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On 10 December 2021, at the Summit for Democracy, the US, Australia, Denmark, and Norway, released a Joint Statement announcing an Export Controls and Human Rights Initiative to curb the misuse of technologies by certain governments. The initiative aims to combat digital authoritarianism in countries where software and advanced surveillance technologies have been used to hack the communications of political opponents and journalists, shape public opinion, and censor information the government deems threatening.

On 2 December 2021, the Australian Parliament passed the Autonomous Sanctions Amendment Act 2021 (Cth) (Act) which is partly based on the United States’ Magnitsky Act, and similar laws already in place in the UK, Canada and the European Union. The Act is designed to sanction individuals and entities responsible for certain “thematic” categories of “egregious conduct”. The Act came into force on 7 December 2021.

On 2 December 2021, the Australian Parliament passed the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021 (Cth). The new laws are intended to modernise Australia’s autonomous sanctions regime by creating a framework to facilitate the establishment of a thematic sanctions regime to enable Australia to respond flexibly and swiftly to a range of situations of international concern. A key difference to the current sanctions regime is that the new laws will not be restricted in their operation to any particular country / jurisdiction.

In this annual webinar series, we are putting a spotlight on warehousing arrangements. Our speakers will update you on legislative and customs developments, share insights into the current practices of authorities, and provide practical tips on how you can identify opportunities, maximize benefits and mitigate risks when utilizing these warehouses as part of your supply chain solutions.

Australia’s competition regulator has argued for sweeping reforms to impose significantly higher barriers to proposed mergers. The Australian Government treasury also released an exposure draft on 23 August 2020 detailing a range of proposed reforms to the unfair contract terms regime, including pecuniary penalties on companies and individuals. Nero Tapware admitted it likely engaged in RPM by withholding supply of its products to a small retailer that failed to increase prices. The ACCC has reiterated the need for additional regulation to address its concerns about the dominance of digital platforms.

The New South Wales Modern Slavery Act was passed by the NSW Parliament on 21 June 2018, but has not yet commenced. The NSW Government took the unusual step of indefinitely deferring its commencement. The Modern Slavery Amendment Bill 2021 was introduced to the NSW Parliament on 14 October 2021 and has progressed to its second reading speech in the NSW Parliament.

Does your workforce include casual employees? Laws relating to casual employment have undergone significant changes due to recent amendments to the Fair Work Act 2009 (Cth) (FW Act). Several changes require employers to take action now, by or after 27 September 2021. We set these out below along with some recommended actions.

In the current pandemic, many employers have been required to rapidly shift to a remote working model. This shift has raised a number of issues that employers have had to consider, including how best to monitor remote workers’ hours of work, how to appropriately supervise and mentor them, and how to appropriately address health and safety obligations outside the usual office environment.
With the tightening of Australia’s border controls restricting the ability of individuals to travel overseas and back again, employers are now also grappling with situations where employees who have traveled outside Australia are requesting the ability to work remotely whilst overseas.