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Journal articles on the topic 'Television Law and legislation Australia'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 January 2023

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1

Hitchens, L. P. "Approaches to broadcasting regulation: Australia and United Kingdom compared." Legal Studies 17, no. 01 (March 1997): 40–64. http://dx.doi.org/10.1111/j.1748-121x.1997.tb00659.x.

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Delivering the 1995 Goodman Lecture, David Glencross, the then Chief Executive of the Independent Television Commission (‘ITC’) commented that the Broadcasting Act 1990 did not contain sufficient flexibility to allow the ITC to deal effectively with unforeseen developments such as changing technology and media ownership and control issues. This is an interesting comment on the legislation because the Broadcasting Act 1990 represented a deliberate move towards a rule-based form of regulation away from the flexible, non-specific and discretionary style of the Broadcasting Act 1981 which it repla

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2

Allan, T. R. S. "Ad Hominem Legislation in Australia." Cambridge Law Journal 56, no. 1 (March 1997): 4–6. http://dx.doi.org/10.1017/s0008197300017542.

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3

Clarke, Tenille. "Legislation in Australia: Social Control or Education?" Australian Journal of Environmental Education 17 (2001): 115–17. http://dx.doi.org/10.1017/s0814062600002512.

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The primary function of legislation in Australia is that of an educative one rather than an enforcement role. An example of legislation the main function of which is to educate is the Occupational Health and Safety Act, 1985 (O.H.&S. Act). The main aim of the Act is to legislate for a safe work place, breaches of the Act can induce human suffering, therefore the Act is designed to prevent workplace accidents, not to prosecute.The O.H.&S. Act was introduced after a time of social change. The sixties and seventies were times of protest on matters concerning equality for women and for man

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4

Schofield-Georgeson, Eugene, and Michael Rawling. "Industrial legislation in Australia in 2019." Journal of Industrial Relations 62, no. 3 (April 2, 2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.

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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key

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5

Keyes, Mary. "Jurisdiction Clauses in New Zealand Law." Victoria University of Wellington Law Review 50, no. 4 (December 2, 2019): 631. http://dx.doi.org/10.26686/vuwlr.v50i4.6305.

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The Trans-Tasman Proceedings Acts 2010, mirror legislation in New Zealand and Australia, regulate the allocation of jurisdiction in trans-Tasman civil proceedings. The legislation includes provisions dealing with the effects of jurisdiction clauses. This article considers the treatment of jurisdiction clauses under the statutory regime and the common law regime which provides for the effect of jurisdiction clauses that are outside the scope of the legislation, how these regimes differ, and their relative strengths and weaknesses.

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6

Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2018." Journal of Industrial Relations 61, no. 3 (May 1, 2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.

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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempt

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7

Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.

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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and se

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8

Fahey, James, and Rosemary Lyster. "Geosequestration in Australia: Existing and Proposed Regulatory Mechanisms." Journal for European Environmental & Planning Law 4, no. 5 (2007): 378–92. http://dx.doi.org/10.1163/187601007x00316.

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AbstractGeosequestration1 involves the capture (from power stations and other facilities) and storage of carbon dioxide for very long periods of time in underground geological formations. This article is concerned with key legal and regulatory issues associated with establishing and operating geosequestration projects in Australia. It highlights the recent increased interest in, and raised profile of, using geosequestration as a greenhouse gas abatement measure in Australia. It reviews the cooperative efforts of the States, Territories and the Commonwealth to develop a nationally consistent re

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9

Horsfield, Peter. "Down the Tube: Religion on Australian Commercial Television." Media International Australia 121, no. 1 (November 2006): 136–48. http://dx.doi.org/10.1177/1329878x0612100116.

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Since 9/11, the question of the place of religion in the public sphere has re-entered public consciousness in Australia, most recently in links drawn between religion and terrorism, debates about free speech and religious vilification, and discussions about religion and the national character. This paper sets a background to these contemporary issues by examining some of the influential factors and personalities in the changing legislation about the mandatory broadcast of religion on Australian commercial television, from its earliest influences through some of the key contests in its subseque

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10

Bird, Ruth. "Legal Research and the Legal System in Australia." International Journal of Legal Information 28, no. 1 (2000): 70–92. http://dx.doi.org/10.1017/s073112650000888x.

