Doing Business In... 2026 Comparisons

Australia is a common law jurisdiction whose legal tradition derives from England. It is a federation comprising six states and two self-governing territories, operating under a written federal Constitution that distributes power between the Commonwealth (national) and the states.

Law is sourced from legislation enacted by the Commonwealth and state parliaments and from the common law and equity developed by the courts, applied through the doctrine of precedent. The Commonwealth Parliament legislates within enumerated heads of power: the corporations power is the foundation of nationally uniform company, competition and consumer laws, while areas such as real property, conveyancing, stamp duty and retail leasing remain principally matters of state law.

The High Court of Australia sits at the apex of the judicial system as the final court of appeal and the arbiter of constitutional questions. Federal jurisdiction is exercised mainly by the Federal Court of Australia, which hears corporations, competition, consumer, intellectual property, taxation and administrative matters, and by the Federal Circuit and Family Court. Each state and territory has its own hierarchy, headed by a Supreme Court with a Court of Appeal, beneath which sit intermediate and lower courts, and merits review of many government decisions lies with the Administrative Review Tribunal and its state equivalents.

For foreign investors, the practical consequence is that the rules most relevant to acquiring and operating a business – ie, company, competition, consumer, foreign investment, intellectual property and tax law – are federal and apply uniformly across the country. State-based differences in property, duty and leasing matter chiefly to multi-site and franchised operations, which may need to account for variation between jurisdictions.

Foreign investment is regulated by the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015, supported by Australia’s Foreign Investment Policy and published guidance. The Foreign Investment Review Board is a non-statutory body that advises the Treasurer, who is the decision-maker; the Treasury’s Foreign Investment Division administers the regime, and clearances are given as a no objection notification.

A foreign person must generally notify, and obtain a decision, before taking certain actions. The most common triggers are acquiring a substantial interest (20% or more) in an Australian entity, or acquiring interests in Australian land or businesses, where the relevant monetary threshold is met. A national security overlay applies separately: acquiring a direct interest (10% or more, or any interest conferring control or influence) in a national security business or national security land is notifiable regardless of value, as is starting such a business.

Monetary thresholds are indexed annually on January 1st. For 2026, the principal thresholds are as follows.

• Business acquisitions: a threshold of AUD347 million applies to investors from non-agreement countries. For private investors from certain free trade agreement partners (such as the United States, the United Kingdom, New Zealand and Japan), a higher threshold of AUD1.498 billion applies to entities not carrying on a sensitive business, while the AUD347 million threshold continues to apply where the target carries on a sensitive business.
• Agribusiness: AUD75 million. Agricultural land: a cumulative AUD15 million.
• Media businesses and residential land: notifiable at any value.
• National security businesses and national security land: notifiable at any value. Foreign government investors are screened at a nil threshold for all direct interests.

Approval must be obtained before the action is completed, so the regime is suspensory in effect. The Treasurer assesses each proposal against the national interest and, where relevant, national security; neither term is exhaustively defined, and the factors considered include security, competition, tax, the impact on the economy and the community, and the character of the investor. Where a transaction is also notifiable under the merger control regime, foreign investment approval does not substitute for Australian Competition and Consumer Commission (ACCC) approval or a waiver, and the two assessments should be managed as parallel workstreams.

Applications are lodged electronically through the Foreign Investment Portal, which the government launched in 2025, and a fee is payable on lodgement. Fees generally range from AUD1,125 to AUD1,205,200 for non-residential actions, depending on the acquisition type and value. The statutory decision period is 30 days, with a further short period to notify the applicant; it can be extended by an interim order of up to 90 days, and applicants are frequently asked to agree to a voluntary extension. Foreign investors should build the Foreign Investment Review Board timetable into conditions precedent and long-stop dates in their transaction documents, particularly where ACCC approval is also required.

The outcome is either a no objection notification, which may be unconditional or subject to conditions, or, in rare cases, a prohibition. Investing without a required approval, or breaching conditions, exposes the investor to civil and criminal penalties, which for individuals can reach into the millions of dollars and are substantially higher for corporations; investors could also be exposed to divestiture orders, infringement notices and value-based penalties. Foreign persons also have ongoing obligations to notify holdings to the Register of Foreign Ownership of Australian Assets.

