Commenced 1 July 2024, the Australian Financial Complaints Authority (AFCA) has released a new version of AFCA’s Rules and Operational Guidelines which apply to all complaints lodged on or after 1 July 2024.
Commenced 8 June 2024, the Determination revokes the Australian Prudential Regulation Authority (confidentiality) determination No. 3 of 2023 (Cth) and determines a new version of the Existing Confidentiality Determination, which provides that certain information provided to APRA under specified reporting standards by financial sector entities is not confidential.
Partially commenced on 20 August 2024, this Amendment Act amends several acts and regulations administered by the Minister for Customer Service and Digital Government, the Minister for Better Regulation and Fair Trading and the Minister for Building, including the Associations Incorporations Act 2009 (NSW), the Home Building Act 1989 (NSW), the Building and Construction Industry Security of Payment Act 1999 (NSW), the Fair Trading Act 1987 (NSW), and the Strata Schemes Development Act 2015 (NSW) to provide for changes to progress payment entitlements for construction work, fuel price reporting for electric vehicle charging stations, and electronic signature requirements for pawnbrokers, dissolve the Building Insurers' Guarantee Corporation Fund, and expand the application of the bond scheme for building defects in strata schemes.
Commencing 8 September 2024, the Amendment Act amends the Criminal Code Act 1995 (Cth) to extend the offence of foreign bribery to include candidates and nominees for public office, and to conduct to obtain a personal advantage.
Commenced on 3 September 2024, this Amendment Act amends the Criminal Code Act 1995 (Cth) to modernise and strengthen offences that deal with the non-consensual sharing of sexually explicit material online, including material created or altered using technology.
Commenced 1 July 2024, the Amendment Act amends the Defamation Act 2005 (NSW) to implement nationally agreed changes to the law of defamation, to exempt digital intermediaries from liability for defamation.
Commenced 1 September 2024, the Amendment Act amends the Defence Trade Controls Act 2012 (Cth) to regulate the supply and provision of Defence and Strategic Goods List (DSGL) military or dual-use technology within and without Australia.
Commenced on 28 August 2024, this Amendment Regulation amends the Fair Work Regulations 2009 (Cth) to introduce a contractor high-income threshold for the current year and prescribe the method for calculating this threshold in subsequent years, in support of the changes made by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth).
Commenced on 28 August 2024, this Amendment Regulation amends the Fair Work Regulations 2009 (Cth), the Independent Contractors Regulation 2016 (Cth), the Fair Work (Registered Organisations) Regulations 2009 (Cth) to support the implementation of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth).
Commenced 16 July 2024, the Amendment Act amends the Agents Act 2003 (ACT), Charitable Collections Act 2003 (ACT), Fair Trading (Australian Consumer Law) Act 1992 (ACT), Land Titles Act 1925 (ACT), Residential Tenancies Act 1997 (ACT) and others, to implement the National Fundraising Principles to remove red tape for charities, enhance consumer protection laws by giving the Commissioner for Fair Trading strengthened enforcement powers, and streamline rental processes for tenants and landlords.
Commenced 1 August 2024, the Amendment Act establishes a regulatory Scheme for the Child Safe Standards in the ACT which replicates the National Principles for Child Safe Organisations.
Commenced 1 July 2024, the Amendment Act amends the Migration Act 1958 (Cth) to ensure employers do not misuse migration rules to exploit temporary migrant workers and to introduce new offences and penalties to address unlawful conduct in the workplace.
Commenced 1 July 2024, the Amendment Regulations amend the Occupational Health and Safety Regulations 2017 (Vic) to introduce prohibitions on the installation, processing, supply, and manufacture of engineered stone panels, slabs, and benchtops.
Commenced 7 September 2024, the Amendment Act amends the Payment Times Reporting Act 2020 (Cth) to simplify reporting, reduce regulatory burdens and increase pressure on slow-paying large businesses.
Commenced 25 June 2024, the Regulations prescribe registration requirements for employees or volunteers engaged in regulated activities, specify exemptions from the registration requirements, set application fees, and ensure systems are in place to identify and report any reportable behaviour by employees or volunteers that pose risks to vulnerable people.
