 1 March 2022 the Health Legislation Amendment (Quality and Safety) Act 2022 (Vic) received royal assent.

Victorian landowner obligations overhauled in new environmental legislation

Effective from 1 July 2021, businesses that operate in Victoria will be subject to tougher environmental standards under the state's new Environment Protection Amendment Act (2018) (EPAA).

Modern slavery statements: Best practice, risk assessment and your questions answered

The Australian government requires certain entities to publish annual statements on a public online register, setting out the risk of modern slavery they have identified in their supply chain and operations.

Cyber security: The cost of the human factor

The rate of technology adoption in business continues to grow. With more of our systems and information online than ever before, it would be reasonable to assume that there's an exponentially higher risk of cyber attack.

Scene set for the Aged Care Quality and Safety Royal Commission - How to be prepared

On 9 October 2018, Prime Minister Scott Morrison, Minister for Health, Greg Hunt, and Minister for Senior Australians and Aged Care, Ken Wyatt, confirmed that the Royal Commission into Aged Care Quality and Safety has been formally established by the Governor General.

Data strategy and directors' duties: key considerations for boards

While there is growing appreciation of the need to consider privacy and the risks associated with collecting and using personal information, data strategies often fail to consider an organisation's broader legal obligations, which play a vital role in effective data strategy design and execution.

ACCC's first half of 2019 in review

It has been a busy year so far for the ACCC, with a large number of proceedings filed, merger clearance decisions made, and judgments handed down by the Court on competition and consumer law actions.

Directors facing personal liability for company GST liabilities; a summary of proposed reforms to Corporations and Tax Laws

As part of its 2018-19 Budget, the Federal Government proposes to battle illegal phoenix activity through reforms to the corporations and tax laws. Part of the Government's proposals may also improve its collection of companies' GST liabilities via directors potentially becoming personally liable to pay their companies' GST liabilities.

Lander & Rogers advises venture capital firm AirTree in funding leading ESG platform

Lander & Rogers has advised venture capital firm AirTree Ventures in a AUD6.3m series A capital raise to fund leading-edge ESG software-as-a-service platform FairSupply.

Booktopia fined $6 million for misleading consumer guarantees

On 10 March 2023, the Federal Court ordered Australian online book retailer Booktopia to pay $6 million in penalties for making false or misleading representations on its website and in dealings with customers about consumer guarantees, in breach of the Australian Consumer Law.

Google fined $60 million for misleading data practices

The Federal Court has ordered Google to pay $60 million in penalties for making misleading representations to consumers about the collection and use of their personal location data on Android phones.

TerraLex Cross-Border Copyright Guide 2019

Intellectual Property and Technology Partner Robert Neely and Corporate Lawyer Edward Lyons wrote the Australian section of the 2019 edition of the TerraLex Cross-border Copyright Guide. TerraLex is one of the top elite global networks of independent law firms, of which Lander & Rogers is the exclusive member for Australia. The network comprises 155 leading law firms employing more than 19,000 lawyers in 100 countries. In addition to information about Australia's copyright laws, this section outlines areas of copyright reform including: the expansion of flexible exceptions to copyright infringement, exceptions to be protected from 'contracting out', and reform to the access of works where the copyright owner cannot be identified or located.

Update: SafeWork NSW introduces code of practice on managing psychosocial risks at work

SafeWork NSW recently introduced a code of practice on managing psychosocial hazards at work, the first such health and safety code of practice in Australia.

Changes to laws concerning chain of responsibility for heavy vehicles

In mid-2018, the Heavy Vehicle National Law (HVNL), which establishes a single national system of laws for heavy vehicles over 4.5 tonnes and applies in all states and territories in Australia (except Western Australia and the Northern Territory), will be amended.

Living in Digital Harmony: Immutable Blockchains and the Right to be Forgotten

The Australian Competition and Consumer Commission (ACCC) has recommended reforms to Australia's privacy legislative framework which include the introduction of an erasure right, analogous to the GDPR's 'right to be forgotten'.

Important Corporations Act changes allow for virtual meetings and electronic execution

The Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 (Determination) came into effect on 6 May 2020. The temporary changes, in force until 6 November 2020, are designed to overcome the impact of COVID-19 by allowing virtual AGMs and electronic execution.

No gear change: High bar to prove unconscionable conduct reinforced in ACCC v Mazda appeal

The Federal Court has confirmed the high bar for proving unconscionable conduct, dismissing an appeal by the ACCC to overturn the trial judge's finding that Mazda did not act unconscionably towards its customers.

Critical Infrastructure Protection Act 2022 explained

The recent amendments to the SOCI Act send a clear message to responsible entities of critical infrastructure assets that risk management (including cybersecurity risk management) must be prioritised and form part of the entity's core business activity.