The Treasurer routinely attaches conditions to a no objection notification, calibrated to the national interest and national security risk presented by the particular investment. Standard tax conditions are common, requiring the investor to comply with Australian tax law, co-operate with the Australian Taxation Office and refrain from arrangements that shift profits offshore.

Other conditions may address:

• data security and access for sensitive or critical assets;
• development timeframes for vacant land;
• ongoing reporting and audit requirements; and
• in some cases, undertakings as to Australian directors, local management or continuity of operations.

Conditions are negotiated in practice, and early engagement with the Treasury helps investors understand and shape the likely conditions before a binding decision is made.

A decision of the Treasurer on the national interest or national security is an exercise of executive discretion, and there is no merits review of such a decision by a tribunal. An affected investor may seek judicial review of the legality of the decision, under the Administrative Decisions (Judicial Review) Act 1977 (Cth) or under Section 39B of the Judiciary Act 1903 (Cth) and Section 75(v) of the Constitution.

Judicial review is confined to questions of legality, such as jurisdictional error, denial of procedural fairness or taking into account irrelevant considerations, and does not allow the court to substitute its own view of the merits. Applications are subject to time limits, and reasons may be requested under the judicial review legislation. In practice, formal challenges are uncommon; investors generally manage risk through early and co-operative engagement rather than litigation.

The principal vehicle is the company, incorporated and regulated under the Corporations Act 2001 (Cth) and administered by the Australian Securities and Investments Commission (ASIC). The liability of shareholders is limited to any amount unpaid on their shares, and there is no general minimum share capital requirement. The most common forms are as follows.

• Proprietary company (Pty Ltd): a private company limited by shares, with at least one shareholder and a maximum of 50 non-employee shareholders, at least one director ordinarily resident in Australia, and no ability to raise capital from the public. It is the usual vehicle for an inbound subsidiary, a holding company or a joint venture.
• Public company (Ltd): able to have unlimited shareholders and to list on the Australian Securities Exchange, requiring at least three directors (two ordinarily resident in Australia) and a company secretary. It is used for public fundraising and listed groups.
• Registered foreign company: a foreign company may register with the regulator and carry on business through a branch, which does not create a separate legal entity.
• Trusts: discretionary and unit trusts, usually with a corporate trustee, are widely used for investment, holding and family or small-business structuring, and stapled structures are common in property and infrastructure. Partnerships and limited partnerships are available under state law, and incorporated limited partnerships are used for venture capital.

The choice of vehicle is driven mainly by tax treatment, asset protection and liability, and by the commercial purpose. In transactions, a proprietary company is the standard acquisition or bid vehicle, while trusts frequently sit above operating entities as holding vehicles.

A company is registered with the corporate regulator, and is issued an Australian Company Number on registration. The company then obtains an Australian Business Number and registers for goods and services tax and pay-as-you-go withholding where required, and each director must first obtain a director identification number.

The company needs:

• a registered office in Australia;
• a principal place of business in Australia;
• at least one Australian resident director;
• at least one member; and
• either a constitution or reliance on the replaceable rules in the legislation.

Registration is inexpensive and is typically completed within one to two business days. A foreign company that prefers to operate through a branch instead registers as a registered foreign company and receives an Australian Registered Body Number.

All companies must keep their details current with the regulator, notifying ASIC of prescribed changes, including changes to officeholders, the registered office, the share structure and, where applicable, ultimate holding company details, within the prescribed periods, and confirming their details and paying an annual review fee each year. Public companies, and some companies in particular circumstances, must also lodge special resolutions or changes to their constitution. Financial reporting and audit obligations then depend on size and ownership.

Public companies, and large proprietary companies that meet two of three thresholds for revenue, gross assets and employees, must prepare, have audited and lodge annual financial reports. Small proprietary companies are generally exempt, but a small proprietary company that is controlled by a foreign company must usually lodge audited accounts, unless relief applies. These obligations are relevant in transactions because they determine the financial information available on a target.

Companies must maintain a register of members, while substantial-holding disclosure applies principally to listed companies and registered schemes rather than to private companies generally, and a broader beneficial ownership transparency reform is in progress. Customer due diligence under anti-money laundering law, which from 1 July 2026 extends to certain designated services provided by lawyers, conveyancers, accountants and real estate agents, is increasing scrutiny of ultimate beneficial ownership in dealings and acquisitions.

