doing business in australia – legal perspectives
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Doing Business in Australia – Legal Perspectives. AACC Energy Conference 2014 Lisa Butler Senior Associate ( Admitted in Western Australia) Squire Sanders. Disclaimer. - PowerPoint PPT PresentationTRANSCRIPT
39 Offices in 19 Countries
Doing Business in Australia – Legal Perspectives
AACC Energy Conference 2014
Lisa ButlerSenior Associate (Admitted in Western Australia)
Squire Sanders
39 Offices in 19 Countries
Disclaimer
• The contents of this presentation are general in nature and should not be construed as legal advice related to individual situations or as legal opinions concerning such situations.
• Counsel should be consulted for planning and advice.
• The application of laws and statutes may vary depending on particular circumstances.
• Squire Sanders does not assume liability for any damage that may be caused to anyone as a result of any action or omission on the basis of the information contained herein.
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Levels of regulation
• Foreign investment• Company regulation• Trademarks/Patents
• Environment• Taxes/Fees
• Mining licences
• Development• Planning/zoning
• Industrial relations
• Oil & Gas licences
• Heritage
Common Law
4
Business structures
• Branch office vs. subsidiary company
• Types of companies in Australia Similar but different!
• Use of joint ventures Incorporated vs. unincorporated
• Other entities Partnerships; trust; sole trader; franchises; associations
• Reporting and Compliance
• ASX Listing Rules
5
Foreign Investment Approval
• Foreign Investment Review Board (‘FIRB’)
• Policy based…
• Can apply to offshore companies with Australian subsidiaries or assets
• Thresholds differ depending on nationality of investor and nature of investment US investors State owned companies Sensitive sectors Agriculture – proposed new thresholds
• No threshold for ‘Australian Urban Land’. Beware! ‘Australian Urban Land’ is broader than it sounds.
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Oil and Gas legal framework
• Crown ownership of minerals Statutory licences Commonwealth and State regimes Impact on due diligence
• Environment Commonwealth and State regimes Water
• Land Access Private Land; Nature Reserves; etc.
• Native Title and Aboriginal Heritage
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Native Title
8
Other important considerations
Taxation
• Federal --- Income; CGT; PRRT; Excise; Customs• State --- Land; Payroll• Transaction --- GST; Stamp duty; Registration Fees;
Project/permit fees
Your Workforce
• Visas• Minimum terms and conditions for employees• Superannuation• Unfair dismissal• Occupational health and safety
Competition and
Consumer law
• M&A which substantially lessens competition• Misleading & Deceptive Conduct• Anti-competitive behaviour; Misuse of Market Power; Price
maintenance• Product Liability• Infrastructure Access
9
Dealing with Government
The importance of knowing: the right person to speak to their processes and timeframes their policy (and their view of what the law says)
10
Recent Developments
Change in Federal Government
(Sept 2013)
• Carbon Tax• MRRT
• FIRB – Agriculture• Streamlining
environmental approvals
New Privacy Principles
Planned Competition
Review
Changes to Fair Work legislation
O&G
Regulation
• Moratorium in Victoria
• Review in WA
• Proposed planning regime in Qld
11
Questions?
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