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The law in Australia is derived from legislation passed in Australian parliaments, at Federal and State level, together with the English Common law tradition and the Australian Common Law which developed from the English Common Law.

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11

Williams, Peter John, and Angelique Mary Williams. "Sustainability and planning law in Australia: achievements and challenges." International Journal of Law in the Built Environment 8, no. 3 (October 10, 2016): 226–42. http://dx.doi.org/10.1108/ijlbe-06-2016-0008.

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Purpose Since 1992, all levels of government in Australia have pursued a policy of ecologically sustainable development (ESD). Crafted in response to the World Commission on Environment and Development 1987 report Our Common Future (the Brundtland Report), the principles contained in the Australian Government’s National Strategy for Ecologically Sustainable Development have been progressively implemented at the national, state and local levels of government. The purpose of this paper is not only to track the implementation of these principles, through both policy and law in Australia, but also

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12

Nikolova, Rayna. "A Completely New Organic Law is Necessary for the Bulgarian National Radio and Television." De Jure 13, no. 1 (June 27, 2022): 14–24. http://dx.doi.org/10.54664/ubag7147.

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The article comments on the shortcomings of the Bulgarian Radio and Television Act, which affect the legal status of the Bulgarian National Radio (BNR) and the Bulgarian National Television (BNT). It identifies the administrative licensing and registration regimes in relation to public service media as unnecessary, and presents in-depth theoretical and practical arguments for this. The publication also discusses a draft law amending the Broadcasting Act of 2020, which deepens the weaknesses of Bulgarian media legislation regarding the licensing of BNR and BNT.

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13

Kirkby, Kenneth C., and Scott Henderson. "Australia's mental health legislation." International Psychiatry 10, no. 2 (May 2013): 38–40. http://dx.doi.org/10.1192/s174936760000374x.

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Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which

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14

McDonald, Margaret. "Developments in Adoption Information Legislation in Australia." Adoption & Fostering 16, no. 3 (October 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.

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The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.

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15

Storm, Ansia, and Katrina Coetzee. "Towards Improving South Africa's Legislation On Tax Evasion: A Comparison Of Legislation On Tax Evasion Of The USA, UK, Australia And South Africa." Journal of Applied Business Research (JABR) 34, no. 1 (December 29, 2017): 151–68. http://dx.doi.org/10.19030/jabr.v34i1.10106.

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The fight against tax evasion in South Africa is an ongoing battle. The tools available to law enforcement boil down to legislation and the enforcement thereof. The purpose of the study that was done for this article was to compare available legislation of the United States of America, United Kingdom, Australia and South Africa to determine if South Africa’s legislation can be improved. This was done by studying the relevant literature and legislation of all four countries. The findings, that there is some clauses that can be added to improve South Africa’s legislation, were confirmed by analy

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Duncan, Jill, Renée Punch, Mark Gauntlett, and Ruth Talbot-Stokes. "Missing the mark or scoring a goal? Achieving non-discrimination for students with disability in primary and secondary education in Australia: A scoping review." Australian Journal of Education 64, no. 1 (February 19, 2020): 54–72. http://dx.doi.org/10.1177/0004944119896816.

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Australia has legislation in the form of the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of discrimination against students with disability in primary and secondary schooling. The review reports on the findings of a systematic search of law and education databases that identified 18 peer-reviewed articles discussing the legislation, relevant literature and related

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17

Gray, Anthony. "Police Power to Conduct a Search without Reasonable Suspicion in Australia: A Comparative Perspective." European Public Law 17, Issue 2 (June 1, 2011): 331–47. http://dx.doi.org/10.54648/euro2011023.

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This article considers recent amendments and proposed amendments to Australian law, allowing police to conduct a search of an individual in prescribed cases without the need to show 'reasonable suspicion'. Similar legislation had been passed in the United Kingdom and was recently the subject of litigation in the European Court of Human Rights and the House of Lords, as it was at that stage. It is argued that. similar to the approach of the European Convention on Human Rights, the court should find such legislation to be contrary to the rule of law and to due process. The article also considers

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18

McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.