Disclosure (typically via a prospectus or other disclosure document) is required when raising capital. There are exemptions and short-form disclosures where the capital raise is limited to sophisticated investors.

Where the company operates a franchise system, complex franchising disclosure documents are required.

Australia is a highly regulated environment, and industry-specific registrations, permits and disclosures are typically required.

Australian companies have a single-tier board; there is no separate supervisory board or two-tier structure, but the company may adopt an informal advisory committee-style body. The directors are responsible for managing or supervising the management of the company, and day-to-day operations are usually delegated to officers and senior management.

A public company must have at least three directors and a company secretary, while a proprietary company needs only one director and is not required to appoint a secretary. Shareholders exercise residual powers in general meetings, including amending the constitution and approving certain related-party and major transactions. Listed companies are additionally subject to the Listing Rules and the corporate governance recommendations of the Australian Securities Exchange.

Directors and officers owe statutory duties under the Corporations Act, including the duty of care and diligence (protected by the business judgement rule), the duty to act in good faith and for a proper purpose, and the duty not to misuse their position or information, alongside equivalent general law and fiduciary duties. Directors may also be personally liable for insolvent trading where a company incurs debts while insolvent, subject to the safe harbour available where they pursue a course of action that is reasonably likely to lead to a better outcome for the company.

Personal exposure can arise under tax law through director penalty notices, and under work health and safety, environmental, competition (including as an accessory) and franchising laws. Breach can lead to civil penalties, compensation, disqualification and, for dishonest conduct, criminal liability.

Limited liability is the governing principle, and Australian courts only rarely pierce the corporate veil, generally where there is fraud or a sham or a genuine agency, with specific statutory exceptions such as insolvent trading. In acquisitions, directors’ and officers’ insurance, indemnities and run-off cover are standard, and buyers assess director penalty and accessorial exposure as part of diligence.

Most private sector employment is governed by the national workplace relations system established by the Fair Work Act 2009 (Cth). The National Employment Standards set a floor of minimum entitlements; modern awards set additional industry and occupation minimums; and enterprise agreements, individual contracts and the common law operate above that floor.

The Fair Work Commission is the national workplace tribunal and the Fair Work Ombudsman is the regulator, while work health and safety is governed by largely harmonised state and territory laws, and anti-discrimination obligations arise under both Commonwealth and state legislation. The framework has recently been reshaped by:

• the Secure Jobs, Better Pay reforms, including limits on fixed-term contracts; and
• the Closing Loopholes reforms, which:
1. changed the rules on casual employment, labour hire, gig and road transport work;
2. introduced same job, same pay;
3. criminalised intentional wage underpayment; and
4. introduced a right to disconnect.

There is no requirement for an employment contract to be in writing; a contract may be made orally, although written contracts are standard practice. Whatever the contract says, the National Employment Standards, the applicable modern award and any enterprise agreement apply and cannot be displaced by agreement, so an employer cannot contract below the statutory floor.

Contracts commonly deal with duties, remuneration, hours, leave, confidentiality, intellectual property assignment and post-employment restraints. The use of fixed-term contracts is now limited, with a general maximum of two years including renewals and some exceptions, and casual employment has a statutory definition together with a pathway by which eligible employees may choose to convert to permanent employment. Probationary periods are common, although the qualifying period for unfair dismissal protection is six months, or 12 months for small business employers.

The National Employment Standards set maximum weekly hours of 38 for a full-time employee, plus additional hours where reasonable. There is no single statutory overtime rate; overtime, penalty rates and loadings are set by the applicable modern award or enterprise agreement, and casual employees receive a loading (commonly 25%) in lieu of paid leave.

Employees now have a right to disconnect, allowing them to refuse to monitor or respond to unreasonable out-of-hours contact, which, following a later commencement date, now applies to small business employers as well. The national minimum wage is reviewed annually by the Fair Work Commission, and paid leave entitlements (including annual leave, personal and carer’s leave, parental leave and long service leave) arise under the National Employment Standards and state legislation.

Australia is not an employment-at-will jurisdiction. An employer must have a lawful basis to terminate and must give the minimum notice set by the National Employment Standards (scaled by length of service) or pay in lieu, unless the employee is summarily dismissed for serious misconduct.

