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New South Wales Anti-Slavery Commissioner Publishes Guidance on Managing Modern Slavery Risks

Introduction - Over 400 New South Wales (NSW) government entities, including government agencies, state owned corporations, and councils (collectively, Covered Entities) are required to conduct modern slavery due diligence...more

Distressed M&A in 2024 – Time to Get Ready

Commercial activity in 2023 was bruised by higher inflation, higher borrowing costs and renewed geopolitical instability, which resulted in waning levels of business and consumer confidence as the year drew to a close. But...more

Climate-Related Financial Disclosures: What are They and What do They Mean?

Overview - Background - The Australian Government recently released an exposure draft of the legislation to implement mandatory climate-related financial disclosures (Draft Legislation). This follows the release of draft...more

December 2023 ESG Policy Update - Australia

Australian Update - ASIC to Focus on Net Zero Statements and Targets - On 21-22 November 2023, the Australian Securities & Investments Commission (ASIC) hosted the ASIC Annual Forum, outlining: The progress and outcomes ASIC...more

November 2023 ESG Policy Update – Australia

Australian Update - Draft Reporting Standards for Australian Climate-Related Disclosures - As previously reported by K&L Gates, the Australian Accounting Standards Board released its exposure draft of the Australian...more

ESG Policy Update – Australia

Australian Update - Warnings Issued About Active Investment Greenwashing As reported by the Australian Financial Review, Australian Securities and Investments Commission (ASIC) has warned that superannuation funds who justify...more

Is 'Freedom-Washing' the New Greenwashing, and What are its Legal Consequences?

Companies will often make representations about modern slavery as part of their environmental, social and governance (ESG) measures.  In this article, we consider whether potentially false or misleading claims about modern...more

JORC Code Update

Mining companies may soon be faced with the results of the first comprehensive review of the Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves (the JORC Code or the Code) in 11 years....more

ESG Policy Update–Australia

Australian Update - Addressing Modern Slavery Risks in Renewable Energy Supply Chains - As the modern slavery risks in the supply chains of renewable energy producers and markets come into focus (ABC|GreenBiz), the office of...more

ESG Policy Update – Australia

Australia Update - ACCC Releases its Guidance on Making Environmental and Sustainability Claims - As previously reported by K&L Gates, the Australian Competition and Consumer Commission (the ACCC) released its long-awaited...more

Australia's Pitch in a Net-Zero Future: Critical Minerals Strategy

The Australian Government recently released its Critical Minerals Strategy 2023–2030 (CM Strategy). BACKGROUND - Australia holds some of the world’s largest repositories of cobalt, lithium and vanadium — elements critical...more

Australia's Modern Slavery Act - A 'Stroll to Slightly Higher Ground' Rather than a 'Race to the Top'? The Final Report of the...

The McMillan Report (Report) of the statutory review of the Modern Slavery Act 2018 (Cth) (Act) was released on 25 May 2023. The Report makes a total of 30 recommendations principally directed to enhance and strengthen the...more

Tendering? Be Ready to Identify, Assess, and Address Your Modern Slavery Risks

The Australian Government has uploaded two new resources to its Modern Slavery Register: A model clause for use in tenders (Model Tender Clauses); and An educational video on modern slavery for the cleaning industry....more

The State of ESG Reporting in Australia

Whilst there has been a marked improvement in the aspirations of Australia's leading companies with respect to environmental, social and governance (ESG) reporting over the last few years, we expect the requirements for more...more

A Novel Duty of Care? Recent Developments in Australian and International Climate Change Law

In the past month, a number of landmark developments have occurred in climate change law in Australia and overseas, which have the potential to materially impact emissions intensive corporations and projects. These reflect...more

Hydrogen Alert - Updates to Hydrogen Policy and Funding in Australia

There have been a number of policy and funding developments applicable to the hydrogen energy industry in Australia since the release of K&L Gates' The H2 Handbook in October last year. These developments have come at both...more

The Hydrogen Handbook - Australia

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive...more

Risks to Your Supply Chains – Vulnerability in an Uncertain World

BACKGROUND - As a small island nation, Australia has always been dependent on international trade. Its favourable terms of trade have helped it withstand many external shocks throughout its history....more

Hydrogen Rising: LNG and LH2 Exports: Potential Challenges, Opportunities, and Lessons Learned

Clive Cachia and Josh Spry talk with host, Sandi Safro, about potential takeaways from LH2 from LNG, as well as the role that Australia may play as a hydrogen exporter....more

Australian Productivity Commission Releases Final Report into Regulation of the Resources Sector

IN BRIEF - The Productivity Commission (Commission) recently released its final report on resources sector regulation. The report examines the regulation of minerals and petroleum in Australia, and identifies issues and...more

1/14/2021  /  Australia , Energy Sector , EPBC Act

Hydrogen Rising: Incentives and Tax Issues Impacting the Australian Hydrogen Sector

Clive Cachia and Betsy-Ann Howe discuss with host David Wochner government incentives programs for and tax considerations impacting foreign investment in the hydrogen industry Down Under....more

COVID-19: (Australia) Modern Slavery in a Time of Unprecedented Disruption

*This information is accurate as of 10.00 am Monday 4 May 2020 and is subject to change as this situation evolves. With the end of the reporting period for many Australian reporting entities under The Modern Slavery Act 2018...more

COVID-19: Doctrine of Frustration: Implications for Contracts in Australia

*This information is accurate as of 6.30pm Friday 27 March 2020 and is subject to change as this situation evolves. Contracts in Australia and around the world are being impacted by the extraordinary measures and...more

COVID-19: (Australia) What to Do About Your Supply Chains?

*This information is accurate as of 10.00 am Friday 20 March 2020 and is subject to change as this situation evolves....more

Releasing the Hand Brake – the Productivity Commission's Review Into Resources Regulation

As the Commonwealth Government sets its agenda after the recent election, it has tasked the Productivity Commission (PC) to conduct a comprehensive review of the regulatory landscape affecting the resources industry in...more

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