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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Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance).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and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance.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. ...
Final piece of privacy reform jigsaw
In important news for any Australian business that provides goods or services to individuals on deferred payment terms the long-awaited Credit Reporting Privacy Code has been registered Partner Michael Pattison and Senior Associate Matt Vitins report on the implications of the credit reporting ...
Corporate responsibility and anti-corruption legislation in India
In the past 12 months the Indian Parliament has passed two important pieces of legislation relating to corporate social responsibility and the allegations of corruption made against public servants. How does it affect you? ...
CAMAC's 2014 discussion paper on managed investment schemes
The Corporations and Markets Advisory Committees discussion paper about the establishment and operation of managed investment schemes particularly examines governance disclosure and regulatory issues If the changes are implemented it could profoundly affect these schemes Partners Marc Kemp and Penny ...
Government moves to abolish ACNC
The Federal Government has taken the first step towards achieving its announced intention of abolishing the Australian Charities and Not-for-profits Commission and transferring some of its functions to the Australian Taxation Office and the yet-to-be-established National Centre for Excellence ...
Green Bonds have come to town
Green Bonds have been part of the international capital markets landscape for some time and recently the World Bank announced the first A Green Bonds to be issued into the Australian debt capital market If developments in the European Green Bond market are a good indicator there is potential for ...
It's crunch time! Changes to the Franchising Code are nigh
The long-anticipated changes to the Franchising Code of Conduct are scheduled to take effect on 1 January 2015 Partners Tim Golder and Andrew Wiseman and Lawyer Nadia Guadagno report on the significant changes ...
Using 'reasonable endeavours' - the importance of internal contractual standards
The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...
Work Health & Safety
This Insight examines the latest developments in Workplace Health and Safety laws ...