Third Party Blocking Injunctions Review

By war Third party intermediary injunctions
The government has commenced a review of the regime under s 115A of the Copyright Act 1968 by which copyright owners can seek injunctions ordering ISPs to block access to offshore infringing websites.
The discussion paper raises three questions:
How effective and efficient is the mechanism introduced by the Online Infringement Amendment?
Is the application process working well for parties and are injunctions operating well, once granted?
Are any amendments required to improve the operation of the Online Infringement Amendment?
The discussion paper notes a survey by Kantar Public which reported that the downloading of unlawful content by individuals had fallen by …read more

Source:: IP Wars

A public sex offender register

By Melbourne Criminal Lawyers Written by Bill Doogue. Partner, Doogue + George Defence Lawyers. Recently announced proposals for a publically accessible sex offender register are a perfect example of emotionally driven, rather than evidence-based, criminal justice policy. Whilst it may seem intuitive to want to ‘name and shame’ sex offenders, the research shows that public notification registers have little […]
The post A public sex offender register appeared first on Melbourne Criminal Lawyers Blog. …read more

Source:: Melbourne Criminal Lawyers Blog

Mandatory data breach notification legislation comes into effect this week…Thursday

By Peter Clarke The long demanded, often promised and finally enacted mandatory data breach notification legislation comes into effect this week, Thursday 22 February 2018.
The legislation is complex but the failure to comply may result in significant consequences. Much of the impact of the legislation depends on how rigorously the Information Commissioner enforces the statutory obligations. The history to date has been spotty at best. …read more

Source:: Peter A Clarke

Australian Financial Complaints Authority Bill passed

By David Jacobson The Treasury Laws Amendment (Putting Consumers First – Establishment of the Australian Financial Complaints Authority) Bill 2017 establishing an Australian Financial Complaints Authority (AFCA) has been passed by Parliament and is awaiting Royal Assent. It will be in operation no later than 1 November 2018. Background.
According to the Minister for Revenue and Financial Services the transitional provisions will include:
the definition of a small business will be relaxed, so that any business with fewer than 100 staff can access AFCA;
small business primary production producers – defined in accordance with the Income Tax Assessment Act 1997 – will have access to compensation …read more

Source:: Bright Law

Banking regulation and credit card reform bill passed

By David Jacobson The Treasury Laws Amendment (Banking Measures No. 1) Bill 2017 has been passed by both houses of Parliament and is awaiting Royal Assent. Background.
The Bill is comprised of a number of amendments designed to:
• strengthen the Australian Prudential Regulation Authority’s (APRA’s) ability to respond to developments in non-Authorised Deposit-taking Institution (non-ADI) lending;
• reduce barriers to new entrants to the banking sector and remove restrictions on existing smaller ADI’s on the use of the term ‘bank’;
• modernise the Banking Act 1959 by inserting an objects provision; and
• improve customer outcomes under credit card contracts through amendments to the National Consumer Credit …read more

Source:: Bright Law

APRA Crisis Resolution Powers

By David Jacobson The Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017 has been passed by both houses of Parliament and is awaiting Royal Assent. Background.
The Bill provides:
powers that enable APRA to set requirements on resolution planning and ensure banks and insurers are better prepared for a crisis; and
an expanded set of crisis resolution powers that equip APRA to act decisively to facilitate the orderly resolution of a distressed bank or insurer.
The Bill amends the following eight Acts:
• Banking Act 1959;
• Insurance Act 1973;
• Life Insurance Act 1995 (Life Insurance Act);
• Australian Prudential Regulation Authority Act 1998;
• Payment Systems …read more

Source:: Bright Law

Australian Consumer Law penalties to increase

By David Jacobson The Treasury Laws Amendment (2018 Measures No.3) Bill 2018 has been introduced into the House of Representatives to strengthen penalties under the Australian Consumer Law (ACL).
The Bill amends the ACL, to strengthen and align the maximum penalties under the ACL with the maximum penalties under the competition provisions of the Competition and Consumer Act.
The amendments will take effect from the later of 1 July 2018 and the day after the Bill receives the Royal Assent. The amended penalty regime will apply in relation to acts, omissions or offences that occur on or after the commencement date.
The new maximum penalty for …read more

Source:: Bright Law

Australian Consumer Law Amendments

By David Jacobson Treasury has released for consultation exposure draft legislation to amend the Australian Consumer Law (ACL).
The Bill will amend the ASIC Act, ACL and the Competition and Consumer Act to clarify and strengthen consumer protections relating to financial services, consumer guarantees, voluntary recalls, unsolicited consumer agreements, product safety, false billing, unconscionable conduct, pricing and unfair contract terms.
Amongst other things the amendments:
• ensure that the terminology used in the consumer protection provisions in the ASIC Act relating to land are consistent with similar provisions in the ACL ;
• clarify that the ACL-related consumer protections that apply to financial services also apply to …read more

Source:: Bright Law

Debt Agreement Reform Bill

By David Jacobson The Bankruptcy Amendment (Debt Agreement Reform) Bill 2018 has been introduced into the House of Representatives to reform Australia’s debt agreement system.
The Bill makes provision for:
the types of practitioners authorised to be debt agreement administrators;
registration, deregistration and the obligations of debt agreement administrators;
changing the threshold for debt agreements;
formation, administration, variation and termination of debt agreements;
protections against debt agreements that cause financial hardship or have other defects; and
powers of the Inspector-General in Bankruptcy (Inspector-General) with respect to debt agreements and debt agreement administrators.
The majority of amendments in the Bill will commence six months after Royal Assent.
The purpose of …read more

Source:: Bright Law

Fintech Sandbox Regulatory Licensing Exceptions

By David Jacobson The Treasury Laws Amendment (2018 Measures No. 2) Bill 2018 has been introduced into the House of Representatives by the Government in order to provide power for ASIC to make FinTech sandbox regulatory licensing exceptions. Background.
The Bill will amend the Corporations Act 2001 and the National Consumer Credit Protection Act 2009 to expand ASIC’s regulation-making powers to allow the regulations to provide for exemptions from the Australian Financial Services Licence and Australian Credit Licence requirements for the purposes of testing financial and credit products and services under certain conditions.
The amendments will take effect the day after Royal Assent.
The post Fintech …read more

Source:: Bright Law