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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in som

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19

Tulich, Tamara. "Prevention and Pre-emption in Australia’s Domestic Anti-terrorism Legislation." International Journal for Crime, Justice and Social Democracy 1, no. 1 (November 5, 2012): 52–64. http://dx.doi.org/10.5204/ijcjsd.v1i1.68.

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The move towards prevention in domestic anti-terror law and policy was initially justified as an exceptional response to the exceptional threat of transnational terrorism following September 11, 2001. However, commonalities are discernable between prevention in anti-terror law and prevention as employed in other areas of Australian law. To begin contextualising and analysing preventive practices in Australia, a framework is required. ‘The preventive state’ provides one way to view the collection of preventive measures employed in Australia. Engaging a governmentality perspective has the potent

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20

Guilfoyle, Douglas. "Nulyarimma v Thompson: Is Genocide a Crime at Common Law in Australia?" Federal Law Review 29, no. 1 (March 2001): 1–36. http://dx.doi.org/10.1177/0067205x0102900101.

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Australia will, I believe, ratify the convention and afterwards this Parliament will pass the necessary legislation to show other countries that we join in universal condemnation of the horror [of genocide]. 1 1 Cth Parl Deb 1949, Vol 203 at 1873 per Dr Evatt.

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21

George, Allen. "Sex offenders no more: Historical homosexual offences expungement legislation in Australia." Alternative Law Journal 44, no. 4 (June 14, 2019): 297–301. http://dx.doi.org/10.1177/1037969x19856169.

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The capability to remove homosexual offences from a criminal record has finally been adopted across Australia with the introduction of expungement legislation. This article analyses the reasons for its introduction, considers the number of people affected and suggests that a pardon, similar to the Turing Law in the UK, may address the low number of applications. The passing of this legislation not only restores the offender, it also allows current legislators to address the injustice of their predecessors' actions and to demonstrate continued support for LGBTIQ communities.

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22

Waller, Lisa, and Katrina Clifford. "Ice towns: Television representations of crystal methamphetamine use in rural Australia." Crime, Media, Culture: An International Journal 16, no. 2 (April 29, 2019): 185–99. http://dx.doi.org/10.1177/1741659019845025.

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The Australian news media regularly presents crystal methamphetamine use as a non-metropolitan ‘epidemic’ sweeping through country towns with devastating consequences for affected communities. Considerations of place and the notion of rurality are therefore crucial to understanding how these media representations are constructed and their power to influence national understandings of rural people, places and policy debates. In order to explore these complexities, we apply Simon Cottle’s ‘communicative architecture of television’ methodology to an analysis of three long-form reportage televisio

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23

Kucher, S. A. "Legal Regulation of Spreading Opinions and Beliefs through TV Broadcasting." Law and Safety 81, no. 2 (July 2, 2021): 154–59. http://dx.doi.org/10.32631/pb.2021.2.21.

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The research is focused on the problems of legal regulation of spreading opinions and beliefs through TV broadcasting. The scientific novelty of the research consists of the provisions on the need to amend the legislation on establishing the procedure for inspection and monitoring of television organizations by the National Council on Television and Radio Broadcasting. The author has studied legislative acts regulating the activity of mass media and works of scholars, where the peculiarities of the legal status of television organizations are covered. It has been stated that the constitu

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24

Corrin, Jennifer. "Australia: Country Report on Human Rights." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 37. http://dx.doi.org/10.26686/vuwlr.v40i1.5378.

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This article provides a country report on the status of human rights in Australia. Human rights law in Australia is embodied in three sources: constitutional provisions, federal, state and territorial legislation, and the common law. However, the author notes that Australia has not embraced the 'rights revolution' seen elsewhere around the world as it does not have a constitutionally enshrined charter of human rights. This status of human rights under Australian law reflects the nation's conservative approach to constitutional law reform, and it is argued that the above sources of human rights

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Sadiq, Kerrie. "Country notes: Tax and Whistle-Blower Protection: Part of a Commitment to Tackling Tax Misconduct in Australia." Intertax 46, Issue 5 (May 1, 2018): 429–33. http://dx.doi.org/10.54648/taxi2018044.

