Recent decisions by the Australian Competition and Consumer Commission and the Federal Court of Appeal have demonstrated that it can be a fine line between branding and product claims: with a wrong step amounting to … Continued
Background Regulators have a range of enforcement options available to them, including the issuance of infringement notices. Indeed, for many regulatory offences, the initial action taken by a regulator is to issue an infringement notice. … Continued
Decision-makers are often called upon to provide reasons for a decision. The requirement to provide reasons arises pursuant to legislation. In some circumstances, legislation requires a decision-maker to provide reasons at the time of making … Continued
Legislative context Taking enforcement action is a core part of every regulator’s activities. It involves reacting to non-compliance with the regulatory framework and is often undertaken through the use of “hard tools” – these are … Continued
We all know about the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter). It’s been around for over a decade now. But do you know how (and whether you need to) use … Continued
Background In March 2018, the Senate referred an inquiry (Inquiry) into the operation and effectiveness of the Franchising Code of Conduct (Code) to the Parliamentary Joint Committee on Corporations and Financial Services (Committee). Since 5 … Continued
Introduction Following the successful passage of the Children Legislation Amendment (Information Sharing) Act 2018 (Act), Government departments, regulatory bodies, health and social service providers and education providers with responsibility for the wellbeing and safety of children … Continued
Regulatory frameworks that are based on core principles and standards have an important advantage over prescriptive frameworks – specifically, they are intrinsically flexible and capable of applying to a wide spectrum of regulated entities and … Continued
In the midst of the Royal Commission into Financial Services (Banking Royal Commission), our corporate financial services regulator – the Australian Securities and Investments Commission (ASIC) – is not escaping scrutiny. Much of the commentary … Continued
Background If 2017 was the year that the ACCC emphasised consumer and small business protection (including an effective focus on achieving higher penalties), 2018 is set to be the year of cartels and the continued … Continued
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