HONG KONG
Since June 1997, last amended in 2007
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Ordinance
Hong Kong has a clear regime of copyright exceptions that follows the fair dealing model under the Copyright Ordinance, which enable the lawful use of copyrighted work by others without obtaining permission. These exceptions include research, private study, criticism, reviews and news reporting.
Coverage Horizontal
HONG KONG
Since April 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
WTO Agreement on Government Procurement (GPA)
Hong Kong is a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) and its commitments also cover the services sectors considered most important for digital trade, namely telecommunication services (CPC 752), telecommunication-related services (CPC 754), and computer and related services (CPC 84).
Coverage Horizontal
HONG KONG
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Hong Kong is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
HONG KONG
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0%
Coverage rate of zero-tariffs on ICT goods (%)
100%
Coverage: Digital goods
AUSTRALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of 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 Online sales and transactions |
Sub-pillar Ratification of the 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 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
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 an Australian citizens or residents. The domain name policies were approved in 2012.
Coverage Horizontal
AUSTRALIA
Since January 2011
Since March 200, las amended in June 2011
Since March 200, las 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 law 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
AUSTRALIA
Since July 1999, as amended in 2018, last amended in July 2023
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 USD 750 are exempted from taxes and duties collected by customs. 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 750 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. Prior to 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 (750 USD). The change was intended to increase the competitiveness of domestic retailers, as opposed to foreign retailers.
Coverage Horizontal
AUSTRALIA
Since 2001, as amended in September 2020
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Open and transparent standard-setting process
Standards Alliance
The standard-setting process is a collaborative and a transparent process. It includes a wide range of stakeholders (international, private/public sector) and the treatment of intellectual property (IP) issues. For example, the Technical Committee, responsible for developments of new standards include representatives from government agencies, business, and industry organizations and associations. However, the process does not seem transparent when it comes to electrical products.
To regulate electrical products, the Australian Communications and Media Authority (ACMC) derive technical standards from Standards Alliance, a non-government and not-for-profit standards organization, if not from international standard bodies or national regulatory agencies. In developing standards, Standards Alliance form technical committees which can consist of technical, business, academic, government, and community experts as representatives from nominating organizations. According to the Structure and Operation of Standardisation Committees (SG-002) and Nominating Organization Guide, to be eligible as a nominating organization, it must have its headquarters based in Australia, have an Australian membership base, and represent a constituency among other requirements. SG-002 was published in 2001 and recently amended in September 2020. An article reported in 2014 also reports that a standard-setting process for IT governance by Standards Alliance was not transparent.
To regulate electrical products, the Australian Communications and Media Authority (ACMC) derive technical standards from Standards Alliance, a non-government and not-for-profit standards organization, if not from international standard bodies or national regulatory agencies. In developing standards, Standards Alliance form technical committees which can consist of technical, business, academic, government, and community experts as representatives from nominating organizations. According to the Structure and Operation of Standardisation Committees (SG-002) and Nominating Organization Guide, to be eligible as a nominating organization, it must have its headquarters based in Australia, have an Australian membership base, and represent a constituency among other requirements. SG-002 was published in 2001 and recently amended in September 2020. An article reported in 2014 also reports that a standard-setting process for IT governance by Standards Alliance was not transparent.
Coverage Electrical products
Sources
- https://www.standards.org.au/getmedia/00a7a293-b416-4bb5-81f7-79e9a6cf2107/SG-002-Structure-and-Operation-of-Standardisation-Committees.pdf.aspx
- https://www.standards.org.au/getmedia/9dd36462-e2f1-4f71-8f50-3c467affcaf3/Nominating_Organisation_Guide.pdf.aspx
- http://delimiter.com.au/2014/01/22/australian-standard-published-governance/
- Show more...
AUSTRALIA
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Telecommunications Act 1997
Radiocommunications Act 1992
Radiocommunications Act 1992
To ensure compliance with the technical regulatory arrangements, suppliers must make and hold a Declaration of Conformity. The document should be signed by the Australian supplier or overseas manufacturer to certify that the product meets applicable standards. It must be signed by a person who holds a senior position in the company or organisation. The signatory should have sighted the evidence that supports the declaration and be satisfied of the grounds for compliance. It should be made available by the supplier for audit purposes on request, in writing, from either the Australian Communications Authority (ACA) or the Radio Spectrum Management Group (RSM) of the New Zealand Ministry of Economic Development Electrical products become subject to testing requirements when exported.
The Telecommunications Act 1997 regulates telecommunications equipment. The Radiocommunications Act 1992 regulates radiocommunications equipment, electrical or electronic household products, and radio transmitters. The Australian Communications and Media Authority (ACMC) allows a self declaration of conformity (SDoC) as long as the declaration contains all of the information in Australia's Declaration of Conformity (Form C02) and acknowledges that the product complies with the ACMC standards. Whoever signs the SDoC must see the evidence that the product complies with the rules and agree that the records show that the product complies with the rules. A supplier may be required to submit a separate test report from a designated testing body as well.
The Telecommunications Act 1997 regulates telecommunications equipment. The Radiocommunications Act 1992 regulates radiocommunications equipment, electrical or electronic household products, and radio transmitters. The Australian Communications and Media Authority (ACMC) allows a self declaration of conformity (SDoC) as long as the declaration contains all of the information in Australia's Declaration of Conformity (Form C02) and acknowledges that the product complies with the ACMC standards. Whoever signs the SDoC must see the evidence that the product complies with the rules and agree that the records show that the product complies with the rules. A supplier may be required to submit a separate test report from a designated testing body as well.
Coverage Electrical products
AUSTRALIA
Since February 2021
Pillar Content access |
Sub-pillar Restrictions on online advertising
Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021
The Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021, which was passed in both Houses in February 2021, imposes an obligation upon digital platform corporations, such as social media platforms, designated by the Australian Communications Media Authority to bargain with and pay news businesses for content posted by users of those platforms (Division 6). The law was passed to protect local media outlets and publishers whose content is shared in social media platforms like Facebook and search engines like Google without being remunerated, and to prevent giant search engines or social media corporations from dominating the local advertising market. A government-appointed arbitrator may determine the final price that a designated digital platform will have to pay local news businesses, provided that a deal cannot be reached independently.
Coverage Internet host services
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
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