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Australian Regulatory Compliance Review
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The practice of scanning ‘proof of identity’ documents is becoming more common.
A business may only scan customers’ identity documents if it is
necessary for its functions or activities. In the first instance
businesses should consider whether identification is required and, if
so, whether simply sighting a ‘proof of identity’ document without
scanning it would be sufficient.
Privacy Commissioner’s Information Sheet
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The Department of Communications, Information Technology and the Arts,
is consulting industry,
small businesses and individuals in relation to unsolicited commercial
faxes, particularly on options that could assist fax users to reduce
the volume of unsolicited material received.
The Department has prepared a short discussion paper (pdf) and questions for comment as part of the consultation process.
The closing date for comments and submissions to the Department is 17 September 2007.
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In Australian Competition and Consumer Commission v Baxter Healthcare Pty Limited [2007] HCA 38 the High Court upheld the ACCC’s appeal against findings by
the Full Federal Court that Baxter Healthcare Pty Ltd was protected
from the operation of the Trade Practices Act 1974 by Crown
immunity.
The ACCC alleged that Baxter breached section 46 of the Trade Pravctices Act by entering into long term, exclusive,
bundled contracts of between three and five years which tied the supply
of sterile fluids to the supply of peritoneal dialysis products, with
each of the purchasing authorities in New South Wales, the Australian
Capital Territory, Western Australia, South Australia and Queensland.
Each State and Territory purchasing authority acquires these products
for supply to publicly funded health facilities, including public
hospitals.
At trial and on appeal, the Federal Court held that if the State
health purchasing authorities with which Baxter was dealing were
entitled to Crown immunity, Baxter was entitled to ‘derivative’ Crown
immunity and was protected from the proceedings brought by the ACCC.
With the High Court deciding that Crown immunity does not
apply to Baxter the matter has been remitted to the Full Federal Court to
consider the underlying issue; whether Baxter’s conduct did constitute
a misuse of market power or had the purpose, effect or likely effect of
substantially lessening competition.
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The Privacy Commissioner, Karen Curtis, has released four new case notes:
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You may not realise it but this site is a weblog (blog).
QUT will be hosting the Australian Blogging Conference on 28 September.
The program includes Business and Corporate Blogging and Legal Issues.
It is being organised by Peter Black. Recommended.
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The Corporations Amendment Regulations 2007 (No. 10) commenced on 23 August 2007. They allow for certain information to be ‘incorporated by reference’ in financial product Statements of Advice and Product Disclosure Statements.
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ACCC Commissioner Ed Willett has spoken about finance sector regulatory issues at the Australian Bankers Association Banking Regulation Forum.
Current issues on the ACCC’s radar regarding the banking and financial services sector include:
At this time the issue of mergers between the big four banks (the Government’s "Four Pillars Policy") is "not one which the ACCC has analysed in any detail or formed a view on".
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The Insurance
Ombudsman Service Limited Board and the Financial Industry Complaints
Service Limited Board and the Banking
and Financial Services Ombudsman Limited have announced that agreement in principle to the merger of
those three schemes had been reached.
It is intended the new scheme will provide dispute
resolution services for over 90% of all the disputes which arise in
relation to the provision of financial services in Australia. The
Service would provide a “one stop shop” for
the vast majority of consumer and small business disputes between the
community and financial services providers.
It is hoped that, subject to the regulatory and other requirements, the new scheme will be operating from 1 July 2008.
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Senator Stott Despoja introduced the Privacy (Data Security Breach Notification) Amendment Bill 2007 into the Senate on 16 August 2007 as a Private Senator’s Bill.
This Bill, if passed, would require organisations and Commonwealth Government
agencies to notify affected individuals of a data security breach involving
their personal information.
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The Governor-General has proclaimed 1 September 2007 as the day on which items 198 to 215, 221 and 222 of Part 3 of Schedule 1 of Corporations Legislation Amendment (Simpler Regulatory System) Act 2007 commence.
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