On 27 June 2024, SafeWork NSW released the approved NSW Code of Practice – Sexual and gender-based harassment (the Code) to provide practical guidance on how to achieve the standards of work health and safety required under the Work Health and Safety Act 2011 (NSW) and the Work Health and Safety Regulation 2017 (NSW), and effective ways to identify and manage health and safety risks arising from sexual and gender-based harassment at work.
Partially commenced on 17 September 2024, the Amendment Act amends the Electronic Transactions Regulations 2020 (Cth) and the Corporations Regulations 2001 (Cth) to make changes relating to superannuation, ongoing fee arrangements, Financial Services Guides, conflicted remuneration, and insurance commissions.
Fully commenced 1 July 2024, the Amendment Act amends the Corporations Act 2001 (Cth), Income Tax Assessment Act 1936 (Cth), Income Tax Assessment Act 1997 (Cth) and the Taxation Administration Act 1953 (Cth) to introduce new rules to protect the integrity of the Australian tax system and improve tax transparency.
Fully commenced 1 July 2024, the Amendment Act amends the Corporations Act 2001 (Cth), Income Tax Assessment Act 1997 (Cth), Taxation Administration Act 1953 (Cth) and the A New Tax System (Australian Business Number) Act 1999 (Cth), to introduce, amongst others, a $30,000 instant asset write-off for small and medium business entities, small business energy incentive, new class of deductible gift recipients, which includes the community charity trust and community charity corporations and the amendments to the AFCA scheme.
Fully commenced 1 July 2024, the Amendment Act amends the Tax Agent Services Act 2009 (Cth) and the Taxation Administration Act 1953 (Cth) to expand whistleblower protections to disclosures made to the Tax Practitioners Board or the Commissioner of Taxation.
Commenced on 1 September 2024, this Amendment Regulation amends the Work Health and Safety Regulations 2022 (Tas) to impose new obligations on persons conducting a business or undertaking who carry out high-risk crystalline silica processes.
Commenced 1 July 2024, the Amendment Regulation amends the Work Health and Safety Regulation 2011 (Qld) to prohibit the manufacture, supply, processing, and installation of all engineered stone benchtops, panels and slabs, with some limited exceptions.
Commencing 27 June 2024, the Amendment Regulations amend the Work Health and Safety (General) Regulations 2022 (WA) to introduce new requirements for the management of crystalline silica substances (CSS) and to prescribe penalties for non-compliance for PCBUs.
Fully commenced on 1 September 2024, this Amendment Regulation amends the Work Health and Safety (General) Regulations 2022 (WA) to introduce requirements for the processing of engineered stone, porcelain products and sintered stone, including introducing penalties for non-compliance.
Commenced in full on 1 July 2024, the Amendment Act amends the Work Health and Safety Act 2012 (SA) to introduce the offence of industrial manslaughter, and to introduce penalties of imprisonment for 20 years for an individual and $18,000,000 for a body corporate for this offence.
Fully commenced on 1 September 2024, this Amendment Regulation amends the Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT) to introduce new requirements for the management of crystalline silica substances (CSS) in workplaces, including penalties for non-compliance.
Commenced 31 July 2024, the Amendment Regulations amend the Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT) to introduce new requirements for the management of crystalline silica substances (CSS) in workplaces and to set new maximum penalties ranging from $1,250 to $30,000, depending on the specific provision and whether the offender is an individual or a body corporate.
Fully commenced on 1 September 2024, this Amendment Regulation amends the Work Health and Safety Regulations 2011 (Cth) and adopts recent amendments to the Model Work Health and Safety Regulations.
Commenced 1 July 2024, the Amendment Regulation amends the Work Health and Safety Regulation 2017 (NSW) to introduce prohibitions and notification requirements on work involving engineered stone, porcelain products and sintered stone.
Commenced on 1 July 2024, the Amendment Act amends the Work Health and Safety Regulations 2022 (Tas) to prohibit the use of engineered stone slabs, panels, and benchtops, with some exceptions.
