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New Laws for Introduction Agents
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From 17 February 2003, all introduction agencies who offer services to people in Queensland (whether in person or over the internet) will be required to:
* provide pre-contractual disclosure statements and written contracts;
* limit the amount of money they collect before services are provided (for more expensive contracts); and
* provide a three-day 'cooling-off' period in which a client can cancel the contract for a limited small fee.

The new laws also require people intending to operate an introduction agency from 17 February (or after) to obtain a licence before they operate their business.

Introduction agencies that exist before 17 February have six months (until 17 August 2003) to obtain their licence to enable them to continue operating.

More information

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Corporations Act update
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The Corporations Legislation Amendment Bill 2002, the Corporations (Review Fees) Bill 2002 and the Corporations (Fees) Amendment Bill 2002 were all introduced in the House of Representatives on 12 December 2002 and will be debated this year.

If passed, around one million proprietary companies will no longer need to provide ASIC with an annual return, significantly reducing paperwork. An annual review fee will replace the present annual return fee. The review fee will be payable two months after the anniversary of a company's registration or an alternative date nominated by the company and approved by ASIC.The Government announced in the 2002 Budget that the annual fee for proprietary companies would remain capped at $200 until 30 June 2004.

Companies would still need to notify ASIC of certain basic changes in company details as they occur. However, if there are no changes, no paperwork will need to be lodged.

The Corporations Legislation Amendment Bill will repeal section 201C of the Corporations Act to remove the prohibition on the election or re-election of directors of a public company (or a subsidiary of a public company), who have reached 72 years of age.

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New Design Bills
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On 11 December 2002, the Designs Bill 2002 and the Designs (Consequential Amendments) Bill 2002 were introduced into the House of Representatives. The Bills are to be debated this year.

The amendments include measures to deal with specific copyright issues concerned with industrialisation and sale of unprotected designs.

Copyright protection for essentially industrial products is removed. The broad policy is that artistic works commercially exploited as three-dimensional designs should generally be denied copyright protection. However, artistic works exploited as two-dimensional designs will continue to receive copyright protection.

Download the Bills (and associated material such as the explanatory memoranda).

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Application of Privacy Laws
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The Privacy Commissioner has given examples of how the Privacy Act applies in everyday circumstances:

Housing: A woman found she could not rent a property because she was listed on a tenancy data base five years ago. The incident related to damage to a property that a subsequent insurance investigation established was not her fault. She would be entitled to have her record corrected.

Health: A man asked his Doctor for access to his medical record. Because the organisation in question had not requested ID as part of their normal approach to providing access, the file had already been incorrectly provided to someone else. The Privacy Act requires organisations to protect personal information from misuse and unauthorised use, or unauthorised disclosure to others.

Finance: A woman wanted to follow up on an insurance company’s decision not to pay a claim, by getting access to the information on which the company based its decision. There are exceptions to where organisations are required to provide access to personal information, but even where these apply, organisations must consider the use of intermediaries to organise some sort of access.

Web surfing: An IT software company was collecting information such as browser versions from its clients without telling them. Their intention was to save their clients’ time. Nevertheless the Privacy Act requires them to advise their clients that they are collecting this information.

Employment: A man was approached to see if he was interested in a job. He was, so he submitted references and his resume, was interviewed a number of times, and was then offered the job. The offer was withdrawn two weeks later without explanation. The man asked what personal information had been collected about him and from whom. The organisation concerned declined to supply the information. Again, organisations are generally obliged to provide access, and where exceptions apply, they must consider the use of intermediaries to organise some sort of access.

Shopping: A woman attempted to buy a CD. When she went to pay, the retailer requested her private address. The woman did not provide it, and the retailer refused to sell her the CD. The Privacy Act requires organisations not to collect personal information unless it is necessary for one or more of its functions. It also requires organisations to provide individuals with the option of not identifying themselves, where this is lawful and practicable.

From the Office of the Federal Privacy Commissioner

 
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WIPO Domain Name Arbitrations
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WIPO has published its latest arbitration decisions on domain name disputes.

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Privacy case notes
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The Commissioner publishes case notes periodically to illustrate the types of cases resolved by the Office under the Privacy Act 1988. The notes do not identify the parties to the complaint. Identities are kept confidential to maintain the privacy of the parties involved.

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Estate administration
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Executors often need guidance on what their duties involve. Our article on the processes involved in estate administration is now on our website

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IP protection
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Businesses need to have an IP Plan. Our article on IP protection sets out the steps to take.

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Splitting superannuation
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The Family Court can make orders splitting superannuation between divorcing couples. Our article looks at the implications.