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Doing Business in Australia – Legal Perspectives

Doing Business in Australia – Legal Perspectives. AACC Energy Conference 2014 Lisa Butler Senior Associate ( Admitted in Western Australia) Squire Sanders. Disclaimer.

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Doing Business in Australia – Legal Perspectives

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  1. Doing Business in Australia – Legal Perspectives AACC Energy Conference 2014 Lisa Butler Senior Associate (Admitted in Western Australia) Squire Sanders

  2. Disclaimer The contents of this presentation are general in nature and should not be construed as legal advice related to individual situations or as legal opinions concerning such situations. Counsel should be consulted for planning and advice. The application of laws and statutes may vary depending on particular circumstances. Squire Sanders does not assume liability for any damage that may be caused to anyone as a result of any action or omission on the basis of the information contained herein.

  3. Levels of regulation • Foreign investment • Company regulation • Trademarks/Patents • Industrial relations • Oil & Gas licences • Heritage • Environment • Taxes/Fees • Mining • licences Common Law • Development • Planning/zoning

  4. Branch office vs. subsidiary company Types of companies in Australia Similar but different! Use of joint ventures Incorporated vs. unincorporated Other entities Partnerships; trust; sole trader; franchises; associations Reporting and Compliance ASX Listing Rules Business structures

  5. Foreign Investment Review Board (‘FIRB’) Policy based… Can apply to offshore companies with Australian subsidiaries or assets Thresholds differ depending on nationality of investor and nature of investment US investors State owned companies Sensitive sectors Agriculture – proposed new thresholds No threshold for ‘Australian Urban Land’. Beware! ‘Australian Urban Land’ is broader than it sounds. Foreign Investment Approval

  6. Crown ownership of minerals Statutory licences Commonwealth and State regimes Impact on due diligence Environment Commonwealth and State regimes Water Land Access Private Land; Nature Reserves; etc. Native Title and Aboriginal Heritage Oil and Gas legal framework

  7. Native Title

  8. Other important considerations

  9. The importance of knowing: the right person to speak to their processes and timeframes their policy (and their view of what the law says) Dealing with Government

  10. Recent Developments Change in Federal Government (Sept 2013) O&G Regulation • Carbon Tax • MRRT • FIRB – Agriculture • Streamlining environmental approvals • Moratorium in Victoria • Review in WA • Proposed planning regime in Qld Changes to Fair Work legislation New Privacy Principles Planned Competition Review

  11. Questions?

  12. Worldwide Locations North America Latin America Europe & Middle East Asia Pacific • Cincinnati • Cleveland • Columbus • Houston • Los Angeles • Miami • New York • Northern Virginia • Palo Alto • Phoenix • San Francisco • Tampa • Washington DC • West Palm Beach • Bogotá+ • Buenos Aires+ • Caracas+ • La Paz+ • Lima+ • Panamá+ • Santiago+ • Santo Domingo • Beirut+ • Berlin • Birmingham • Bratislava • Brussels • Bucharest+ • Budapest • Frankfurt • Kyiv • Leeds • London • Madrid • Manchester • Moscow • Paris • Prague • Riyadh • Warsaw • Beijing • Hong Kong • Jakarta+ • Perth • Seoul • Shanghai • Singapore • Sydney • Tokyo + Independent Network Firm

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