News & Analysis as of

Penalties Australia

Herbert Smith Freehills Kramer

Australian Government Seeks Comments on Changes to the Modern Slavery Act

As the Australian Government seeks to strengthen the transparency and effectiveness of the Modern Slavery Act (the Act), a series of reviews and responses have been conducted. In May 2023, conclusions from the first statutory...more

White & Case LLP

The transition to mandatory merger control in Australia – key parameters of the new regime

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Australia's transition from a voluntary to a mandatory merger regime has formally commenced. Mandatory approval of transactions that meet notification thresholds is required from 1 January 2026. To facilitate the transition,...more

K&L Gates LLP

Victoria's New Developer Bond Scheme: Implications for Developers

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Introduction - In a significant move aimed to enhance consumer protections in the housing sector, the Victorian Government has enacted the Building Legislation Amendment (Buyer Protections) Act 2025 (Vic) (Act). A key feature...more

Hogan Lovells

Australia mandates first-of-its-kind reporting of ransomware payments

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Australia has implemented a first-of-its kind requirement for eligible businesses to report ransomware payments. From 30 May 2025, eligible businesses that make a payment in response to a cyber security incident, or become...more

NAVEX

Why Regulatory Compliance in Australia is More Than Just a Checkbox

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GRC compliance is critical for any business operating in Australia. Whether your business is a startup, multinational, or somewhere in between, staying on top of your legal obligations is the difference between building trust...more

Seyfarth Shaw LLP

Curiosity may kill the cat, but is indispensable for workplace health and safety

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“Curiosity killed the cat” is a proverb “used to warn of the dangers of unnecessary investigation or experimentation” (Wikipedia) or is an idiom “said to warn someone not to ask too many questions about something” (Cambridge...more

Jones Day

ACCC Conducts Sweep of Online Statements for Compliance with Australian Consumer Law

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The Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and...more

Jones Day

Australia's Federal Court imposes significant penalty in latest greenwashing enforcement action to reach hearing.

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The Federal Court of Australia has imposed a $10.5m (AUD) penalty on an Australian superannuation fund, in the latest of the Australian Securities and Investments Commission's greenwashing cases to reach the penalty hearing...more

K&L Gates LLP

Competition and Consumer Law Round-Up

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What's Inside this Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as...more

NAVEX

Australia is Combatting Foreign Bribery

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Australia has a zero-tolerance approach to corruption, and this policy knows no border or nationality. Bribery or attempts to bribe foreign public officials are considered severe crimes, as mentioned in division 70 of the...more

White & Case LLP

Australia to increased its maximum civil competition & consumer law penalties

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Maximum civil penalties for competition and consumer law breaches by companies and individuals are set to increase in Australia following the passing of the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022....more

K&L Gates LLP

Franchising Update | Parliamentary Joint Committee on Corporations and Financial Services: Main Changes from the Australian...

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FRANCHISING CODE - On Thursday 20 August 2020, the Australian Federal Government released a report which sets out intended changes to the Franchising Code (the Code). ...more

Hogan Lovells

Foreign investment in Australia’s energy and resources sector

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Introduction - This guide is intended to supplement our popular Foreign Investment in Australia guide and has been drafted with the intention of providing an overview of the specific considerations a foreign person who is...more

Ballard Spahr LLP

Investors Bring 10b-5 Action Against Westpac Over Money Laundering Scandal

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AML Scandals Seem to Inevitably Spawn Investor Lawsuits - As we recently blogged, Westpac, Australia’s second-largest retail bank, has been embroiled in a scandal arising from approximately 23 million alleged breaches of...more

K&L Gates LLP

Increases to Penalties under WA Occupational Health and Safety Legislation

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In mid-2017, the Western Australian Government (McGowan Government) introduced legislation that proposed to increase the penalties for offences under the Occupational Safety and Health Act 1984 and the Mines Safety and...more

K&L Gates LLP

Penalties for Australian Consumer Law Breaches Increase Tenfold (if not More)

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In Brief - On 23 August 2018, Federal Parliament passed the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Bill) to substantially increase the maximum financial penalties for contraventions of the Australian...more

K&L Gates LLP

Exploiters of Overseas Workers Receive Record Fine of Over AUD500,000

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With the regulator actively pursuing rogue employers and the Courts willing to impose higher penalties, it is clear that a spotlight has been cast on identifying and exposing non-compliance with the Fair Work Act (FW Act). ...more

Jones Day

Australia Raises Capital Gains Withholding Rate for Foreign Residents in Real Estate Transactions

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The Australian Commonwealth Government first introduced foreign resident capital gains withholding payments in July 2016 at a rate of 10 percent, in response to issues in collecting tax from foreign resident sellers and...more

K&L Gates LLP

If it Feels Harder to Get Your Enterprise Agreement Approved by the Fair Work Commission, That's Because it is...

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Over the last 12 months, we have assisted many clients with the negotiation, lodgment and approval of enterprise agreements made under the Fair Work Act 2009 (Cth) (FW Act). Anecdotally, it appeared to us that employers were...more

K&L Gates LLP

Penalty Goal

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The full bench of the Fair Work Commission’s decision to reduce the penalty rates payable under awards covering employees in the Retail and Hospitality industries has sparked a furore of political and media...more

Jones Day

What Does the Introduction of Mandatory Data Breach Notification in Australia Mean for You?

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Australia's Data Breach Bill amends the Privacy Act 1988 (Cth) ("Privacy Act") and requires private and public organisations regulated by the Privacy Act to notify affected individuals and the Australian Information...more

Jones Day

Monthly Update—Australian Labour & Employment - February 2017

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MESSAGE FROM THE EDITOR - In this edition of the Update, we discuss two significant developments that are likely to have far-reaching impacts for employers and employees across Australia. First, we discuss the proposed...more

K&L Gates LLP

Will you be Penalised for a Penalty?

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Recent Developments in the law of Penalties - The law has long struggled with two competing notions about the proper approach to penalties, namely: 1. the freedom of parties to contract, 2. preventing a party from obtaining a...more

Dorsey & Whitney LLP

This Week In Securities Litigation

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The SEC prevailed on two summary judgment motions. One centered on a manipulation action. The other was against an attorney who facilitated a prime bank fraud. The Commission also filed: An action against UBS tied to its...more

K&L Gates LLP

Penalties - About to Get Higher! - Commonwealth Penalty Units to Increase

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In the most recent Federal Budget, the Government announced that as of 31 July 2015, the value of all Commonwealth penalty units will increase from AUD170 to AUD180. Rather than state a specific dollar penalty in the Act...more

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