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Many jurisdictions face the question of whether to legislate to introduce a whistle-blower protection regime for disclosures of information regarding breaches of tax laws or misconduct relating to an entity’s tax affairs. To this extent, Australia is no exception and is in the process of passing legislation through Parliament to insert a comprehensive regime into the Taxation Administration Act 1953 for the protection of individuals who report breaches of the tax laws or misconduct. Like all regulatory reform, the introduction of the legislation has been a lengthy and controversial process whi

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Prenzler, Tim, and Rick Sarre. "A Survey of Security Legislation and Regulatory Strategies in Australia." Security Journal 12, no. 3 (July 1999): 7–17. http://dx.doi.org/10.1057/palgrave.sj.8340026.

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Skead, Natalie, Tamara Tulich, Sarah Murray, and Hilde Tubex. "Reforming proceeds of crime legislation: Political reality or pipedream?" Alternative Law Journal 44, no. 3 (March 6, 2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.

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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's

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Hitchens, Peta L., Rachael H. Booth, Kirsten Stevens, Annabelle Murphy, Bidda Jones, and Lauren M. Hemsworth. "The Welfare of Animals in Australian Filmed Media." Animals 11, no. 7 (July 2, 2021): 1986. http://dx.doi.org/10.3390/ani11071986.

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Animals play a significant role in the production of film and television in Australia and globally. Given this, regulating and monitoring their welfare on- and off-set is imperative. We therefore aim to compare Australia’s state and territory-based legislation and regulation to those in the United States and the United Kingdom and assess regulations against the Five Domains Model of animal welfare. Historical examples of animal incidents in Australian film are used to illustrate potential deficiencies. We reviewed archived media for animal welfare incidents on and off production sets. We demon

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29

Ludeke, J. T. "The External Affairs Power: Another Province for Law and Order?" Journal of Industrial Relations 35, no. 3 (September 1993): 453–67. http://dx.doi.org/10.1177/002218569303500306.

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Although there was some surprise when the prime minister announced that the government would legislate to give effect to certain conventions of the International Labour Organisation, the way has been open to take this initiative for many years. The possibility of relying on the external affairs power in the Constitution to invoke the conventions, and thereby regulate labour conditions, was first canvassed in the High Court in 1936. Since 1982, there has been a series of cases involving Common wealth legislation founded on conventions to which Australia is party and it is now well established t

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Foulkes, Christopher. "The Shafts of Strife and War: A Critical Analysis of the Immigration (Mass Arrivals) Amendment Bill." Victoria University of Wellington Law Review 43, no. 4 (December 1, 2012): 547. http://dx.doi.org/10.26686/vuwlr.v43i4.5023.

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This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In rel

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Woiwod, Dayna M., and Deborah A. Connolly. "Continuous Child Sexual Abuse." Criminal Justice Review 42, no. 2 (May 22, 2017): 206–25. http://dx.doi.org/10.1177/0734016817704700.

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Due to calls for reform of legislation that accounts for the difficulties complainants of repeated child sexual abuse (CSA) face when asked to particularize individual acts, jurisdictions in the United States and Australia have adopted continuous CSA statutes. Continuous CSA statutes allow for reduced particularity of individual instances when abuse is repeated. In this article, we discuss particularization requirements and how they are adapted in current jurisdictions in the United States and Australia with continuous CSA statutes. We then discuss the relevant research on children’s memory fo

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Ponomareva, Daria, and Aleksey Kubyshkin. "Genetic discrimination in foreign legislation and law-enforcement practice." SHS Web of Conferences 134 (2022): 00071. http://dx.doi.org/10.1051/shsconf/202213400071.

