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Oct 2, 2024 | 
lexology.com | Cameron Whittfield |Peter Jones |Merryn Quayle |Brendan Donohue |Josh Kain |Christine Wong | +4 more
September was a big month in Australian cyber. Regulators and government agencies competed for headlines. Threat activity was prolific. The Australian Financial Review Cyber Summit drew heavyweights from across the sector. And HSF released its 2024 Cyber Risk Survey report!At the Summit, Minister Burke gave us a taste test of upcoming cyber law reform. There was a lot of discussion around the so-called ‘limited use’ provisions, as industry came to grips with the fact it will not offer ‘safe harbour’.
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Sep 5, 2024 | 
lexology.com | Christine Wong |Daniel R. Hyde |Jacqueline Wootton |Leon Chung
On 8 September 2024, the new offence of ‘failing to prevent ‘Associates’ bribing foreign public officials’ comes into effect. This is a strict liability corporate offence (see our website for an overview). There is an adequate procedures defence available to companies, in relation to which the Commonwealth Attorney General is required to publish guidance. The final Guidance on adequate procedures to prevent the commission of foreign bribery was published last week.
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Sep 2, 2024 | 
lexology.com | Cameron Whittfield |Peter Jones |Merryn Quayle |Brendan Donohue |Josh Kain |Christine Wong | +6 more
We celebrated Corporate Plan season in August, with each of APRA and ASIC noting that cyber resilience is a key area of focus and investment for the 2024-25 period. In the context of persistent delays to Privacy Act reform, the OAIC is focusing on preserving its regulatory remit regarding the NDB scheme.
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Aug 5, 2024 | 
lexology.com | Cameron Whittfield |Peter Jones |Merryn Quayle |Brendan Donohue |Josh Kain |Christine Wong | +4 more
The CrowdStrike/Microsoft outage naturally dominated headlines in July. It will likely have a short-term impact on the insurance market and the cybersecurity market more generally – a market in which one player notably decided to go it alone, after Wiz rejected Google’s takeover offer. Before Minister Tony Burke assumed responsibility for the cyber security portfolio,Minister Clare O’Neil foreshadowed a new bill that would mandate the disclosure of ransom payments if passed.
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Jul 2, 2024 | 
law360.com | Carrie Cohen |Christine Wong
By Carrie Cohen and Christine Wong (July 2, 2024, 3:39 PM EDT) -- The U.S. Supreme Court's decision last week in Snyder v. U.S. marks another significant moment in the evolving landscape of federal anti-corruption law.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
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Jul 2, 2024 | 
lexology.com | Cameron Whittfield |Peter Jones |Merryn Quayle |Brendan Donohue |Josh Kain |Christine Wong | +4 more
June started off with a bang, when the OAIC launched proceedings against Medibank for its alleged breach of the APPs. Other regulators were busy too, with ACMA pursuing Optus for non-compliance in relation to its 2022 data breach and APRA clarifying its expectations regarding the adequacy of backups. Data stolen from Ticketek and Victoria Racing Club has reportedly been leaked, and MediSecure has demonstrated the financial distress that a cyber-attack can cause.
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May 6, 2024 | 
lexology.com | Leon Chung |Jacqueline Wootton |Christine Wong |Natasha Reurts |Priscilla Bourne |Kayla Laird
In a landmark case, the Federal Court of Australia has directly considered the scope of the Australian Autonomous Sanctions Regulations (2011) (Cth) (Regulations), marking the first instance where an Australian court has interpreted the prohibitions on sanctioned supplies (regulations 4 and 12) and dealings with designated persons and entities (regulation 14).
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May 6, 2024 | 
lexology.com | Leon Chung |Jacqueline Wootton |Christine Wong |Natasha Reurts |Priscilla Bourne |Kayla Laird
Recently, the Federal Court of Australia handed down its judgment in Tigers Realm Coal Limited v Commonwealth of Australia [2024] FCA 340, considering the interpretation of the word ‘transport’ in regulation 4A of the Autonomous Sanctions Regulations 2011 (Cth) (the Regulations). This decision marks yet another recent decision by the Federal Court of Australia regarding Australia’s autonomous sanctions regime.
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May 6, 2024 | 
lexology.com | Leon Chung |Jacqueline Wootton |Christine Wong |Natasha Reurts |Priscilla Bourne |Kayla Laird
Autonomous Sanctions Amendment Bill 2024 On 24 February 2024, the Australian Parliament tabled the Autonomous Sanctions Amendment Bill 2024 (the Bill) to amend the Autonomous Sanctions Act 2011 (Cth) (the Act).[1] The purpose of the Bill was to clarify: “that individuals and / or entities can be validly sanctioned based on past conduct or status”;[2] the validity of sanctions imposed on the basis of past conduct or status, or with respect to past circumstances; and the validity of sanctions...
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Feb 12, 2024 | 
lexology.com | Jacqueline Wootton |Merryn Quayle |Leon Chung |Mark Smyth |Bryony Adams |Anna Sutherland | +5 more
In this issue 01 Corporate crime and investigationsoutlook 2024: Trends in Australia and beyond02 Foreign bribery law reform: third time lucky?
