On 22 December 2017, in the case of ACCC v Colgate-Palmolive Pty Ltd (No 4)  FCA 1590, the Federal Court of Australia dismissed a cartel behaviour case originally brought in 2013 by the Australian Competition and Consumer Commission ("the ACCC") against PZ Cussons Australia ("Cussons"), regarding a suspected cartel relating to the price and supply of laundry detergent concentrates. Justice Wigney, sitting alone, dismissed the case, saying that the ACCC had not proven on the balance of probabilities that there was cartel conduct by Cussons. The case concerned, in particular, sections 44ZZRD and 44ZZRK of the Trade Practices Act 1974 (Cth).
2017 saw a number of legislative reforms in Australia. In Victoria, 69 Acts were enacted. These Acts included important pieces of legislation in particular areas such as: assisted dying; medically supervised injecting centres; climate change; Native Title; environmental protection; and puppy farms.
On 22 December 2017, the Full Court of the Federal Court handed down judgement in the matter of Valve Corporation v ACCC  FCAFC 224. The decision concerned misleading and deceptive statements by Valve Corporation in relation to refunds for unplayable computer games.
In 2017, the NSW Parliament passed 69 Acts. These Acts spanned a number of areas, with particular areas of focus including crime, terrorism offences and police powers, consumer law, and compensation and insurance schemes.
Last year, Timebase reported on the Federal Government's package of legislation, introduced to quell growing concerns within the intelligence community about the influence of overseas agents and political donations. One of the key reforms proposed was legislation requiring lobbyists and former members of Parliament to declare whether they are acting for a foreign country (for more information see our previous article
The final week of December 2017 was a busy time for the Tasmanian Parliament, notifying 16 new statutory rules. They are as follows:
In 2017, the Queensland Parliament passed a total of 44 Acts, with many of the key Acts focussing on criminal legislation reform, child protection, environmental issues and workplace issues.
The Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Bill 2017 (Cth) ("the Bill") was introduced into the Australian Senate on the 6th of December 2017. The Bill proposes to further the Australian Government’s commitment to protecting the Great Barrier Reef.
In a previous article we have reported on the establishment of an inquiry into indigenous incarceration by the Australian Law Reform Commission (the ALRC) at the request of the Australian Government; see our article, Indigenous Incarceration: A New Generation but the Same Inquiry. In a joint Media Release dated Friday, 22 December 2017, the Attorney-General, Christian Porter and the Minister for Indigenous Affairs, Senator Nigel Scullion announced that the Australian Government had received the ALRC's final report on the incarceration rates of Aboriginal and Torres Strait Islander peoples.
The Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2017 (the “Bill”), introduced into the Australian Senate on the 6th December 2017, is the proposed next step in the Australian Government’s commitment to combatting the non-consensual sharing of intimate images. The importance of the proposed legislation is highlighted in the Bill’s explanatory memorandum:
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