Doing Business in Australia

The Australian Government welcomes foreign investment. With well-developed infrastructure, a stable political environment, robust economy and easy access to Asia Pacific, Australia is an ideal investment location for foreign companies looking to grow internationally. There are important considerations for foreign investors to make when deciding on how to enter the Australian market. Whether it’s the […]

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Consumer Data Right back on track

On 1 August 2019, the Senate passed the Treasury Laws Amendment (Consumer Data Right) Bill 2019 to introduce amendments to the Competition and Consumer Act 2010, the Privacy Act 1988, and the Australian Information Commissioner Act 2010 to form the framework for the Consumer Data Right (CDR). The bill followed a relatively quick turnover after […]

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Trade Promotions Update | New Permit Application Fees 2019

Here is an overview of 2019 permit requirements and fees, for chance trade promotions lotteries, Trade Promotions Update New Permit Application Fees 2019.   When and where is a permit needed? For chance trade promotion lotteries, you need a permit in: NSW – always, regardless of prize value ACT – always for promotions where the […]

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Intellectual property exception to competition law prohibitions to be removed. Time to review IP dealings for anti-competitive provisions.

Effective from 12 September 2019, the exception to the prohibitions on restrictive trade practices, contained in Part IV the Competition and Consumer Act 2010, for the conditional licensing and assignment of intellectual property will be removed. The impact from this will be that, effective from that date, all transactions involving IP will become subject to competition law prohibitions […]

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IP Safe Harbour Provisions removed from Competition and Consumer Law

On 14 February 2019 after some debate about amendments the Senate passed the bill to remove the intellectual property safe harbour provisions from the Competition and Consumer Act 2010 (Cth) (CCA). All intellectual property arrangements, such as licensing agreements and intellectual property assignments are now subject to the anti-competitive conduct restrictions in the CCA, including the sections in the […]

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Minimum pricing for alcohol in the Northern Territory

Alcohol sold in the Northern Territory to consumers can no longer be priced for less than $1.30 per standard drink. Full details can be found in the attached overview.

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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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