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The article is devoted to the problematic issues of legal regulation of public relations arising from protection against discrimination based on genetic status in the legislation and law enforcement practice of a number of foreign countries (Australia, Canada, the United States of America). The authors analyzed the concept of discrimination based on genetic status, formulated in the legal acts of states; an attempt was made to present their own interpretation of this term. The article provides an overview of the international legal framework for the regulation of public relations arising from

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33

Skaik, Samer. "Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives." International Journal of Law in the Built Environment 9, no. 2 (July 10, 2017): 162–75. http://dx.doi.org/10.1108/ijlbe-03-2017-0009.

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Purpose Statutory adjudication was introduced into the security of payment (SOP) legislation as a fast-track payment dispute resolution process with an express object to facilitate cash flow within the construction contractual chain. After more than a decade of the operation of the regime in Australia and Singapore, it becomes apparent that there are many operational problems that jeopardise the intended object of the legislation, particularly in adjudicating complex payment disputes. The aim of this paper is to explore views of the industry stakeholders regarding some operational problems of

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Lunney, Mark. "Common Law Codification: Lessons and Warnings from Twenty-First Century Australia." Journal of European Tort Law 10, no. 3 (January 10, 2020): 183–206. http://dx.doi.org/10.1515/jetl-2019-0120.

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AbstractCodification of tort law is a rare phenomenon in the common law world. However, building on earlier precedents, in the early 2000s, Australian jurisdictions embarked on a project of placing important general principles of negligence law into legislation. This article considers these provisions and argues that they can be considered as an attempt to codify certain parts of the law of tort. Both the process by which this codification took place, and the contents of the ‘codes’, provide interesting comparative material for civilian jurisdictions with codified tort law as well as for commo

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Mitchell, Andrew D. "Is Genocide a Crime Unknown to Australian Law? Nulyarimma v. Thompson." Yearbook of International Humanitarian Law 3 (December 2000): 362–83. http://dx.doi.org/10.1017/s1389135900000702.

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While it is clear that international treaties become part of Australian domestic law only once implemented by domestic legislation, it is less certain whether implementing legislation is required to incorporate customary international law into Australian law. This question is assuming a new importance as international law moves beyond dealing simply with relationships between sovereign nations to protecting the human rights of groups and individuals within states. Since the arrival of Europeans, indigenous Australians have witnessed enormous violations of their human rights. InNulyarimmav.Thom

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Grantham, Ross. "To Whom Does Australian Corporate and Consumer Legislation Speak?" University of Queensland Law Journal 37, no. 1 (May 18, 2020): 57–67. http://dx.doi.org/10.38127/uqlj.v37i1.4133.

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Is it feasible for regulation (and particularly legislation) effectively to communicate to the participants the rights, duties, processes, and procedures that embody the regulatory goals upon which they are meant to act. Looking at attempts in Australia to implement this regulatory strategy in the fields of corporate law andconsumer law, this article suggests that a more profound change would need to occur in the form and style of Australian legislation before such an approach is viable.

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Pardy, Maree, Juliet Rogers, and Nan Seuffert. "Perversion and Perpetration in Female Genital Mutilation Law: The Unmaking of Women as Bearers of Law." Social & Legal Studies 29, no. 2 (July 23, 2019): 273–93. http://dx.doi.org/10.1177/0964663919856681.

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Female genital cutting (FGC) or, more controversially, female genital mutilation, has motivated the implementation of legislation in many English-speaking countries, the product of emotive images and arguments that obscure the realities of the practices of FGC and the complexity of the role of the practitioner. In Australia, state and territory legislation was followed, in 2015, with a conviction in New South Wales highlighting the problem with laws that speak to fantasies of ‘mutilation’. This article analyses the positioning of Islamic women as victims of their culture, represented as perfor

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Lisk, Joel, and Melissa de Zwart. "Watch This Space: The Development of Commercial Space Law in Australia and New Zealand." Federal Law Review 47, no. 3 (June 17, 2019): 444–68. http://dx.doi.org/10.1177/0067205x19856498.

