From 9 November 2023, the unfair terms regime will change so that significant penalties may apply for breaches of the UCT regime. As a result, businesses need to look again at their standard terms for unfair terms risks.
Australia’s new Register of Foreign Ownership of Australian Assets will take effect on 1 July 2023. Expanding on the previous registers for water interests and agricultural or residential land, the new Register records foreign interests in a broader range of Australian land, entities, businesses and assets, with significant potential penalties for non-compliance.
In announcing its Strategic Plan for Australia’s Payments System, Treasury has provided the clearest direction to date on how it plans to modernize and revamp the regulatory framework for payments in Australia. It outlines the Australian Government’s key priorities and initiatives for modernizing and regulating payments systems in coming years. This announcement follows a very broad consultation on its strategic plan and a number of reviews undertaken in this space.
By 29 February 2024, all Australian financial services licensees that provide financial services to retail clients and Australian credit licensees must for the first time submit internal dispute resolution (IDR) data reports to ASIC covering the six month reporting period 1 July to 31 December 2023.
The eSafety Commissioner has issued a decision on proposed industry codes of practice under Australian online safety laws, which has significant implications for all companies operating online services in Australia.
Australia’s Modern Slavery Act 2018 created a regime requiring large companies to report annually on what they have done to assess and address modern slavery risks in their operations and supply chains. On 25 May 2023, the Federal Government tabled a report on a review of this Act. This review covered the first three years of the Act’s operation. Thirty recommendations have been made.
Our Asia Pacific Employment & Compensation team is pleased to share our quarterly update, which highlights key employment law changes across the Asia Pacific region in the first quarter of 2023.
In this employment update, our team sets out key Australian employment law changes employers should be aware of in relation to the following topics:
• Discrimination, harassment and psychosocial risks
• Workplace flexibility and parental leave
• Pay secrecy
• Fixed term contracts/temporary agreements
• Collective Industrial Relations changes
The Australian Securities and Investments Commission has provided updated guidance on the updated breach reporting regime applicable to Australian Financial Services Licensees and Credit Licensees. ASIC’s updated guidance is set out in a new version of Regulatory Guide 78, ‘Breach Reporting by AFS Licensees and Credit Licensees’ (RG 78), published 27 April 2023.
On 31 March 2023, the Australian government released draft legislation and an explanatory memorandum regarding a new anti-avoidance measure, which prevents large multinational enterprises from claiming tax deductions for payments relating to intangibles “connected with low corporate tax jurisdictions.”