On 1 August 2021, the regulatory framework for Advanced Therapy Products (ATPs) came into operation in Hong Kong. ATPs, which are innovative medical products based on genes, cells and tissues that have been subject to ‘substantial manipulation’ or are intended for non-homologous use, have been added to the definition of ‘pharmaceutical products’ under the existing Pharmacy and Poisons Ordinance and its subsidiary legislation, the Pharmacy and Poisons Regulations.
An overarching theme of COP26 and a priority of the UK presidency is to enhance climate change ambition. As countries set enhanced climate plans and pledges for 2030 (called “nationally determined contributions”) and set net-zero targets for 2050 (or earlier), they are also looking to the private sector to participate in this “race to zero.
Trade between China and Africa almost doubled between 2020 and 2021, and over the last 20 years trade between China and the region has increased twenty-fold. Challenges, such as Africa’s over-dependence on natural resources and vast lack of essential infrastructure, must still be addressed, but the African Continental Free Trade Area is gearing up to provide a further boost for all of the continent’s major trading partners.
On 3 June 2021, the Trade Remedy Authority of the Ministry of Industry and Trade (MOIT) received a petition for an anti-dumping investigation with regard to office desks and chairs originating from China and Malaysia. The petitioners are Xuan Hoa Vietnam JSC, and Hoa Phat Furniture., JSC. On 1 September 2021, the MOIT issued Decision No. 2091/QD-BCT to officially conduct the investigation.
ESG (Environmental, Social, and Governance) considerations are growing in importance for companies and businesses globally, so much so that we have now arrived at the point where ESG has become one of the key priorities in boardrooms everywhere. Regulations are emerging, the pressure from stakeholders is increasing, and consumers are becoming more conscious of ESG issues, which is influencing their purchasing decisions as noted recently by the Head of Marketing at a Thai consumer goods company, “Consumers increasingly want to purchase products from organizations that are good at achieving their ESG goals
The Securities and Futures Commission recently released its Consultation Conclusions on Proposed Enhancements to the Competency Framework for Intermediaries and Individual Practitioners. Changes to the existing Guidelines on Competence and Guidelines on Continuous Professional Training will take effect in January 2022. These changes impact the competence and ongoing training requirements for new and existing Responsible Officers and Licensed Representatives of Licensed Corporations, as well as Executive Officers and Relevant Individuals of Registered Institutions.
Infrastructure Victoria has recently released an updated 30-year Infrastructure Strategy which the Victorian Government is currently considering. Following remarks from the Treasurer, we anticipate the Victorian Government to issue its response to IV’s stated infrastructure priorities within the next 12 months.
On 1 September 2021, the Health Sciences Authority published an advisory warning stakeholders of a new suite of cybersecurity vulnerabilities, known as “BrakTooth”, affecting medical devices that utilize certain Bluetooth Link Manager Protocols.
The privilege against self-incrimination has long been a feature of Australia’s common law and recognises the important concept that individuals should not be compelled to incriminate themselves. The privilege has also been protected by legislation, including in sections 128 & 128A of the Evidence Act 1995 (Cth). A recent High Court decision in Deputy Commissioner of Taxation v Zu Neng Shi [2021] HCA 22 considered whether disclosure of privileged information was in the interests of justice.
On 2 September 2021, the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 was passed by both the Senate and the House or Representatives. Once it receives royal assent, it will operate to amend the following pieces of legislation: the Australian Human Rights Commission Act 1986, the Fair Work Act 2009, and the Sex Discrimination Act 1984.