121-130 of 307 results
Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...
Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...
Allens insights: Brave new world where financial advisers work in sales
The Senate Economics Committees Report into ASICs performance is an interesting read It opens by calling ASIC a timid hesitant regulator too ready and willing to accept uncritically the assurances of a large institution And continues in a similar vein for almost 500 pages ASIC says it does the best ...
Rethinking Australia's regulatory approach to securitisation
The Australian securitisation market was arguably more resilient than many during the GFC However certain regulatory and structural features of the Australian securitisation market have hampered its growth and the ability of Australian issuers to tap the full potential of investor demand ...
The Rolls-Royce bribery case and its implications in Australia
A Deferred Prosecution Agreement in the United Kingdom which will see the Rolls-Royce company pay more than 500 million to settle charges of foreign bribery is the most significant UK DPA to date It is likely to influence the approach and expectations of the Australian Government and law enforcement ...
The efficacy of e-signatures
Allens has adopted e-signature using DocuSign as a service to clients. Senior Finance Counsel Diccon Loxton has written an article in two parts that examines the efficacy of e-signatures. ...
Australian Modern Slavery Act: Final Report recommends mandatory supply chain reporting with penalties for non-compliance
After a year-long inquiry a parliamentary committee has recommended that Australia establish a Modern Slavery Act including mandatory reporting for large businesses on modern slavery risks in their operations and supply chains The introduction of a Modern Slavery Act is set to be a game-changer with ...
Linklaters Insights: Anti-bribery and corruption law and enforcement across the globe
Understanding the global reach of anti-bribery and corruption regulation as well as the application of it within a specific jurisdiction is key to managing risk for international businesses Our global alliance partner with input from Allens examines 24 jurisdictions across the Asia-Pacific Europe ...
Federal Court imposes highest penalty to date
The Full Federal Court has allowed the ACCCs appeal and imposed penalties of 46 million for cartel conduct on Japanese wire harness manufacturer Yazaki Corporation The penalty was increased to 46 million from 95 million on appeal and is the highest-ever penalty under the Competition and Consumer Act ...
A new era for Victoria's environmental protection
The Environment Protection Amendment Bill is the first major overhaul of Victorias environmental law in almost 50 years introducing a general environmental duty requiring all Victorian businesses, industry and community members to prevent environmental harm. ...