AUSTRALIA
Since July 1999, as amended in July 2018
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
New Tax System Act 1999
According to Australia's de minimis rule, goods with a value of up to AUD 1.000 (approx. 650 USD) are exempt from taxes and duties collected by customs. This is above the 200 USD threshold recommended by the International Chamber of Commerce (ICC). Under the New Tax System Act 1999, as amended in 2018, Goods and Services Tax (GST) applies to retail sales of low-value goods, services, or digital products (AUD 1,000 or less, equivalent to 650 USD) to Australia when purchased by consumers. For low-value goods, GST is collected through the sale, not at the border, thereby replacing the de minimis rule. Before July 1, 2018, consumers in Australia could purchase products from international sellers and have them imported duty and tax-free as long as the product value was less than AUD 1,000. The change was intended to increase the competitiveness of domestic retailers, as opposed to foreign retailers.
Coverage Horizontal
AUSTRALIA
Since December 2012
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Guidelines on the Interpretation of Policy Rules for Open 2LDs
According to the Guidelines on the Interpretation of Policy Rules for Open 2LDs, in Australia, it is not possible to register directly under a ".au" domain, and therefore it is required to have a registration under the open second level domains such as ".com.au" or ".org.au." A company that wants to register for the second-level domain needs to be a registered Australian company or a foreign company licensed to trade in Australia. For certain second-level domains such as "id.au", the registrants must be Australian citizens or residents. The domain name policies were approved in 2012.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230327142645/https://www.auda.org.au/policy/2012-05-guidelines-interpretation-policy-rules-open-2lds
- https://web-solutions.eu/domain-names-australia.htm
- https://web.archive.org/web/20210304082744/https://auda.zendesk.com/hc/en-us/articles/200129160-What-kind-of-domain-name-can-I-get-in-the-au-domain-name-space-
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AUSTRALIA
Since January 2011
Since March 200, last amended in June 2011
Since March 200, last amended in June 2011
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Competition and Consumer Act 2010
Electronic Transactions Act 1999
Electronic Transactions Act 1999
The Competition and Consumer Act 2010 provides a comprehensive framework for consumer protection that also applies to online transactions. The Act provides a set of guarantees for all Australian consumers when they purchase certain goods or services from physical and online Australian retailers. In addition, electronic signatures are regulated and permitted under the Electronic Transactions Act 1999 (Section 10).
Coverage Horizontal
Sources
- https://web.archive.org/web/20221204223935/https://www.legislation.gov.au/Details/C2021C00055
- https://web.archive.org/web/20210919054151/https://www.legislation.gov.au/Details/C2005C00484
- https://web.archive.org/web/20231025143339/https://consumer.gov.au/australian-consumer-law/legislation
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=au
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AUSTRALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Australia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
AUSTRALIA
Since 2011
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Australia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
AUSTRALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Australia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
AUSTRALIA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Australia's law and jurisprudence. It is reported that the basis on which third parties are liable for the actions of individuals online is confusing and, viewed as a whole, largely incoherent. The result is a great deal of uncertainty.
Coverage Internet intermediaries
AUSTRALIA
Since December 2014, last amended in April 2017
Pillar Intermediary liability |
Sub-pillar User identity requirement
Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017
According to the Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017, telecommunication companies must identify their customer when that customer wants to activate a prepaid mobile service. According to Part 4 of the law, to activate a new prepaid mobile service, customers need to give their telecommunication company their name, date of birth, and home address (or business name and address if acting on behalf of a business). Proof of ID is also necessary.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221029094500/https://www.legislation.gov.au/Details/F2017L00399/Html/Text#_Toc478627143
- https://www.acma.gov.au/acmas-rules-id-checks-prepaid-mobiles
- https://www.legislation.gov.au/F2017L00399/latest/text
- https://www.acma.gov.au/articles/2022-04/acma-moves-shut-down-sim-swap-scams
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AUSTRALIA
Since March 1995, as amended in April 2019
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Criminal Code Amendment (Sharing of Abhorrent Violent Conduct) Act 2019
The Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 subjects Internet service providers and content providers to criminal penalties for the failure to report or remove "abhorrent violent material" that the providers have reasonable grounds to believe records or streams abhorrent violent conduct in Australia (Section 434.33-34). The Act has been largely criticised for its ambiguous terms such as "terrorist act," "expeditiously," and who will be prosecuted within the business organisation if found to be in violation of the Act. It is reported that the Act, because of its vague standards and high penalties, would incentivise rational service providers to err on the side of taking down more material than necessary. Although the Act does not establish a blanket content monitoring obligation, it does stipulate that in cases involving "abhorrent violent conduct," Internet hosts are expected to exert reasonable efforts to monitor and promptly deactivate such materials.
