Articles

  • 1 month ago | lexology.com | Rani John |Steven Blackburn

    Click here to watch a video. This episode discusses what you need to know about conducting an ABC risk assessment. A key to having in place 'adequate procedures' that can serve as a defence to the new Australian corporate offence of failing to prevent foreign bribery is having an effective anti-bribery compliance program, developed using a risk-based approach. Rani John:Hi everyone, welcome to this episode of our video series ABC Bites.

  • Jun 7, 2024 | ashurst.com | Mark Bradley |Rani John

    In a recent decision, the Federal Court has relieved a crypto asset provider from paying pecuniary penalties for offering unlicensed financial advice and an unregistered MIS. The Court has power to relieve liability for contraventions of civil penalty provisions under the Corporations Act (and also the National Consumer Credit Protection Act, with a similar provision under the ASIC Act).

  • Apr 19, 2024 | ashurst.com | Rani John |James Clarke

    The Federal Court has considered in detail the application of Australia's sanctions regime to exports and related services. The judgment will help to guide the development of effective contractual protections against sanctions exposure. Australian businesses and compliance professionals should assess and update their risk and compliance strategies in response to new signposts from the Federal Court.

  • Mar 4, 2024 | ashurst.com | Rani John

    The Government has passed legislation to reform Australia's foreign bribery offences. The legislation:(a) introduces a new corporate offence of failing to prevent foreign bribery. The new offence makes companies liable for foreign bribery by their 'associates' (defined to include employees and contractors), unless they can show they had 'adequate procedures' in place to prevent such activity from occurring; and(b) simplifies and expands some aspects of the existing foreign bribery offence.

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