Several statutory protections apply. Eligible employees may bring an unfair dismissal claim if a dismissal is harsh, unjust or unreasonable, with remedies of reinstatement or compensation capped at six months’ pay. The general protections regime prohibits adverse action taken for a prohibited reason, such as the exercise of a workplace right, carries no compensation cap and reverses the onus of proof; separate protections address unlawful termination and discrimination.

A genuine redundancy is a defence to an unfair dismissal claim, and redundancy pay is provided for under the National Employment Standards, with consultation obligations arising under awards and agreements. Where 15 or more employees are to be made redundant, the employer must notify Services Australia and any relevant registered employee association, with consultation obligations arising mainly under the applicable award, enterprise agreement or workplace instrument. In transactions, the transfer of business rules can transfer employees and entitlements to a buyer. Acquirers plan for redundancies, accrued leave and transferring instruments, while post-employment restraints are enforceable only to the extent they are reasonable.

There is no general system of mandatory works councils or board-level employee representation. Trade unions represent their members and may exercise rights of entry, and the Fair Work Commission oversees enterprise bargaining, which may be conducted at a single enterprise or, in defined streams, across multiple employers.

Consultation obligations arise under modern awards and enterprise agreements, particularly in relation to major workplace change and redundancy. Employees enjoy freedom of association, and adverse action taken because of union membership or activity is prohibited. Health and safety representatives may be elected under work health and safety laws.

An individual’s liability to Australian income tax depends on residency: residents are taxed on worldwide income and non-residents on Australian-source income. Personal income tax is progressive, with a top marginal rate of 45% plus a 2% Medicare levy, and is collected from employees through pay-as-you-go withholding by the employer.

Employers must:

• withhold and remit pay-as-you-go amounts;
• pay the superannuation guarantee, which is set at 12%, into the employee’s superannuation fund; and
• pay fringe benefits tax on non-cash benefits provided to employees.

From 1 July 2026, under the Payday Super reforms, the superannuation guarantee must be paid at the same time as salary and wages, rather than quarterly, and is calculated on an employee’s qualifying earnings. Employers are also liable for state payroll tax on wages above the relevant state threshold, with rates and thresholds varying between the states and territories.

A company is subject to Australian tax on its income if it is resident in Australia (by incorporation, or by having its central management and control in Australia) or derives Australian-source income. The main taxes are as follows.

• Corporate income tax at 30%, reduced to 25% for a base rate entity (broadly, a company with aggregated turnover below AUD50 million and no more than 80% passive income). Distributed profits carry franking credits under the dividend imputation system, which relieves double taxation for resident shareholders.
• Goods and services tax at 10% on most supplies, and withholding tax on unfranked dividends, interest and royalties paid to non-residents, subject to relief under Australia’s tax treaties.
• Capital gains tax, as part of the income tax, on the disposal of assets. Non-residents are taxed on taxable Australian property, and a foreign resident capital gains withholding obligation applies to acquisitions of taxable Australian real property and related interests from foreign residents, at 15% since 1 January 2025 following the removal of the former value threshold. Stamp duty is imposed by the states on land and certain transactions, including landholder duty on dealings in land-rich entities.

Australia has implemented Pillar Two of the OECD and G20 Two-Pillar Solution. The Taxation (Multinational—Global and Domestic Minimum Tax) Act 2024 and its rules establish a 15% global minimum tax for large multinational groups with consolidated annual revenue of at least EUR750 million, comprising an income inclusion rule and a domestic minimum tax for fiscal years beginning on or after 1 January 2024, and an undertaxed profits rule from 1 January 2025. Australia’s domestic minimum tax is recognised as a Qualified Domestic Minimum Top-up Tax with QDMTT safe harbour status on the OECD central record, effective from 1 January 2024.

The principal broad-based incentive is the Research and Development Tax Incentive, which provides a refundable or non-refundable offset depending on the company’s turnover. A range of more targeted concessions is also available, including:

• the small business capital gains tax concessions;
• the instant asset write-off (subject to settings reviewed each year);
• concessions for early-stage innovation companies and for venture capital investment through early-stage and other venture capital limited partnerships; and
• incentives for build-to-rent housing.

