Australian businesses prepare for the new privacy regime
Minter Ellison has the industry knowledge and cross-disciplinary experience to advise and add value throughout the entire agribusiness lifecycle. Our expertise includes ASX listings, organisational structuring and foreign investment; bio-security, import risk & quarantine; intellectual property; managed investment schemes; native title; occupational health and safety; and production and distribution.
Our clients represent every facet of the industry, including manufacturers and distributors, investors, financiers, regulators, producers, retailers and government agencies. We act for some of the largest agribusiness companies in the region and understand the issues they face. We seamlessly integrate lawyers from multiple practice areas to achieve the best outcome for our clients.
The recently released Feeding the Future report – a joint study between the Australian Government and the Government of the People's Republic of China – focuses on strengthening investment and co-operation between the two countries in the agriculture sector. We examine the background to the Report and highlight the history of, and impetus for, strategic and technological co-operation between the two countries. We also analyse the perceived challenges and roadblocks facing Chinese investment in Australia's agricultural sector.
On 28 December 2012, the PRC National People’s Congress passed Amendments to the PRC Labour Contract Law (the Amendments) in relation to the labour dispatch arrangement. The Amendments will come into force on 1 July 2013.
On 31 December 2012, the China International Economic and Trade Arbitration Commission (CIETAC), a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (also known as the China Chamber of International Commerce) (CCPIT), released its Announcement on Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission" (the Latest Announcement). This is the latest development in a dispute, which has been on foot since April 2012, between CIETAC, the Shanghai Sub-Commission of CIETAC (CIETAC Shanghai), and the Shenzhen Court of International Arbitration (SCIA) (the CIETAC Dispute). SCIA was known as the South China Sub-Commission of CIETAC before 22 October 2012.
The Australian Food and Grocery Council recently released its Sustainability Commitment report for 2010-11 setting out its key objectives and targets for improving sustainability in the food & beverage and grocery industry. We highlight these objectives and targets and review the national legislative and policy underpinnings of the Sustainability Commitment in the key areas of water, waste, energy & emissions, packaging and procurement.
The Biosecurity Bill 2012 was introduced into Parliament on 28 November 2012 and will soon become law. When it does it will replace the Quarantine Act as the primary legislative means for the Australian Government to manage the risk of pests and diseases entering Australian territory. It will also impose a raft of new requirements and obligations on researchers and the executive bodies of research institutions.
The release of the Australia in the Asian Century white paper signals a sharp focus on agribusiness as a key strategic industry for Australia. The Australian Government has identified this sector playing a leading role in shaping our economic and political relationships in Asia in the coming years. This report cements our view that Australian agribusiness is a highly significant national industry with major growth potential, especially in the Asian export market. The sector is likely to experience a changing and fast paced legislative and policy environment in the coming years, as the government implements the objectives outlined in the White Paper.
Can the liquidator of a landlord disclaim a lease so that the tenant no longer has any interest in the land? Until the recent decision handed down by the Court of Appeal in the Supreme Court of Victoria, In the Matter of Willmott Forests Ltd (in liquidation), the answer had been no. The decision has potentially wide ramifications for tenants, secured creditors, insolvency practitioners and landlords. In this alert, we explain the basis for the decision and what some of the ramifications may be.
Following discussions and consultation with the industry, the Corporations and Markets Advisory Committee (CAMAC) has published its report on Managed Investment Schemes providing recommendations to the Government on various matters concerning the regulation of managed investment schemes under Chapter 5C of the Corporations Act.
This alert outlines some of the key proposals recommended by the CAMAC.
The Government has recently issued a Green Paper which discusses a number of options and potential policies it may adopt in the development of a National Food Plan. In this alert, we outline the objectives of the National Food Plan and discuss the Green Paper's position on foreign investment in the agriculture sector. We also explain Australia's foreign investment rules for investments in agribusinesses and rural land.
With a view to improve the protection of workers' rights and interests and better regulate the labour dispatch regime, on 6 July 2012, the Standing Committee of the National People's Congress of China released the Draft Amendments to PRC Labour Contract Law. This Alert outlines the five primary modifications to the labour dispatch regime contained in the draft amendments.
On Tuesday, 29 November 2011, as part of its Mid-Year Economic and Fiscal Outlook 2011-12, the Federal Government announced a package of changes intended to raise A$11.5 billion in new revenue and savings.
In Primary RE Ltd v Great Southern Property Holdings (Receivers and Managers Appointed)(In Liquidation) & Ors  VSC 242, the Supreme Court of Victoria upheld the validity of a number of lease terminations effected by the Receivers of three Great Southern land holding companies. This decision will likely deter future investors from challenging lease terminations which are based on the responsible entity's failure to comply with general management covenants under head leases.