Love v Commonwealth; Thoms v Commonwealth  HCA 3
In these cases, the High Court considered the intersection between being Aboriginal Australian and that of ‘alien’ within the meaning of section 51(xix) of the Constitution.
As our energy regulatory bodies continued with business as usual activities in October, much focus was on the Federal Government.
Amongst much political drama, we saw activity in energy and competition policy with the following three developments in particular:
On advice from the Energy Security Board, the Federal Government announced its intention to introduce the National Energy Guarantee, comprising reliability and emissions targets to be met by energy retailers.
The ability for affected parties (namely distribution and transmission networks) to seek a Tribunal review of a revenue determination of the AER on the merits was removed from the Competition and Consumer Act.
Following passage of legislation in October, extensive competition law changes became effective on 6 November 2017.
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The months of December 2019 and January 2020 have proven to be a busy time for our Government and regulators, with significant changes and proposals for the funds and financial service sector. In particular, Treasury have released 17 bills in response to 22 recommendations made by Commissioner Hayne in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Royal Commission), as well as ASIC releasing draft guidance for industry consultation on the new product design and distribution obligations.