The ACCC has announced two internet sweeps to identify misleading environmental and sustainability marketing claims and fake or misleading online business reviews and a separate sweep to target fake or misleading online reviews and testimonials. The sweeps are being conducted as part of the ACCC’s compliance and enforcement priorities for 2022-23 announced earlier this year, with the broad aim of identifying deceptive advertising and marketing practices related to the environment and sustainability.
The Minister for Education announced on 21 September 2022 that the government has directed the ACCC to commence an inquiry into the costs of childcare, and in particular why childcare costs have increased significantly in recent years (the announcement states the increase has been 41% in the past eight years). The announcement follows the government’s stated commitment to a comprehensive plan for cheaper childcare and addressing rising costs of living as announced during the Federal Election.
Substantiating green claims, statements regarding price increases and minority interests in competing companies In brief The new ACCC…
On 30 August 2022, the Indonesian House of Representatives agreed to pass a law ratifying the Regional Comprehensive Economic Partnership, the largest regional free trade agreement outside the World Trade Organization — involving 10 ASEAN countries and five non-ASEAN countries, i.e., China, New Zealand, Australia, Japan and South Korea. With the passing of this law, which still requires promulgation by the President, RCEP is set to come into force for Indonesia, possibly before the end of the year.
On 18 August 2022, the Federal Government released for consultation the Treasury Laws Amendment (Competition and Consumer Reforms No. 1) Bill 2022: More competition, better prices. The exposure draft legislation seeks to significantly increase the maximum penalty per contravention to AUD 50+ million for corporations engaging in anti-competitive conduct (including, for example, cartel offences, misuse of market power, and exclusive dealing) under Part IV of the Competition and Consumer Act 2010 as well as for contraventions of the Australian Consumer Law. Penalties for breach of competition and consumer laws in Australia have increased rapidly in recent years, particularly in the context of consumer law contraventions, which will have seen an almost 50 times increase in the maximum penalty per contravention over a five year period (if the draft legislation is passed).
The Australian Securities and Investments Commission has, again, extended the transitional relief period for Foreign Financial Services Providers for a further 12 months to 31 March 2024, through the introduction of the ASIC Corporations (Amendment) Instrument 2022/623 on 28 July 2022. ASIC has stated the Amendment Instrument was introduced to provide certainty for the industry given the lapsing of the Treasury Laws Amendment (Streamlining and Improving Economic Outcomes for Australians) Bill 2022.
On 25 July 2022, Australia’s eSafety Commissioner published Regulatory Guidance on the “Basic Online Safety Expectations”, which are provided for by Part 4 of the Online Safety Act 2021 (Cth) and the Online Safety (Basic Online Safety Expectations) Determination 2022. This comes a day after eSafety became entitled to issue notices seeking information from a wide range of online service providers regarding their compliance with the expectations.
We are pleased to announce that Baker McKenzie has published the FY23 edition of Directors Duties in Australia. This is a timely guide for directors of Australian companies, setting out pivotal issues for directors to consider in the current evolving corporate governance environment. Matters covered in the guide include common law and statutory duties, financial reporting, continuous disclosure, financial assistance, directors’ insurance and indemnities and other topical issues including climate change, cyber security and anti-bribery and corruption.
The Australian anti-money laundering and countering of terrorist financing regulator, the Australian Transaction Reports and Analysis Centre has this week updated its guidance on reporting cash transactions above the AUD 10,000 threshold.
The new Australian Government promises nearly AUD 1 billion in investments to Medicare and general practices as part of a number of policy commitments to healthcare and aged care initiatives.
On 21 May 2022, Australia elected a new federal government, the Australian Labor Party. As part of its campaign, the newly elected Federal Government committed to a number of healthcare and aged care policy initiatives with a strong focus on improving quality and access to primary care.