Under current Australian arrangements, the “Safeguard Mechanism” requires Australian facilities that produce over 100,000 tonnes of carbon annually (or an equivalent amount of greenhouse gases), known as “Safeguard Facilities”, to keep their net emissions below a baseline (or ceiling), which has been determined on a facility specific basis. To meet its international commitments to achieving net zero emissions by 2050, the Australian government has proposed changes to the operation of the Safeguard Mechanism with the effect of reducing carbon emissions over time. Those proposed changes have now been extended to secure the political support required to enable the passage of these legislative reforms through federal parliament.
The Australian Federal Government is consulting on a new financial reporting requirement for public companies (listed and unlisted) to disclose information about their consolidated entities, including their country of tax domicile. The change will apply in relation to financial years commencing from 1 July 2023. Submissions can be made until 13 April 2023.
Australia’s new Register of Foreign Ownership of Australian Assets is expected to commence on 1 July 2023. Expanding on the existing registers for water interests and agricultural or residential land, the new Register will record foreign interests in a broader range of Australian land, entities, businesses and assets, with significant penalties for non-compliance.
Foreign persons who acquire relevant Australian interests, as well as some Australian entities that could become “foreign” due to ownership changes, may need to implement additional compliance processes to ensure they satisfy the new requirements.
On 7 March 2023, the Chair of the Australian Competition and Consumer Commission, Gina Cass-Gottlieb, announced the ACCC’s compliance and enforcement priorities for 2023/24 and the market studies and advocacy work that the ACCC would continue this year. Ms. Cass-Gottlieb identified a range of industry sectors, as well as specific competition and consumer law issues that will be the focus of the ACCC’s compliance and enforcement activities for 2023/24. Many of these areas continue from last year.
Baker McKenzie’s Sanctions Blog published the alert titled Australia adopts further sanctions against Russia on 27 February 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
The Commonwealth Attorney-General’s Department has released its long-awaited report on its review of the Privacy Act 1988 (Cth), which proposes widespread amendments to Australia’s flagship privacy legislation. Stakeholders have until 31 March 2023 to provide feedback to the government on the proposals.
The Department of Foreign Affairs, led by the Australian Sanctions Office, is undertaking a review of Australia’s Autonomous Sanctions Framework, ahead of the expiry on 1 April 2024 of the Regulations. The Review will assess whether the Framework remains fit for purpose. The Review will be informed by responses to an Issues Paper and by consultations with key stakeholders. The closing date for submissions is 26 February 2023, with the Review to be completed by 30 June 2023.
The Federal Court’s recent decision in Australian Securities and Investments Commission (ASIC) v Scholz (No 2) [2022] FCA 1542 has important implications for those who discuss financial products and services on social media platforms. Handed down on 20 December 2022, the Court’s judgment heralds a warning that social media ‘finfluencers’ may be considered to be carrying on a financial service business and thus are required to have an Australian Financial Services License.
The Australian Government has released its Strategic Plan for Payments System: Consultation Paper. It is significant insofar as it demonstrates the current Government’s commitment to reform by creating a fit-for-purpose regulatory framework in respect of payments mirroring international developments. It is also significant in that the paper expressly states that the reform agenda includes implementing a tiered licensing framework for payment services providers. Interested parties are invited to comment on this consultation. Responses are due on 6 February 2022.
In May 2022, the Indo-Pacific Economic Framework for Prosperity (IPEF) was launched between Australia, Brunei, Fiji, India, Indonesia, Japan, South Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, the US and Vietnam. On account of its specified focus on labor standards and issues, IPEF is likely to have an ongoing impact on labor regulations and trends among partner countries, including Vietnam.