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New draft ruling: Who is an employee, according to the ATO?

The ATO administers and enforces superannuation guarantee compliance under the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA). The ATO has released its updated (draft) ruling TR 2023/4 on ‘who is an employee’, to set out its view on who is an employee for superannuation guarantee purposes. The update to draft ruling TR 2023/4 is a […]

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Strata developers in NSW spared increase in bond payments until November 2024

Amendments to the Strata Schemes Management Regulation 2016 – bond increase to 3% delayed until 2 November 2024 Under section 207 of the Strata Schemes Management Act 2015 (NSW) (Act), prior to applying for an Occupation Certificate, the developer of a strata scheme is required to provide security (called a ‘building bond’) equal to 2% […]

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ASIC issues infringement notices to Fertoz Limited for alleged greenwashing

On 25 June 2024, the Australian Securities & Investments Commission (ASIC) confirmed that, on 21 June 2024, Fertoz Limited (Fertoz) had paid $37,560 in compliance with two infringement notices issued by ASIC in relation to alleged false or misleading statements that Fertoz had made in respect of its Reforestation Project in the Philippines. In issuing […]

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Games of chance: When and where is a permit needed?

The Trade Promotions regulators increased their fees on 1 July – see our handy one pager outlining the new fees, for where permits are needed across Australia. Click the image below to read the full update. If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: […]

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Gadens Regulatory Recap – 26 June 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, AUSTRAC, OAIC, ACCC, Treasury, the Council of Financial Regulators, and legislative updates, including various enforcement actions taken by the regulators.  ASIC   ASIC grants class no-action position to second party opinion providers: On 14 June 2024, ASIC issued a class no-action position […]

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Doing business in Australia

The Gadens Doing business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, as well as practical advice on how to go about setting up and doing business in Australia. Australia is an ideal investment location for foreign companies looking to grow internationally, benefitting from well-developed infrastructure, […]

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Corruption and Integrity Update – May 2024

In this edition of the Queensland Corruption and Integrity Update we consider updates from Parliamentary committees, amendments to the Integrity Act, and a recent decision of the Councillor Conduct Tribunal. We also consider the recently released final report of the Independent Review of the Crime and Corruption Commission’s reporting on the performance of its corruption […]

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Draft statewide housing targets for Victoria – More than 2 million new homes by 2051

Last week, the Victorian Government released their draft statewide housing targets. In an ambitious target, 2,001,000 additional dwellings are proposed to be constructed between now and 2051 across Metropolitan Melbourne – being almost double the number of existing dwellings currently constructed in Metropolitan Melbourne. The Government wants local councils to ‘unlock space for more homes […]

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Manufactured Homes (Residential Parks) Amendment Act 2024 set to shake up the land lease environment

With Australia’s aging population and low-income retirees flocking to downsize their retirement homes, the manufactured homes sector is a growing industry that has now received its first tranche of major reforms and park owners will take the brunt of these changes. In Queensland, the partnership between manufactured park owners and homeowners was regulated by the […]

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The new DBP Act amendments – insurance requirements for Builders remain exempt until 1 July 2025

Amendments to the DBP Act – further 12 month reprieve for DBP Act insurance requirements for Builders Under the Design and Building Practitioners Act 2020 (NSW) (DBP Act), it is a condition of registration for design and building practitioners that they are ‘adequately insured’ against liabilities arising under the DBP Act including as a result […]

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Uncovering greenwashing: ASIC’s latest pursuit of accountability – Judgment against Active Super

Last week, the Federal Court found that the superannuation fund Active Super had made misleading representations concerning its commitment to environmental, social and governance (ESG) factors in its investment decision-making. On 10 August 2023, the Australian Securities and Investments Commission (ASIC) commenced proceedings against the Local Government Superannuation Scheme (LGSS), as trustee of Active Super, […]

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OAIC Medibank action a wakeup call for organisations to uplift privacy compliance

The Office of the Australian Information Commissioner (OAIC) has made data breaches a regulatory priority for 2023-2024, with an increased focus on regulatory action where there may be serious failures to take reasonable steps to protect personal information, inappropriate data retention practices or failures to comply with the notification procedure from the Notifiable Data Breaches […]

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