Attorney General to pursue uniform national protection for journalists and sources at next Australia, State and Territory law and justice meeting

June 19, 2013

The Attorney General issued a media release announcing that at the next meeting of Attorneys General (and their equivalents) the Commonwealth will be pursuing uniform national protection for journalists and sources.

The press release provides:

LAW AND JUSTICE MINISTERS TO REVISIT JOURNALIST SHIELD LAWS

 Attorney-General Mark Dreyfus QC today announced that the Australian Government will pursue uniform national protection for journalists and their sources at the next Australian and state and territory law and justice ministers meeting.

“Recent court proceedings have highlighted the inadequacy of protections for journalists in some jurisdictions and lack of uniformity in laws across Australia,” Mr Dreyfus said.

“Journalists play Read the rest of this entry »

Privacy Amendment (Privacy Alerts) Bill 2013 referred to The Senate Legal and Constitutional Affairs Legislation Committee today

June 18, 2013

Today the Senate referred the Privacy Amendment (Privacy Alerts) Bill 2013 to the Senate Legal and Constitutional Affairs Committee today (the Committee’s  home page is found here).

The Committee is due to report next Monday, 24 June 2013.  Submissions to the Committee close at midday on 20 June 2013.

The Committee’s inquiry page (found here)  provides:

Privacy Amendment (Privacy Alerts) Bill 2013

Information about the Inquiry

On 18 June 2013 the Senate referred the Privacy Amendment (Privacy Alerts) Bill 2013 for inquiry and report.

The bill seeks to amend the Privacy Act 1988 (Cth) to introduce mandatory data breach notification provisions for Commonwealth government agencies and certain private sector organisations.

Please note that submissions close at midday on 20 June 2013

Submissions should be received by 20 June 2013. The reporting date is 24 June 2013.

The Committee is seeking Read the rest of this entry »

Attorney General releases position paper on proposed regulations to the Privacy Amendment (Enhancing Privacy Protection) Act 2013

June 12, 2013

The Attorney General’s Department has released a position paper (found here) on the regulations which are being drafted.

The Position paper provides:.

Table 1—Regulation-making powers relating to Read the rest of this entry »

My general review of the Privacy Amendment (Privacy Alerts) Bill 2013.

June 4, 2013

In this post I have undertaken a general review of the Privacy Amendment (Privacy Alerts) Bill 2013 and each of its provisions.  The Bill’s homepage is found here.

SECOND READING SPEECH

In any review it is useful to set out the second reading speech of the Minister responsible for the legislation.  In this case that is the Attorney General, Mark Dreyfuss.

It provides:

The introduction of the Privacy Amendment (Privacy Alerts) Bill 2013 is the next key step in the government’s major reform of Australia’s privacy laws.

It is a long overdue measure that was recommended by the Australian Law Reform Commission in 2008.

It will introduce a new consumer privacy protection for Australians that will keep their personal information more secure in the digital age. It will also encourage agencies and private sector organisations to improve their data security practices.

In its 2008 privacy report, the Australian Law Reform Commission found that, as government agencies and large companies collected more and more personal information online, there was an increasing risk that this could become subject to data breaches. There were studies to show that the frequency of data breaches was increasing and their consequences were becoming more severe.

This trend has continued Read the rest of this entry »

Privacy Amendment (Privacy Alerts) Bill 2013 introduced into Commonwealth Parliament and read a second time

May 29, 2013

The Privacy Amendment (Privacy Alerts) Bill 2013 was introduced into Parliament and read a second time today.  The homepage for the legislation is found here.  The Bill is found here (in PDF format).  The Explanatory Memorandum is found here.

The Second Reading Speech was moved.

A bill to be introduced into Federal Parliament to require businesses and government agencies of dta breaches affecting individuals’ privacy

May 28, 2013

The Attorney General held a press conference and issued a press release announcing the introduction into the Parliament of legislation requiring mandatory notification of data breaches which affect privacy.

The press release states:

PRIVACY ALERTS TO NOTIFY AUSTRALIANS OF DATA BREACHES

 

New laws to be introduced in Parliament tomorrow will require businesses and government agencies to notify people when a data breach affecting their privacy occurs.

“With businesses and government agencies holding more information about Australians than ever before, it is essential Read the rest of this entry »

Platinum Communications Pty Ltd v Computer Networks Pty Limited [2012] FCA 1260 (14 November 2012): statutory demand, application to set aside, amendment

December 19, 2012

Griffiths J in Platinum Communications Pty Ltd v Computer Networks Pty Limited [2012] FCA 1260 considered an amendment to application to set aside a statutory demand.

FACTS

The plaintiff, a retailer, and the defendant, a software provider, entered into an agreement whereby the plaintiff would use the defendant’s software under licence and receive related services for payment [1].  When the software was switched on the plaintiff suffered difficulties in many of its stores [7].  The plaintiff claimed Read the rest of this entry »

Privacy Amendment (Enhancing Privacy Protection) Bill 2012 passes the Senate with amendments

November 27, 2012

Tonight the Privacy Amendment (Enhancing Privacy Protection) Bill 2012 passed the Senate with amendments.

Those amendments are:

The 40 Government amendments:

(1)     Clause 2, Read the rest of this entry »

360 Capital Re Limited v Watts & Ors [2012] VSCA 234 (4 October 2012):Changes to constitution, restrict ability of members to convene and conduct meetings, whether proposed changes adversely affecting members’ rights , section 601GC of Corporations Act 2001

October 11, 2012

The Victorian Court of Appeal in 360 Capital Re Limited v Watts & Ors [2012] VSCA 234 dismissed an appeal from a decision in Watts & Watts & Ors v 360 Capital Re Limited & Anor [2012] VSC 320 which held modifications to the 360 Capital Fund’s constitution were invalid for want to compliance with section 601GC(1)(b) of the Corporations Act 2001 (the “Act”).

FACTS

The 360 Capital Industrial Fund (“360 Capital”) is a managed investment scheme under Chapter 5C of the Act. There are 180.63 million units in the Fund. The Constitution of the Fund relevantly provides, at [4] :

1) Clause 5.1(a): The Trustee could only issue units in accordance with clause 5 and subject to the Constitution.

2) Clause 5.2(a): The Trustee could not grant Options unless the Trust were Listed.

3) Clause 5.4: New Units were required to be issued at a price determined in accordance with clause 5.4.

4) Clause 13.5(a): An Option did not confer on the Optionholder any interest in the Fund.

On 31 May 2012 the directors of 360 Capital executed a Supplemental Deed Poll which Read the rest of this entry »

Corporations Legislation Amendment (Derivative Transactions) Bill 2012 introduced into the Commonwealth Parliament yesterday

September 14, 2012

Yesterday the Corporations Legislation Amendment (Derivative Transactions) Bill 2012 was introduced into the House of Representatives.

It is a lengthy and significant bill providing:

Part 1—Amendment of the Corporations Act 2001

Corporations Act 2001

1  Section 9

Insert:

Australian derivative Read the rest of this entry »