AUSTRALIA Law and Practice Contributed by: Scott Colvin, Warren Scott and Lachlan Speirs, Archer Scott Lawyers
8.2 Geographical Scope The Privacy Act has extraterritorial reach. It applies to organisations that carry on business in Australia, including foreign organisations, even where personal information is collected or held outside the country, so a foreign business that targets or deals with cus - tomers in Australia can be subject to the Australian Privacy Principles. The disclosure of personal information overseas is regulated by Australian Privacy Principle 8, under which an entity generally remains accountable for the handling of information by an overseas recipient unless an exception applies, such as comparable protection or informed consent. The statutory tort for serious invasions of privacy may also be relevant to cross-border conduct affecting individuals in Austral - ia, although questions of jurisdiction and applicable law will need to be considered case by case. 8.3 Role and Authority of the Data Protection Agency The Office of the Australian Information Commis - sioner, led by the Privacy Commissioner, regulates privacy at the federal level. It investigates complaints and conducts own-motion investigations, accepts enforceable undertakings, makes determinations and issues guidance, and can seek civil penalties in the Federal Court. The 2024 reforms expanded the regulator’s toolkit, adding tiered penalties, infringement notices for specified breaches and a mid-tier penalty for interfer - ences with privacy that are not serious, and the Com - missioner has signalled a more enforcement-focused approach. In addition, individuals can now bring pro - ceedings directly under the statutory tort, without rely - ing on the regulator to act. 9. Looking Forward 9.1 Upcoming Legal Reforms Several reforms across the fields above are expected to remain prominent through 2026 and beyond.
Merger Control The new mandatory merger regime commenced on 1 January 2026, and further thresholds capturing certain asset acquisitions and voting power changes came into effect from 1 April 2026. The regulator’s guid - ance and its decision-making practice will continue to develop as the market adjusts to the new system. Franchising Australia has the most comprehensive and complex franchising regulation in the world. The remade Fran - chising Code, made as the Competition and Consum - er (Industry Codes—Franchising) Regulations 2024, commenced on 1 April 2025 with a grace period to 1 November 2025, implementing recommendations of the independent review by Dr Michael Schaper. It expands civil penalties, extends protections relating to a reasonable opportunity to make a return on invest - ment and to early termination, and gives the small business ombudsman a power to name franchisors who do not engage in dispute resolution. The gov - ernment has consulted on, but not yet legislated, a possible franchisor licensing scheme. Foreign Investment In May 2026, the government announced a package of reforms to streamline and strengthen the foreign investment framework. From 1 January 2027, it will aim to decide all low-risk applications within 30 days, remove mandatory notification for selected low-risk acquisitions, and extend the default validity of approv - als from 12 to 24 months, while strengthening its tools to scrutinise sensitive sectors and to enforce compli - ance. Where a transaction also requires ACCC clear - ance, foreign investment approval will continue to fol - low the regulator’s decision. Privacy, Data and Anti-Money Laundering A second tranche of privacy reform is being pro - gressed, with the Children’s Online Privacy Code and transparency obligations for automated decision- making to take effect by December 2026. Anti-money laundering and counter-terrorism financing obligations extend to certain designated services provided by lawyers, accountants, conveyancers and real estate agents from 1 July 2026, which is significant for pro - fessional advisers and for property and corporate transactions.
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