Commenced on 24 June 2024, the Amendment Act amends the Work Health and Safety Act 2011 (NSW) to create the offence of industrial manslaughter and to introduce penalties of imprisonment for 25 years for an individual or $20,000,000 for a body corporate for this offence.
Commencing 25 June 2024, the Amendment Regulations amend the Work Health and Safety Regulations 2011 (Cth) to introduce new requirements for the development and implementation of silica risk control plans, worker training, air monitoring, health monitoring, and record-keeping when carrying out a high-risk crystalline silica process in the workplace.
Partially commenced 1 July 2024, the Act modernises Western Australia’s workers compensation laws by, among others, providing clarity and consistency in usage of fundamental terms, clarifying the status of contractors in the definition of ‘worker’, clarifying the presumption of work-related injury for workers suffering dust disease, including silicosis, and providing for catastrophically injured workers to receive lifetime care and support under the Catastrophic Injuries Support Scheme.
Commenced 1 July 2024, the Regulations provide guidelines and procedures for workers to claim compensation for their work-related injury and set the weekly rates of income compensation.
Commenced 2 September 2024, the Amendment Regulations amend the Credit Contracts and Consumer Finance Regulations 2004 (NZ) to define BNPL contracts as credit contracts and declare these to be consumer credit contracts, and to provide exemptions for lenders regarding affordability assessment criteria in relation to credit contract activities.
Commenced 29 July 2024, the Exemption Notice has been made to exempt overseas registered banks and overseas licensed insurers that are climate reporting entities under the Financial Markets Conduct Act 2013 (NZ) from the requirement to have their climate statements, or group climate statements, dated and signed by their directors.
Commenced on 1 July 2024, the Natural Hazards Insurance Act 2023 (NZ) replaces the Earthquake Commission Act 1993 (NZ) and contributes to the management of the financial risk to the Crown for providing natural hazard cover by continuing the Natural Hazard Fund and updating offence and penalty provisions.
This module has been created to consolidate and provide more detailed coverage of the requirements under CPS 234 Information Security and associated regulatory guidance. The module covers the following topic areas:
- Board Roles and Responsibilities
- Information Security Capability
- Policy Framework
- Information Asset Identification and Classification
- Implementing Information Security Controls
- Incident Management and Notifications
- Testing Control Effectiveness
- Internal Audit Requirements
- APRA Notifications
This module has been created to consolidate and provide more detailed coverage of the requirements under CPS 230 Operational Risk Management and associated regulatory guidance, including the final Prudential Practice Guide released on 12 June 2024. The module covers the following topic areas:
- Key Principles
- Risk Management Framework
- Roles and Responsibilities
- Operational Risk Management Core Requirements
- Business Continuity Requirements
- Management of Service Provider Agreements
The New Zealand Facilities Management module provides guidance for New Zealand organisations that own, occupy or control workplaces, public premises, electrical installations and works, gas and LPG systems, water systems, waste systems and facilities, car parks, major hazard sites and heritage sites. The module covers how facility owners, operators, and managers are obligated to coordinate with various government agencies to achieve compliance with applicable legislation. This includes working with WorkSafe NZ during investigations and inspections, providing evacuation schemes and other required information to Fire and Emergency NZ, collaborating with local councils for consent and certification processes and coordinating with regulatory bodies such as the Environmental Protection Authority when managing hazardous substances, or Heritage New Zealand for sites of cultural significance.
New set of core and sub obligations on Co-Location including authorised activities, facilities installation permits, conditions and other compliance requirements
New sub obligation on pools and water hazards on education and care premises
New sub obligation to cover the Trans-Tasman retirement savings portability scheme, as set out in Part 12A of the Superannuation Industry (Supervision) Regulations 1994 (Cth)
New sub obligation to cover the Scam-Safe Accord
New content on waste and resource recovery was added to the Waste Management topic
New core and sub obligations on:
- student safety and wellbeing
- behaviour management
- complying with disability standards
- provision of VET courses
- mandatory reporting under the reportable conduct scheme
- student enrolments, and
- staff training and development requirements
New content on digital wallet administration, including:
- managing digital wallets
- marketing digital wallets
- ASIC investigations of digital wallet providers
New content on:
- Scalping restrictions for ticket resales
- Anti-discrimination protections for patrons
- Tobacco and e-cigarettes
- Promotion of tobacco products
- Sale of tobacco and e-cigarettes
New content was added covering:
- The Higher Education Standards Framework, and
- The National Code of Practice for Providers of Education and Training to Overseas Students
New content was added to the National Clinical Trials Governance Framework
New content was added covering compliance with the ATO’s SuperMatch service, including access and use of SuperMatch, consent, customer verification, and disclosure of SuperMatch results.