The government has also introduced production incentives in priority areas, such as clean energy and critical minerals. Eligibility criteria apply to each measure, and the states and territories offer their own payroll tax and investment incentives to attract particular industries or projects.

Tax consolidation is available for wholly owned Australian groups. A consolidated group, made up of a head company and its wholly owned Australian resident subsidiaries, is treated as a single taxpayer, so that intra-group transactions are generally disregarded and the group lodges a single income tax return.

Tax cost-setting rules apply when entities join or leave the group, and a multiple entry consolidated group can be formed by certain foreign-owned groups. The election to consolidate is irrevocable, and the head company is primarily liable for the group’s income tax.

Thin capitalisation rules apply. The earnings-based rules that took effect from 1 July 2023 limit debt deductions for multinational entities, with a default fixed-ratio test that caps net debt deductions at 30% of tax earnings before interest, taxes, depreciation and amortisation, and alternative group-ratio and third-party debt tests.

A separate debt-deduction-creation rule disallows deductions arising from certain related-party arrangements that lack genuine commercial substance. The rules apply to both inbound and outbound investors above a de minimis level of debt deductions.

Transfer pricing rules apply. Division 815 of the Income Tax Assessment Act 1997 (Cth) requires cross-border dealings between associated enterprises to be priced on an arm’s length basis, consistent with the OECD transfer pricing guidelines.

Taxpayers must keep contemporaneous documentation to access penalty protection, and large multinational groups are subject to country-by-country reporting. The Australian Taxation Office actively reviews transfer pricing, and advance pricing arrangements are available to provide certainty for significant cross-border dealings.

Australia has a general anti-avoidance rule in Part IVA of the Income Tax Assessment Act 1936 (Cth), under which the Commissioner of Taxation may cancel a tax benefit obtained from a scheme entered into for the dominant purpose of obtaining that benefit. Part IVA includes the multinational anti-avoidance law and the diverted profits tax, which imposes tax at 40% on profits diverted offshore, and the goods and services tax has its own anti-avoidance rule.

There is a promoter penalty regime for those who promote tax exploitation schemes, together with specific integrity rules addressing matters such as hybrid mismatches and debt deductions. Enforcement is supported by a well-resourced tax avoidance taskforce within the Australian Taxation Office.

Customs duties are imposed under the Customs Tariff Act 1995 (Cth) and are generally low, with many goods entering duty-free and a standard rate of 5% applying to some categories. Australia maintains an extensive network of free trade agreements, including with China, the United States, Japan, the United Kingdom and the parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and the Regional Comprehensive Economic Partnership, which provide preferential or zero rates for qualifying goods.

Anti-dumping and countervailing measures provide targeted protection for some domestic manufacturing, such as steel, aluminium and certain chemicals. Tariffs are not a significant protectionist instrument in Australia; the more material current sensitivities arise from global trade tensions and from supply chain and critical-minerals policy rather than from tariff barriers.

A new mandatory and suspensory merger control regime commenced on 1 January 2026 under the Competition and Consumer Act 2010 (Cth), as amended by the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 (Cth). The ACCC is the sole first-instance decision-maker, replacing the former voluntary and informal clearance model and the separate authorisation process. This is the most significant change to Australian merger control in five decades.

An acquisition of shares or assets that has a connection to Australia must be notified, and must not be completed if it meets a monetary threshold or falls within a designated class. The principal thresholds, measured by Australian revenue, are as follows.

• Large merged firm: the combined Australian revenue of the merger parties is at least AUD200 million, and either the target’s Australian revenue is at least AUD50 million or the global transaction value is at least AUD250 million.
• Very large acquirer: the acquirer group’s Australian revenue is at least AUD500 million and the target’s Australian revenue is at least AUD10 million.
• Serial or creeping acquisitions: separate cumulative thresholds aggregate Australian revenue from acquisitions of the same or substitutable goods or services over the previous three years. Very small acquisitions, broadly those with target Australian revenue below AUD2 million, are excluded.
• From 1 April 2026, further thresholds capture certain asset acquisitions and acquisitions that cross voting power levels of 20% or 50%, even without a change of control.

