Australia: Compliance

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Podcast
Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?
Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?
Australia Employment
PA
Piper Alderman
Article
Minimum Tax On Discretionary Trusts: What The Exposure Draft Means For Trustees
The Australian Government has released exposure draft legislation for a proposed 30% minimum tax on discretionary trusts, effective from 1 July 2028. Trustees now face three strategic pathways: remain within the minimum tax regime, restructure using transitional rollover relief, or elect into the new excluded election trust (EET) regime with restricted distribution flexibility.
Australia Tax
HR
Holding Redlich
Article
Digital Duty Of Care: What Australian Businesses Need To Know
The Australian Government's proposed digital duty of care reforms would extend online safety obligations far beyond social media platforms to encompass any business operating websites, digital platforms, or AI-enabled tools. Rather than simply responding to complaints, businesses would need to proactively identify foreseeable risks and implement safeguards, with substantial penalties for non-compliance reaching up to $109.2 million for companies. The exposure draft introduces a fundamental shift from reacti
Australia Privacy
HR
Holding Redlich
Article
Unfair Contract Terms In SME Lending - 5 Clauses That May Place Lenders At Risk
ASIC's 2026-27 Corporate Plan identifies non-bank small business lending practices as a regulatory focus area, particularly concerning unfair contract terms in standard form agreements. This article examines five common clauses in SME loan agreements that may expose lenders to enforceability challenges and regulatory action, drawing on recent court decisions to illustrate key UCT risks.
Australia Commercial
BP
Bartier Perry
Article
Land­lords Beware: New Tobac­co Laws Could Mean Heavy Fines and Even Gaol Time
New South Wales has introduced strict legislation targeting landlords who knowingly permit tenants to sell illicit tobacco and vapes from their premises. With penalties reaching $165,000 and potential imprisonment, property owners must now actively monitor tenant activities and report suspicious behavior. The legislation also grants landlords new powers to terminate leases when closure orders are issued, fundamentally changing the landlord-tenant relationship in commercial retail settings.
Australia Real Estate
S
Swaab
Article
EPBC Act Reforms: Consultation On Proposed Regulations To Support Final Tranche Of Reforms
Australia's Department of Climate Change, Energy, the Environment and Water has released consultation papers outlining the regulatory framework for the final phase of environmental protection reforms under the EPBC Act. With submissions closing on 13 October 2026 and implementation scheduled for 1 December 2026, these reforms will fundamentally reshape how projects are assessed and approved, introducing streamlined pathways...
Australia Environment
CC
Corrs Chambers Westgarth
Article
Australia's Enhanced Substantial Holding Disclosure And Beneficial Ownership Disclosure Regime Comes Into Effect From 4 December
Australian financial markets face a fundamental shift in disclosure requirements from December 2026, as new rules expand substantial holding obligations beyond traditional voting interests to capture derivative positions and economic exposure. Market participants must now navigate complex calculations involving physically settleable derivatives, cash-settled instruments, and offsetting short positions—with no grandfathering for existing holdings.
Australia Finance
KG
K&L Gates LLP
Article
APRA v Bedingo And Adelaide Bank: A Wake-up Call For Directors And Officers
The Australian Prudential and Regulatory Authority has launched unprecedented civil penalty proceedings against Bendigo and Adelaide Bank following a 2023 cybersecurity breach that exposed critical weaknesses in the bank's risk management systems. This landmark case signals a fundamental shift in regulatory enforcement, extending accountability beyond corporate entities to individual directors and officers who fail to ensure adequate cybersecurity controls are functioning as intended.
Australia Technology
K
Kennedys
Article
ASIC Puts Motor Vehicle Premium Transparency Under The Spotlight
ASIC's Report 838 reveals significant transparency gaps in motor vehicle insurance premium communications, finding that renewal documents often fail to explain price changes adequately and that over 30% of consumers who contacted their insurer successfully negotiated lower premiums. The report establishes clear expectations for better practice in pricing disclosures and signals continued regulatory scrutiny of insurance pricing practices.
Australia Insurance
GC
Gilchrist Connell
Article
When Is An FOI Processing Estimate Reasonable? Lessons From ‘BBP’ And DFAT
How much time can government agencies reasonably claim when refusing FOI requests on resource grounds? A recent Information Commissioner decision examines DFAT's 113.75-hour processing estimate for sanctions-related documents, clarifying when complexity, sensitivity and specialist review requirements justify substantial resource claims under section 24AA of the FOI Act.
Australia Government
HR
Holding Redlich
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