New obligations have been added to the Home Guarantee Scheme under the Housing Australia Act 2018 (Cth) and the NHFIC Home Guarantee Scheme Rules.
New obligations have been added to cover Victorian critical infrastructure obligations under the Emergency Services Act (Vic) and the Emergency Management (Critical Infrastructure Resilience) Regulations 2015 (Vic).
New obligations have been added to cover Radioactive materials.
New obligations to cover critical business systems, information security, and business continuity plans under Chapter 8B of the ASIC Market Integrity Rules (Securities Markets) 2017 (Cth).
New sub-obligation was added to cover the requirements under the Social Services Regulation 2021 (Vic).
Content updates were made to cover the Tasmanian Premium Player Code of Practice and to provide more granular coverage of the Responsible Gambling Code of Practice.
A new sub obligation was added to cover the requirements imposed under FSC Standard No. 29: Fraud and Scam Mitigation Measures for Superannuation Funds.
New content added on: relief for operators of investor-directed portfolio services from certain requirements under the corporations legislation
New content added on: relief for responsible entities of IDPS-like schemes from certain requirements under the corporations legislation
- Infection Control. Disease Management and Biosecurity [221359]
- New Zealand - Infection Control. Disease Management and Biosecurity [228346]
- International Infection Control, Disease Management and Biosecurity [455858]
Authored in partnership with Kate Mills, Partner at Gadens and Legal Expert for LexisNexis® Regulatory Compliance, this checklist helps you to identify your compliance requirements related to whistleblowing.
This checklist covers Entities Subject to Whistleblowing Laws, Whistleblower Policies and Procedures, Protections for Whistleblowers and more.
FREE REGISTER | About the LexisNexis Regulatory Compliance Whistleblowing Compliance Register
The Whistleblowing Compliance Register assists entities in the public and private sectors with complying with their compliance obligations related to whistleblowing. It informs entities what policies and procedures they should have in place to ensure whistleblowers are protected when they make a disclosure.
In addition, it covers what is eligible for protection under Australian whistleblower protection laws and the protections available to whistleblowers who come forward.
Stockbroking and Share Trading Checklist
Authored in partnership with Douglas Gration, Barrister at List G Barristers and Legal Expert for LexisNexis Regulatory Compliance, this checklist has been designed to help you identify your compliance requirements related to stockbroking and share trading in Australia.
This checklist covers compliance requirements related to Conduct Obligations Relating to the Issue, Sale and Purchase of Financial Products, Market Misconduct, Complying with the Market Integrity Rules for Securities Markets, ASX Trading, Clearing and Settlement and more.
About the LexisNexis Regulatory Compliance Stockbroking and Share Trading Compliance Register
The Stockbroking and Share Trading compliance register provides information and guidance to organisations on how to comply with their legal responsibilities when:
- Providing stockbroking services to clients
- Participating in licensed financial markets
The register covers compliance requirements related to Conduct Obligations Relating to the Issue, Sale and Purchase of Financial Products, Market Misconduct, Complying with the Market Integrity Rules for Securities Markets, ASX Trading, Clearing and Settlement and more.
FREE REGISTER | About the Modern Slavery Compliance Register
The Modern Slavery Compliance Register provides clear guidance on which entities fall into the modern slavery reporting category, as well as what measures, strategies and remedial action should be taken to assess modern slavery risks in operations and supply chains. It also assists entities to prepare their modern slavery statement according to the required content and criteria, approval process and reporting deadlines.