The regime covers acquisitions of shares, units and interests in managed investment schemes and acquisitions of assets, and brings joint ventures and certain land and development acquisitions within scope, subject to exemptions, while small acquisitions are excluded. Because the thresholds are objective and financial, many transactions that previously raised no competition concern now require notification, so deal timetables and conditions must build in clearance, and the competition assessment that was once considered within the foreign investment process is now conducted separately by the regulator.

An acquisition is notified through the regulator’s acquisitions portal. Pre-notification engagement is encouraged but not mandatory, and a filing fee applies, from which small businesses are exempt. The regulator publishes notified acquisitions on a public register and publishes its reasons for decisions, which over time will give the market greater visibility of its approach.

For suitable acquisitions that plainly raise no competition concern, a party may instead apply for a notification waiver, which, if granted, removes the obligation to notify. Where no waiver is sought or available, the notified acquisition proceeds through the regulator’s phased review. A first phase, with a statutory timetable, is expected to resolve the substantial majority of matters by clearance, while transactions that raise concerns proceed to a more detailed second phase, with a longer timetable and the ability to consider remedies and undertakings; a public benefit pathway also exists, and decisions are subject to limited review by the Australian Competition Tribunal.

The substantive question is whether the acquisition would have the effect, or be likely to have the effect, of substantially lessening competition, which now expressly includes creating, strengthening or entrenching a substantial degree of market power. Completing a notifiable acquisition without approval, a waiver or an applicable exemption can have serious consequences, including the risk that the transaction is void and significant penalties, as follows:

• for corporations up to the greater of AUD50 million, three times the benefit, or 30% of Australian turnover during the period of the breach; and
• for individuals up to AUD2.5 million.

Premature integration or co-ordination between the parties before clearance also carries risk.

Part IV of the Competition and Consumer Act 2010 (Cth) prohibits cartel conduct, including price fixing, restricting outputs, allocating markets or customers and rigging bids, both as criminal offences and as civil contraventions, with the Commonwealth Director of Public Prosecutions prosecuting serious cases. The Act also prohibits anti-competitive agreements and concerted practices, and exclusive dealing, that have the purpose or effect of substantially lessening competition.

The prohibitions have extraterritorial reach, applying to conduct engaged in outside Australia by bodies corporate carrying on business in Australia, and to conduct affecting a market in Australia. Penalties mirror those for the merger regime, and an individual convicted of a criminal cartel offence may be imprisoned for up to ten years, in addition to receiving fines. An immunity and co-operation policy is available to the first participant in a cartel to come forward.

Australia prohibits the misuse of market power under Section 46 of the Competition and Consumer Act 2010 (Cth): a corporation that has a substantial degree of power in a market must not engage in conduct that has the purpose, effect or likely effect of substantially lessening competition. There is no separate prohibition on abuse of dominance, and no general prohibition on the abuse of economic dependence of the kind found in some civil law systems.

Imbalances in commercial dealings are instead addressed through other tools, including:

• the prohibitions on unconscionable conduct in the Australian Consumer Law;
• the regime for unfair contract terms in standard-form consumer and small business contracts; and
• prescribed industry codes such as the Franchising Code.

The regulator continues to advocate for a general prohibition on unfair trading practices to capture conduct that distorts decision-making but is not presently unlawful. Contraventions of the unilateral conduct prohibition attract the same penalties as other competition contraventions.

Patents are governed by the Patents Act 1990 (Cth) and registered by IP Australia. A standard patent protects an invention that is novel, involves an inventive step and is useful, for a term of 20 years, extendable to 25 years for certain pharmaceutical patents. New innovation patents are no longer available, although innovation patents granted before the phase-out continue until they expire.

Protection is obtained by application and examination leading to grant. Infringement is enforced by proceedings in the Federal Court, and remedies include injunctions, damages or an account of profits, and delivery up or destruction of infringing articles.

Trade marks are governed by the Trade Marks Act 1995 (Cth) and registered by IP Australia. A sign that distinguishes goods or services may be registered for an initial period of ten years and renewed indefinitely, giving the owner the exclusive right to use the mark, and to authorise others to use it. Registration is enforced by infringement proceedings, and unregistered marks and get-up are protected by the tort of passing off and by the misleading-conduct provisions of the Australian Consumer Law.

