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Australian Regulatory Compliance Review
Australian Technology and IP Business
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The ACCC has announced that it has authorised the latest version of the Australian Direct Marketing Association (ADMA) Code of Practice.
The Code contains standards of marketing by ADMA members in respect of telemarketing, ecommerce and privacy. It also establishes an independent complaints body.to hear consumer complaints about members.
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The Minister for Small Business and Tourism has announced that the Australian Government will review the disclosures section of the Franchising Code of Conduct.
The disclosures section includes information requirements that
franchisors must disclose to prospective franchisees, before deciding
to purchase a franchise. The review will consider all available
evidence and make any necessary recommendations to improve the Code.
The mandatory Franchising Code of Conduct was introduced in 1998 to
improve fair trading in the franchising sector. The Code is supported
by the Office of the Mediation Adviser to ensure speedy resolution of
disputes.
Submissions should be made by August 15 and can be sent to Review of
Franchising Code, c/o Office of Small Business, GPO Box 9839 CANBERRA
ACT 2601.
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The Minister for Communications, Information Technology and the Arts, Senator Helen Coonan, has tabled in Parliament a report on the review of the Spam Act 2003.
The review found that the Australian Communications and Media Authority (ACMA) has undertaken effective and appropriate enforcement of the Spam Act.
Key findings include:
ALSO SEE: Internet Industry Spam Code of Practice
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Microsoft has published a Regulatory Compliance Planning Guide
which maps processes to the key regulatory obligations of a business
and then suggests Microsoft technology (of course) for performing those
processes.
It identifies the key processes as follows:
• Document Management
• Business Process Management
• Project Management
• Risk Assessment
• Change Management
• Network Security
• Host Control
• Malicious Software Prevention
• Application Security
• Messaging and Collaboration
• Data Classification and Protection
• Identity Management
• Authentication, Authorization, and Access Control
• Training
• Physical Security
• Vulnerability Identification
• Monitoring and Reporting
• Disaster Recovery and Failover
• Incident Management and Trouble-Tracking
Even
though it refers to US laws and uses Microsoft resources and products
only this is a useful framework for IT managers and compliance officers.
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The recent decision by Federal Environment Minister Ian Campbell to veto a $220million wind farm in Victoria’s Gippsland because it posed a risk to the small (total of 200) orange-bellied parrot population seemed like a developer’s worst dream: a combination of regulation gone mad, environmental extremists and political intrigue.
But what was the legal basis for the decision? This post by ozelaw explains the Environment Protection and Biodiversity Conservation Act.
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The Consumer Credit and Trade Measurement Amendment Act 2006 was passed by Queensland Parliament on 21 April 2006. Please note that the e-commerce amendments commence on proclamation and this has not yet occurred. The commencement of the e-commerce amendments is likely to occur in early August to allow sufficient time for all States to complete their necessary processes.
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ASIC has extended the transitional compensation arrangements applying under s 912B of the Corporations Act 2001 from 30 June 2006 to 31 December 2006.[CO 06/495]
Section 912B of the Corporations Act requires an Australian financial services licensee who provides financial services to retail clients to have in place arrangements to compensate those persons for loss or damage suffered because of breaches of obligations under Chapter 7 of the Corporations Act.
The Government is still considering what measures are needed to assist with implementation of s912B.
The current transitional arrangements are:
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The Australian Communications and Media Authority (ACMA) has announced it is setting up a Do Not Call Register to protect individuals from unsolicited telemarketing phone calls. The Register will allow people to opt out of receiving such calls. There will be no cost for submitting a telephone number to the Register.
The Register is expected to be up and running in 2007. ACMA is currently drafting an implementation plan for its introduction.
ACMA is also setting minimum national contact standards to regulate telemarketing calls. These standards will cover permitted calling hours, minimum information requirements and termination of calls.
The standards will apply to all telemarketers, including organisations that are exempted from the Do Not Call Register arrangements.
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The Parliamentary Joint Committee on Corporations and Financial Services has delivered its report following its inquiry into corporate responsibility.
On the issue of whether company directors should be obliged to consider the interests of parties other than shareholders, the committee was of the view that the Corporations Act permits directors to have regard for the interests of stakeholders other than shareholders, and that amendment to the Corporations Act is not required.
The committee takes the view that although it is not appropriate to mandate the consideration of stakeholder interests into directors’ duties, or to mandate sustainability reporting, there is a need to seriously consider options to encourage greater uptake and disclosure of corporate responsibility activities.
The report contains 29 recommendations in that respect.
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The Do Not Call Register Bills have been passed by the Senate.
The Bills are now waiting Assent. The are not expected to commence until early 2007.
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