Late last year, by narrow majority, the High Court of Australia ruled in Vanderstock v State of Victoria [2023] HCA 30 (Vanderstock) that the Victorian Zero and Low Emission Vehicle Distance-Based Charge Act 2021 (Vic) (ZLEV Act) was unconstitutional and invalid, given the annual charge imposed by the Victorian Government was a ‘duty of excise’ …
Continue reading “Taking ‘stock’: legality of State mining royalties following Vanderstock”
Despite some fundamental similarities, financing of Australian energy and resources projects looks very different depending on whether the project is a renewables or resources project. The resources industry continues to finance and fund in unconventional ways from within, while the renewable energy sector continues to seek conventional debt financing to fund their projects. As funding …
Continue reading “‘Funding’ the way: navigating the investment maze”
Key takeaways Australian economic environment A noticeable market trend over recent years, particularly in 2023, is the increased use of convertible notes by listed and larger established Australian resources and renewables companies. This fundraising instrument has traditionally been associated with early-stage venture capitalists and start ups in their seed financing stages. However, the utility of …
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In this article, we look at what policies are being implemented overseas to drive decarbonisation of the transport industry. We compare what incentives are being offered at a national and international level, and what further support we need to see to secure Australia’s mining, processing, and manufacturing position in the global EV supply chain. The …
As described in our Critical Minerals market update, the Critical Mineral Strategy 2023-2030 (Strategy) proposes to take a concerted, targeted, and proportionate approach to developing Australia’s critical minerals sector, setting out six focus areas. One focus area being to work with likeminded international partners to attract and leverage foreign investment and diversify supply chains. The …
The Australian renewable landscape continues to evolve, with the Federal Government’s increased involvement and investment in renewable energy projects at all levels, as Australia continues its push towards the target of 82% national renewable electricity generation by 2030. Notwithstanding the increased Government support, new and old hurdles for renewable energy proponents continue to impact projects …
After early predictions of a sharp decline in resource and energy commodity prices heading into 2024, measures introduced by the Chinese Government to stabilise the nation’s residential property sector, and the global focus on emissions reduction, have resulted in an elevated demand for a variety of commodities, stabilising the price fall. Despite this, the record …
In June 2023, the Federal Government published the Critical Minerals Strategy 2023–2030, setting out the government’s vision to grow Australia’s critical minerals sector. Australia’s Critical Minerals Strategy Key objectives of this Strategy include: The Strategy includes six key focus areas: By 2030, the Strategy aims to have grown the geostrategic and economic benefits of its …
Queensland’s Energy and Jobs Plan has been enacted into law, with the passing of the Clean Economy Jobs Act (Qld) 2024 (Clean Economy Jobs Act) and the Energy (Renewable Transformation and Jobs) Act (Qld) 2024 (Renewable Transformation Act), strengthening Queensland’s position in Australia’s energy transition. While both Acts passed on 18 April 2024, they are …
After 27 years, the Australian Standard General Conditions of Contract, AS4000, is receiving an update. The proposed update has just been released for public comment until 29 May 2024 and is accessible via the Standards Australia website here. [i] Although a lot has changed in 27 years, the amendments to AS4000 are not radical. The drafting …
Who should read this? All principals, head contractors and subcontractors performing building and construction work in Queensland. Proposed Project Trust Account Clarifications On 14 February 2024, the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2024 (Qld) (Bill) was introduced with the aim of clarifying the operation of the project trust account …
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On 18 January 2024, the Australian Law Reform Commission (ALRC) tabled its final report into the legislative framework for corporations and financial services regulation, containing 58 recommendations that aim to transform corporations and financial services legislation into a more efficient and user-friendly legislative framework. We summarise the recommended legislative framework below and explore ALRC’s proposed …
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Prosecutions for most offences against the Work Health and Safety Act 2011 (NSW) (WHS Act) are subject to a two year limitation period. While many have believed that prosecutions must be commenced within two years of an incident or the offence occurring, a recent decision has confirmed that view is not correct. In SafeWork NSW …
Continue reading “Limitation periods under the WHS Act: when does the clock start ticking?”
On 13 February 2024, the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024 (Powers and Penalties Bill) was introduced to further enhance the powers and penalties provisions of the Environmental Protection Act 1994 (Qld) following on from the Jones review. In previous articles, we have discussed the Jones Review and its impact …
This insight article was initially published on OneTrust DataGuidance, which can be viewed here. On September 28, 2023, the Australian Government released its response to the Attorney General’s Privacy Act Review Report (Response). The Response is the culmination of several years of work and several stages of reporting and engagement, following the initial recommendation in …
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The Federal Government has announced its plan to accelerate Australia’s progression towards its 2030 Renewable Energy Target, by implementing an underwriting scheme to drive further investment in Australia’s energy market (Capacity Investment Scheme or Scheme). Current state of play While solar and wind are cost-effective forms of energy generation, reliability issues, grid connection, land access, …
Partner Alex Hutchens, Special Counsel Rebecca Lindhout and Lawyers Sebastian Galetto and Alex Komarowski have authored the Australian chapter of the Legal 500 Country Comparative Guide for Artificial Intelligence. Whilst there is currently no AI-specific regulation in Australia, a variety of existing legislation will apply to AI’s broader deployment in Australia. Our experts provide an …
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The financial assistance provisions in the Corporations Act 2001 (Cth) (Act) have been around for many years and arise as a consideration in a wide range of commercial transactions. This article provides a summary of when the financial assistance legislation applies, and the options available to comply with the applicable requirements in the context of …
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Why does this matter? ‘Senior Officers’ within the meaning of the Stream A Award (Award) can be excluded from Award and certified agreement coverage. That exclusion is relied upon by councils to facilitate flexible employment arrangements for senior staff. However, if an employee is incorrectly treated as a Senior Officer, there is a significant risk of an …
On 28 November 2023, reforms enacted last year to the Privacy and Personal Information Protection Act 1998 (NSW) (PPIPA) will come into effect. These reforms introduce a Mandatory Notification of Data Breach Scheme (MNDB Scheme) that applies to all NSW government agencies – including universities, local governments and state-owned corporations. The MNDB Scheme replaces …
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