Database

According to the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014, which entered into force in October 2015, internet and mobile service providers are required to store metadata for 24 months. The Bill allows law enforcement and security agencies to request access to the metadata retained by internet and mobile service providers, often without a warrant.

Under the Federal Privacy Act, before an organisation discloses personal information to an overseas recipient, it must take reasonable steps to ensure that the overseas recipient will not breach the Australian Privacy Principles (APPs).
This requirement does not apply only if:
- the overseas recipient is bound by a law similar to the APPs that the data subject can enforce;
- the data subject consents to the disclosure of the personal data in the particular manner prescribed by APP; or
- another exception applies.
An organisation may be held liable for any breaches by that overseas organisation of the APPs.

The Personally Controlled Electronic Health Record Act of 2012 requires local data centres to handle 'personally controlled electronic health records'. Therefore, no electronic health information can be held or processed outside Australia, unless they do not "include information in relation to a consumer" or "identifying information of an individual or entity".

Since 2013, so-called "subclass 457 sponsors" (i.e. firms that would like to hire skilled workers) must demonstrate that no suitably qualified and experienced Australian citizens or residents are readily available to fill the posted vacancy. The firms are also required to provide proof of sufficient effort in trying to hire an Australian citizen or resident. These two requirements do not apply to highest-skills occupations.

There are labour market tests for intra-corporate transferees (ICT), contractual service suppliers (CSS) as well as independent service suppliers (ISS). However, senior executives are exempted from labour market tests when the profession in question is part of a labour agreement or a so-called "Australia Supported Skills (IASS) agreement," which is a national program to increase skills in certain sectors.

There is an extended liability for patent infringement. A person can be liable for patent infringement if he/she has engaged in a ‘common design’ with another party who has committed an infringing act. It is not necessary that the parties understood that their actions would lead to infringement of a patent, nor whether there has been direct contact between the relevant parties.

Currently, the Copyright Act provides for listed fair dealing exceptions.

In 2011, an Australian federal court granted Apple's request for an injunction against Samsung's Galaxy Tab 10.1. The injunction was later overturned by the High Court of Australia.

Under the Foreign Acquisitions and Takeovers Act 1975, prior approval by the Foreign Investment Review Board is required for foreign involvement in the establishment of new entrants to the telecommunications sector or investment in existing telecommunications businesses. Additionally, the Communications Minister may declare that a carrier license is subject to a condition depending on the extent of the foreign investment. This is reported to be discretionary.

The acquisition of a local firm shall be notified and get prior approval before acquiring a substantial interest in an Australian business that is valued above 250 million USD. The proposed acquisitions can be refused on the grounds that they would be contrary to the national interests. This concept is broad and can include national security, competition, compliance wirh other laws and regulations, the economy and the community and the character of the investor. The USTR reported this notification procedure as an investment barrier in 2013.

Foreign investment, regardless of its value, must be notified and get prior approval. Proposals are dealt on a case-by-case basis and will normally be approved unless they are judged to be contrary to the national interest. Under this scheme, in 2012, Australia blocked China's Huawei Technologies Co Ltd from tendering for contracts in the country's $38 billion National Broadband Network due to cyber security concerns.

A proprietary company must have at least one director who must also have resident status in Australia. A public company must have at least three directors, two of whom must be ordinarily residents in Australia.

Australia is the only major industrialised country which has not yet joined the WTO plurilateral agreement on Government Procurement (GPA). The country is only an observer and therefore it is not bound by the market access provisions covered by the GPA. However, Australia's Minister for Trade and Investment announced on 2 June 2015 that Australia will launch negotiations to accede to the GPA.

NBN Co., an Australian government-owned corporation, has prevented Huawei products from winning tenders for supply contracts concerning the design, build up and the operation of Australia's National Broadband Network. The reason for this were concerns about alleged links of Huawei to China's military.

On 17 March 2015, the Minister for Indigenous Affairs and the Minister for Finance introduced a new indigenous procurement policy. The Commonwealth Government has set a target of awarding 3% of new Commonwealth contracts to indigenous suppliers in 2020. Certain contracts will include mandatory minimum indigenous participation requirements (employment and supplier use) to help drive more indigenous employment and supplier use in some of Australia’s biggest companies.