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WA: Key things you need to know about the proposed changes to the Environmental Protection Act 1986 (WA)
Insight 11 Jun 2020

On 16 April 2020, the Environmental Protection Amendment Bill 2020 (WA) was introduced to the WA Parliament. ...

New Victoria reforms: enhancing the security of gas supply
Insight 12 Jun 2020

Gas regulation in Victoria is set for major reform after the Government introduced two new bills aimed at enhancing the security of gas supply for the State. ...

In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 22 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
Insight 16 Jun 2020

The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...

Lime shines light on product safety representations and product recalls
Insight 24 Jun 2020

The ACCC's action against Lime demonstrates that businesses must carefully consider what actions may constitute a 'recall', particularly where electronic products are supplied. It also serves as a reminder that product safety issues can be regarded as a breach of the Australian Consumer Law and can give rise to pecuniary penalties. ...

Product safety priorities — the ACCC's focus for 2020
Insight 30 Mar 2020

The Australian Competition and Consumer Commission is planning to prioritise five key product safety issues fitting broadly within the categories of the Takata airbag recall, safety risks for infants and children, and e-commerce. We report on what is planned for 2020. ...

The CDR is coming to the energy sector – have your say now
Insight 26 May 2020

The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...

Disclosure of climate-related financial risk: major change is imminent
Insight 25 May 2020

There has been a global proliferation of voluntary reporting standards that companies might adopt with respect to disclosure of climate change-related financial risk. ...

Emissions regulation and liability – NGERs and the Safeguard Mechanism
Insight 25 May 2020

The National Greenhouse and Energy Reporting (NGER) scheme requires some companies to account for the scope 1 and scope 2 emissions they are responsible for. Scope 1 emissions are direct emissions for which a company is responsible, whilst scope 2 emissions are indirect emissions from the purchase o ...

Competition law and climate change
Insight 25 May 2020

In the light of the mounting pressure on businesses to address climate change risks, there is growing impetus to collaborate on effective ways to approach climate change management. ...

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