Trade marks are central to franchising, because the brand is the core asset of a franchise system. Franchisors register their marks and license them to franchisees on controlled-use terms, and protect their get-up, domain names and social media handles. In inbound and master-franchise arrangements, registering the marks early guards against brand squatting. Security can be granted over registered intellectual property to support financing.

Designs are protected under the Designs Act 2003 (Cth) and registered by IP Australia. Registration protects the overall visual appearance of a product, comprising its shape, configuration, pattern or ornamentation, where the design is new and distinctive.

A registered design is protected for an initial period of five years, renewable to a maximum of ten years, and must be both registered and certified before it can be enforced. Remedies for infringement are consistent with those available for other intellectual property rights. A reform to align Australian design protection more closely with international practice has been under consideration.

Copyright is governed by the Copyright Act 1968 (Cth) and arises automatically on creation, without any system of registration. It protects original literary, dramatic, musical and artistic works, as well as films, sound recordings, broadcasts and published editions, generally for the life of the author plus 70 years, with other terms applying to other subject matter.

The owner has exclusive rights to reproduce, communicate and publish the work, and authors enjoy moral rights of attribution and integrity. Infringement is enforced in the Federal Court, with remedies including injunctions, damages or an account of profits, and additional damages for flagrant infringement.

Software is protected as a literary work under copyright law. There is no separate database right; a database or other compilation is protected only to the extent that copyright subsists in the originality of its selection, arrangement or compilation, rather than in the underlying data as such. Trade secrets and confidential information are protected not by registration but by the equitable action for breach of confidence and by contract, through non-disclosure agreements and the duties owed by employees.

Other rights include protection for circuit layouts under the Circuit Layouts Act 1989 (Cth) and for plant varieties under the Plant Breeder’s Rights Act 1994 (Cth), and the protection of unregistered get-up and reputation through passing off and the Australian Consumer Law. Domain names are administered by the national domain authority.

Data protection is governed principally by the Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles, which regulate how entities handle personal information. The Act applies to Australian government agencies and to private sector organisations – generally those with annual turnover above AUD3 million together with certain others. The Notifiable Data Breaches scheme requires eligible data breaches to be reported to the regulator and to affected individuals.

The regime was significantly strengthened by the Privacy and Other Legislation Amendment Act 2024 (Cth), which introduced:

• a statutory tort for serious invasions of privacy from 10 June 2025;
• a tiered civil penalty regime;
• a doxxing offence;
• enhanced security obligations;
• a Children’s Online Privacy Code to be in place by December 2026; and
• transparency obligations for automated decision-making from December 2026.

A further tranche of reform is being progressed, which may include a fair and reasonable test for the handling of personal information. Sector and state laws on matters such as health records, surveillance and unsolicited communications operate alongside the Act.

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 customers 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 Australia, although questions of jurisdiction and applicable law will need to be considered case by case.

The Office of the Australian Information Commissioner, 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 interferences with privacy that are not serious, and the Commissioner has signalled a more enforcement-focused approach. In addition, individuals can now bring proceedings directly under the statutory tort, without relying on the regulator to act.

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 guidance 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 Franchising Code, made as the Competition and Consumer (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 investment and to early termination, and gives the small business ombudsman a power to name franchisors who do not engage in dispute resolution. The government 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 approvals from 12 to 24 months, while strengthening its tools to scrutinise sensitive sectors and to enforce compliance. Where a transaction also requires ACCC clearance, foreign investment approval will continue to follow the regulator’s decision.

Privacy, Data and Anti-Money Laundering

A second tranche of privacy reform is being progressed, 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 professional advisers and for property and corporate transactions.

Tax, Superannuation, Climate and Consumer Law

Australia’s Pillar Two global and domestic minimum tax is bedding in, with its domestic minimum tax recognised as having QDMTT safe harbour status on the OECD central record, alongside public country-by-country reporting and continuing multinational integrity measures. The Payday Super reforms, requiring the superannuation guarantee to be paid each payday, take effect from 1 July 2026.

Mandatory climate-related financial disclosure is being phased in for large entities and financial institutions, with thresholds expanding through 2026 and 2027. The government is considering a general prohibition on unfair trading practices, while enforcement of the unfair contract terms regime, which has carried civil penalties since November 2023, remains a regulator priority.