Gadens Regulatory Recap – 14 November 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, AUSTRAC, the OAIC, and Treasury, including various enforcement actions taken by the regulators. ASIC ASIC releases second publication on insights from the reportable situations regime: On 31 October 2023, ASIC released Report 775 Insights from the reportable situations regime: July […]
ReadmoreNew announcements made ahead of Federal Government’s updated Cyber Security Strategy release
Cyber note – New developments: Australian businesses to report cyber ransom demands under proposed no-fault system New cyber-risk reporting requirements for Australian telcos With its updated Cyber Security Strategy expected to be released next week, the Federal Government has set the scene, by making a number of early announcements. What is telling is that these […]
ReadmoreUnfair contract terms and your franchise agreement
As of 9 November 2023, changes to the unfair contract terms (UCT) regime have come into effect. Franchisors should be aware that unfair terms under the previous regime are void, while unfair terms under the new regime will be unlawful and significant penalties may apply (for companies, up to $50 million or even more). Unfair […]
ReadmoreEmployee accused of misconduct reinstated following ‘deeply flawed’ investigation
The Fair Work Commission (Commission) has reinstated an employee of a mining company after his employer failed to conduct a thorough investigation into allegations of misconduct.[1] The decision is a reminder for employers to ensure that they have the necessary expertise and procedures in place before conducting internal workplace investigations, particularly when there is conflicting […]
ReadmoreThe deadline to update the Franchise Disclosure Register is 14 November 2023
Following the amendments to the Franchising Code of Conduct in 2021, the Franchise Disclosure Register (FDR) was established in November 2022. The FDR is administered by the Department of the Treasury and is accessible to the public, allowing prospective franchisees to access information about franchise opportunities. Purpose of the FDR The FDR aims to provide […]
ReadmoreWinner publication and notification requirements
The rules for publishing and notifying winners for a game of chance trade promotion differ in each state/territory in Australia. We’ve set out an easy-to-follow guide covering when, where and why. If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Joanne […]
ReadmoreCorruption and Integrity Update – October 2023
The October edition of the Corruption and Integrity Update considers proposed legislative amendments to the Crime and Corruption Act 2001 and the Information Privacy Act 2009, provides an update on the CCC’s progress in implementing commission of inquiry recommendations, and details the outcomes from a CCC audit into the management of lobbyist contact within public […]
ReadmoreGadens Regulatory Recap – 31 October 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, AUSTRAC, the ATO, the OAIC, Treasury, and some key legislative updates, including various enforcement actions taken by the regulators. ASIC ASIC Breach reporting amendments: On 19 October 2023. ASIC made ASIC Corporations and Credit (Amendment) Instrument 2023/589, which modifies the […]
ReadmoreDigital asset regulation – Treasury’s proposed framework for regulating digital asset platforms
In the latest development in Australia’s regulation of digital assets, Treasury has released ‘Regulating Digital Asset Platforms’, a proposal paper for consultation (Proposal). The Proposal proposes to expand Australia’s existing financial services regulatory regime to fill the identified ‘regulatory gap’ in relation to certain digital asset custody services which are not financial products under existing […]
ReadmoreNational Integrity Spotlight – September 2023
This edition of the National Integrity Spotlight considers the latest updates from the NACC, the Federal Court’s decision in a case that considered the application of whistleblower protections retrospectively, and the latest developments in various matters relating to the PwC tax scandal and consulting services Senate Inquiry. We also consider the recent allegations relating to […]
ReadmoreGadens Regulatory Recap – 17 October 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, the ATO, Treasury, and the Australian Law Reform Commission, including various enforcement actions taken by the regulators. ASIC ASIC and APRA publish further information on joint administration of FAR: On 3 October 2023 ASIC and APRA published a Financial Accountability […]
ReadmoreFirst Australian breastfeeding workplace discrimination case
Breastfeeding is a protected attribute under federal anti-discrimination laws,[1] and throughout the majority of Australia’s States and Territories.[2] The ACT Civil and Administrative Tribunal (ACAT) recently delivered what appears to be the first reported Australian workplace anti-discrimination decision related to mothers breastfeeding at work.[3] ACAT determined that employers must make arrangements to accommodate the breastfeeding […]
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