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November 2, 2007

ACCC v Visy decision

ABC News reports that the Federal Court has fined Visy $36million over its involvement in a price fixing cartel. (Also The Age)

Visy’s former chief executive Harry Debney, who accepted responsibility for his part in the cartel, was fined $1.5 million. (Debney resigned as Visy CEO last week).

Former general manager Rod Carroll, who also accepted responsibility for the cartel, was fined $500,000.

Richard Pratt, as owner of Visy (and will bear the penalty indirectly), escaped a personal fine.

See video of decision announcement by Judge Heerey.

UPDATE: ACCC has welcomed the record penalties.

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Posted 2nd November 2007 by David Jacobson in Trade Practices

November 1, 2007

ASIC issues regulatory guide on unlisted, unrated debentures

ASIC has:

Regulatory Guide 69 Debentures – Improving disclosure for retail investors (RG 69).

All
existing unlisted and unrated debenture issuers will be required to provide enhanced reporting to investors by 1 March 2008.

Any new issuers entering the market from 1 December 2007 will be required to disclose against the 8 benchmarks in RG 69 from that date.

ASIC has issued a Regulatory Impact Statement on RG 69.

Consultation Paper 94 Debenture advertising and draft regulatory guide on debenture advertising (CP 94)

ASIC will consult for one month on the issue of debenture advertising and has released a
draft regulatory guide as part of the consultation paper to facilitate
this further consultation.

In particular, ASIC is interested in assessing, with
industry, the practical issues faced by publishers in screening and
detection of advertisements. Comments on the draft regulatory guide are
due by 30 November 2007.

ASIC will release a final regulatory guide in
December and will expect debenture issuers and publishers to comply
with the guide from early January 2008.

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Posted 1st November 2007 by David Jacobson in Financial Services

Review of the Legal Deposit scheme

Under s 201 of the Copyright Act 1968, Australian publishers of ‘library material’ are required to deposit copies of that material with the National Library of Australia (NLA). The scheme only applies to material that is published in Australia. ‘Library material’ is defined broadly and includes all paper-based publications, books, pamphlets, sheet music, and periodicals (s201(5)). Non-compliance with the requirement to deposit set out in s 201(1) constitutes an offence attracting a $100 penalty.

Publishers are not entitled to payment or compensation for depositing items as required by the scheme.

The scheme does not currently apply to films, sound recordings or other materials in an electronic form such as web material or books published electronically but submissions have been invited by 11 January 2008 on a discussion paper which considers extending the scheme to include audiovisual and electronic material.  (for discussion see Law Font).

The review of the legal deposit scheme raises issues for arts policy,
our heritage and national collections policy, information technology policy and
copyright law policy.

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Posted 1st November 2007 by David Jacobson in Compliance

Privacy Commissioner’s 2006-07 Annual Report

The Privacy Commissioner has published The Operation of the Privacy Act Annual Report 2006-07

The summary (pdf) contains data on enquiries received, complaints received and policy submissions made.

The Commissioner has forecast her office taking a more proactive approach.

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Posted 1st November 2007 by David Jacobson in Privacy
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