The register also provides information on how to identify and mitigate modern slavery risks in different aspects of your business activities including recruitment and employment practices, workplace operations, procurement and more.
NEW MODULE! Facilities Management Checklist
New Zealand can be a volatile environment, which is why we have developed our latest checklist, with content taken from our New Zealand Facilities Management compliance register, to help you navigate the complexities facing our building management safety protocols.
It covers all pertinent regulatory requirements from WorkSafe New Zealand, Fire and Emergency New Zealand, and Heritage New Zealand Pouhere Taonga.
About the New Zealand Facilities Management Compliance Register
The New Zealand Facilities Management compliance register is a comprehensive resource covering legislative requirements, encompassing workplace health and safety, environmental protection, energy efficiency, hazardous substance management, fire safety, and emergency preparedness. Designed for organizations managing diverse facilities, this new register from LexisNexis Regulatory Compliance equips you with the knowledge and tools to ensure compliance, mitigate risks, and safeguard your operations.
CCCFA Checklist – Updated July 2024
Since 2021, the Credit Contracts and Consumer Finance Act (CCCFA) has gone through several significant changes, making it a challenge to keep up with the compliance requirements.
We understand the strain these constant changes can place on your business, which is why we've developed this complimentary checklist, updated to reflect the recently announced legislative changes that took effect in July 2024, using content from our Financial Industry suite of compliance registers, to help you stay across your required obligations.
LexisNexis Regulatory Compliance Financial Industry Suite:
- AML-CFT
- Bank & Non-Bank Deposit Takers
- Financial Services – Institutional Clients
- Financial Services – Retail Clients
- General Insurance
- KiwiSaver
- Life Insurance
- Listing Rules
New Zealand Social Media Checklist
With more and more organisations relying on social media for a variety of reasons, from promoting your business to monitoring employees’ conduct, it’s vital to be diligent on the latest compliance obligations on the topic. We’ve designed this checklist to do just that.
Taken directly from the New Zealand Social Media obligations register available on LexisNexis Regulatory Compliance, this checklist will streamline your compliance process covering topics like:
- Privacy implications for social media records
- Maintaining workplace safety through preventing bullying and harassment
- Avoiding discrimination against employees by reason of their personal views and activities, including industrial activities on social media…and more!
FREE REGISTER | About the New Zealand Social Media Register
The New Zealand Social Media compliance register draws from the key legislation that comes into play when your organisation uses social media, and equips you to develop a comprehensive programme to monitor your obligations. Social media platforms are increasingly being relied upon by users, and organisations are no exception. While workers may use social media for personal and work-related reasons, organisations rely on it for a variety of legitimate reasons such as monitoring employee’ conduct, as a recruitment process tool, among others. This register combines compliance content with technology to streamline your compliance journey.
Kristin Wilson – Senior Associate, Bell Gully
Kristin specialises in media and consumer law with expertise in advertising, privacy and intellectual property.
Kristin is an experienced litigator with particular expertise in advertising, food law, privacy (including cyber security), media law and intellectual property. She prides herself on providing pragmatic, commercial and timely advice to clients.
- a multinational media company about its privacy and cyber security practices, including assisting to manage data security incidents and corresponding with official agencies to mitigate any fallout.
- a multinational provider of health-care equipment regarding a privacy breach that resulted from extraneous data being collected by the equipment without the knowledge of the client and potentially being improperly disclosed.
- a Dutch-based multi-national client to whom we provided comprehensive cyber security advice in relation to their global implementation of an integrated cyber-security plan, including a thorough review of cyber security laws and practices in New Zealand.
- Overview of FAR and CPS 230
- Bolstering governance frameworks to meet the demands of the new regimes
- What’s required from businesses to comply.
- Explore CPS 230 and CPS 234: A comprehensive breakdown of APRA's operational resilience expectations.
- Widen the Regulatory View: Explore the new international standards around risk and compliance that helped form a broad, common prudential standard.
- Bridge the Gap with Integrated Solutions: Discover how ServiceNow’s cutting-edge platform integrates regulatory content, control libraries, and risk management capabilities, enabling you to streamline compliance efforts and fortify your operational resilience posture.