Coverage Internet intermediaries
AUSTRALIA
Since June 2021
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Online Safety Act 2021 No. 76
Australia enacted an Online Safety Act that places additional responsibilities on digital platforms and internet service providers (ISPs) to monitor and remove harmful content posted on their services. Specifically, the Act reduces the time a site owner or ISP has to remove harmful content from 48 hours to 24 hours when served with a removal notice by the eSafety Commissioner. It also provides the eSafety Commissioner additional information collection powers and the power to require ISPs to disable access to material depicting violent conduct for a limited period during “crisis situations.”
Coverage Digital platforms and internet service
AUSTRALIA
Since April 1994
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Australia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220119032906/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc6.pdf
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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AUSTRALIA
Since 2005
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
The Australian Communications and Media Authority Act 2005 No. 44 establishes that Australia has an independent telecommunications authority, the Australian Communications and Media Authority (ACMA). Yet, Division 4 of the Act establishes that the Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. However, such a direction can only be of a general nature if it relates to the ACMA’s broadcasting, content and datacasting functions or the ACMA’s powers relating to those functions. It is reported that the ACMA is independent from the government in the decision-making process.
Coverage Telecommunications sector
AUSTRALIA
Since June 2012
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
My Health Records Act 2012
My Health Records Act 2012 requires information relating to health records to be stored and processed within Australia unless the records do not include "personal information in relation to a healthcare recipient or a participant in the My Health Record System" or "identifying information of an individual or entity" (Section 77).
Coverage Medical and health services
AUSTRALIA
Since December 1988, entry into force in January 1989, as amended in March 2014, last amended in May 2024
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Privacy Act 1988
In the Privacy Act 1988, the Australian Privacy Principle 8 creates a regime that allows cross-border disclosure of personal information in six different scenarios (Schedule 1). These conditions include but are not limited to situations where data protection frameworks are similar or equivalent to those in Australia, there is consent to the disclosure, or laws require the disclosure. The Australian Privacy Principles were inserted into the Privacy Act by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which came into force in March 2014.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231014094843/https://www.legislation.gov.au/Series/C2004A03712
- https://web.archive.org/web/20220327105409/https://www.legislation.gov.au/Details/C2015C00053
- http://uk.practicallaw.com/8-519-8539#a150449
- https://www.linklaters.com/en/insights/data-protected/data-protected---australia
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AUSTRALIA
Since December 2017
Since February 2020
Since March 2018
Since July 2020
Since January 2020
Since December 2021
Since February 2020
Since March 2018
Since July 2020
Since January 2020
Since December 2021
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Singapore-Australia Free Trade Agreement
Australia-Peru Free Trade Agreement
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Indonesia - Australia Comprehensive Economic Partnership Agreement
Australia-Hong Kong Free Trade Agreement and associated Investment Agreement
Australia-United Kingdom Free Trade Agreement
Australia-Peru Free Trade Agreement
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Indonesia - Australia Comprehensive Economic Partnership Agreement
Australia-Hong Kong Free Trade Agreement and associated Investment Agreement
Australia-United Kingdom Free Trade Agreement
Australia has joined several agreements with binding commitments to open transfers of data across borders. These include: the Singapore-Australia Free Trade Agreement (SAFTA, Chapter 14, Art. 13), the Australia-Peru Free Trade Agreement (Art. 13.11), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11), the Indonesia - Australia Comprehensive Economic Partnership Agreement (Art. 13.11), the Australia-Hong Kong Free Trade Agreement and associated Investment Agreement [Article 11.7(2) and 11.15(1)], and the Australia-United Kingdom Free Trade Agreement [14.10(2)].
Coverage Horizontal