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Embedded networks draft report released – major changes foreshadowed

As we noted last year, the Australian Energy Markets Commission (AEMC) had initiated a review of the regulatory framework for embedded networks after previously indicating that it did not regard the current regulatory regime as being fit for purpose. On 31 January, the AEMC released its draft report, proposing a “comprehensive reform package”.  At this stage, […]

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New National Gift Card Law

Following New South Wales and South Australia introducing a minimum 3 year expiry date on gift cards / vouchers sold in 2018, the Federal Government passed a similar law on 18 October 2018 which applies to all States and Territories. Click here to view full size pdf, with details. 

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Sponsored posts on social media: what do I need to know?

Advertisers and social media users (importantly, social media influencers) must ensure that posts or comments made on social media platforms are compliant with the Australian Association of National Advertisers (AANA) Code of Ethics (the Code). What is the Code? The Code is the overarching document that sets out the applicable standards across any medium for […]

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The new Consumer Data Right will start with “open banking” from July 2019

A new Consumer Data Right will take effect from July 2019, first in the banking sector then in the telecommunications and energy sectors. David Smith outlines the Consumer Data Right and all the pieces that need to come together in the coming months in order to implement this reform. Banking: the first industry subject to […]

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Electricity regulatory framework under further review – changes ahead for both embedded networks and stand-alone power systems

The Australian Energy Markets Commission has recently announced two separate reviews – one into the regulation of embedded networks and the other into stand-alone power systems. With the national electricity framework having been founded on a centralised electricity supply model, the explosive growth of both embedded networks and large-scale localised generation options has presented challenges […]

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Trade Incentives

Trade Incentive Promotions run business to business, or business to employee, rather than business to consumer. Here is an overview of those things to consider, when running trade incentive promotions. Click here to view full size image.  Authored by: David Smith, Partner Jess Bell, Paralegal Allison Rickard, Paralegal

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Trade Promotions Update | New Permit Application Fees

Here is an overview of 2018 permit requirements and fees, for chance trade promotions lotteries. For full size image click here.

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New Gift Card Law in NSW

In general, gift cards have been governed by standard consumer laws. However, for the first time in Australia, New South Wales has specific requirements for gift cards / vouchers sold to consumers. Full details can be found in the attached PDF: Authored by: David Smith, Partner Madeleine McMaster, Lawyer, Melbourne Allison Rickard, Law Clerk Jessica […]

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Refer-a-Friend Promotions

Refer-a-friend promotions are where consumers are encouraged to refer their friends to enter a promotion, or to find out about a promotion. Here is our overview of the specific issues raised in refer-a-friend promotions. Authored by: David Smith, Partner Erica Huntley, Lawyer Allison Rickard, Law Clerk Jessica Bell, Law Clerk

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Government position on regulation of Victorian embedded networks set – draft General Exemption Order now available for comment

The next milestone in the review of the regulation of Victorian embedded networks was reached last month when the Department of Environment, Land Water and Planning (DELWP) released its final position paper on the Victorian electricity licence exemptions framework (the Position Paper) including a draft revised General Exemption Order (GEO). Following on from changes made […]

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Likely change to permit requirements in NSW

Following a report released by the NSW Office of Liquor and Gaming, promoters are now one step closer to being able to conduct trade promotions with prize pools under $10k in NSW with NO permit. Below is our overview of the likely changes: Authored by: David Smith, Partner Erica Huntley, Lawyer Allison Rickard, Law Clerk […]

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Woolworths prevails in test of ACCC enforceable undertaking

In Woolworths Limited v About Life Pty Ltd [2017] NSWSC 1117, Woolworths tested the scope of the enforceable undertakings it, and a number of other supermarket operators, gave to the ACCC not to include, or give effect to, restrictive provisions in supermarket lease agreements. Woolworths ultimately prevailed in this case.  The decision is useful for […]

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