Insights

There have been significant developments to the Australian online content regime in recent months. The main ticket item – an upcoming social media ban for persons under the age of 16 – attracted widespread attention both within Australia and overseas.

One of the more overlooked reforms to the Privacy Act 1988 (Cth) (the Act) has been the new civil penalty provisions. The reforms introduce new ‘low level’ penalty provisions which empower the Office of the Australian Information Commissioner (OAIC) to issue infringement notices or compliance notices where an entity fails to comply with the Australian Privacy Principles (APPs) or where they issue a non-compliant eligible data breach statement.

With reforms to the Privacy Act 1988 (Cth) on the horizon, a recent UK case provides guidance to Australian online gambling operators about best practice in obtaining online consent.

Significant reforms to strengthen protections for NSW’s biodiversity came into effect on 7 March 2025.

This week, Liquor & Gaming NSW opened a public consultation period and invites submissions on the next stage of gaming reforms in NSW.

Part 3 of the Cyber Security Act introduces ransomware reporting obligations that require “reporting business entities” to provide a ransomware payment report.

Digital assets businesses operating without an Australian financial service licence (or without being an authorised representative of a licensee) should be prepared to substantiate and justify why their digital asset(s) or related products or arrangements are not regulated financial products, in all aspects of their offering, says ASIC.

On 29 November 2024, both Houses passed the Privacy and Other Legislation Amendment Bill 2024 (Cth) (Bill). The Bill adopts a significant number of reforms to the Privacy Act 1988 (Cth) (Privacy Act) proposed by the Government. As the Bill has received Royal Assent, the reforms are incorporated into the Privacy Act.

On 1 January 2025, the Fair Work Act 2009 (Cth) will be varied to make it a criminal offence to intentionally underpay an employee (Wage Theft Offence). There will also be increased civil penalties for employers who are found to have inadvertently underpaid an employee.

On 29 October 2024, the Australian Privacy Commissioner has determined that the use of facial recognition technology by Bunnings Group Limited breached the privacy of individuals by collecting their personal and sensitive information.