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Space law is regulated largely by international treaties which have little to say regarding the use and regulation of commercial space. As the costs of access to outer space decrease and the benefits exponentially increase, more countries are seeking to support and encourage ‘NewSpace’ entrepreneurs in order to establish commercial space industries. Australia has been a minor player in the space domain, primarily through involvement with Europe and the US since the late 1960s, but its domestic legislation bears little relevance to the shape of space industry today. Australia’s neighbour, New Z

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Briskman, Linda. "The Creeping Blight of Islamophobia in Australia." International Journal for Crime, Justice and Social Democracy 4, no. 3 (October 5, 2015): 112–21. http://dx.doi.org/10.5204/ijcjsd.v4i3.244.

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In the latter months of 2014, following events in faraway Iraq and Syria, Australia responded forcefully at home. The manufactured fear of a terrorist attack resulted in police raids, increased counter-terrorism legislation and scare campaigns to alert the public to 'threat'. Although Islamophobia rose in Australia after 2001 it has been latent in recent years. It is on the rise again with collateral damage from government measures including verbal and physical attacks on Australian Muslims. Vitriol is also directed at asylum seekers and refugees. Media, government and community discourses con

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Douglas, Michael, Mary Keyes, Sarah McKibbin, and Reid Mortensen. "The HCCH Judgments Convention in Australian Law." Federal Law Review 47, no. 3 (July 15, 2019): 420–43. http://dx.doi.org/10.1177/0067205x19856503.

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In May 2018, the Hague Conference on Private International Law (‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is expected to take place in 2019 at which this draft ‘Judgments Convention’ will be presented. If a multilateral convention emerges from the Diplomatic Session, Australia is likely to be an early adopter: the Commonwealth Attorney-General’s Department conducted a public consultation on the draft Judgments Convention in 2018. Against that background, this article considers the impact of implementation of t

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Richardson, Ivor. "Simplicity in Legislative Drafting and Rewriting Tax Legislation." Victoria University of Wellington Law Review 43, no. 3 (September 1, 2012): 517. http://dx.doi.org/10.26686/vuwlr.v43i3.5032.

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The search for simplicity in legislative drafting affects all legislatures. It is also central to the work of the New Zealand Law Commission and of governments in other comparable jurisdictions. Rather than exploring a range of statutes in various jurisdictions, this article focuses on income tax. It does so for two reasons. The first is that income tax has been crucial to the funding of government in common law jurisdictions and to achieving a legislative balance between simplicity and other criteria of an acceptable tax system. The second is that we can draw on three recent projects to rewri

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Daglish, Kristen. "The Crime of Genocide: Nulyarimma v. Thompson." International and Comparative Law Quarterly 50, no. 2 (April 2001): 404–11. http://dx.doi.org/10.1093/iclq/50.2.404.

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On 31 May 1999 two matters came before the Full Federal Court of Australia, constituted by Justices Whitlam, Wilcox and Merkel. The two cases heard together were different in nature and origin, but their common feature was a claim of genocide. The primary issue was whether the international crime of genocide forms part of the law of Australia. The majority view was that, before an international crime could be prosecuted in an Australian court, specific domestic legislation needed to be enacted. The dissenting opinion was that genocide had become an offence at common law and could be prosecuted

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Butterly, Lauren, and Lucas Lixinski. "Aboriginal Cultural Heritage Reform in Australia and the Dilemmas of Power." International Journal of Cultural Property 27, no. 1 (February 2020): 125–49. http://dx.doi.org/10.1017/s0940739120000028.

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AbstractThe last decade or so has seen a fundamental shift in Aboriginal cultural heritage law in Australia. A number of subnational jurisdictions in Australia have undergone major reforms to their Aboriginal heritage legislation. Other subnational jurisdictions are currently in the reform process or have promised reform in coming years. We use the latest (and, at the time of writing, ongoing) process to reform Aboriginal heritage legislation in the state of New South Wales (NSW) to explore some of the legal issues and themes emanating from the Australian experience. The NSW example is a usefu

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Thornton, Margaret. "Domesticating Disability Discrimination." International Journal of Discrimination and the Law 2, no. 3 (March 1997): 183–98. http://dx.doi.org/10.1177/135822919700200303.

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This paper presents a brief overview of disability discrimination legislation in Australia over the last two decades. The documentation of the Australian experience may he of interest to jurisdictions contemplating such legislation. Although a raised social consciousness concerning disability has engendered remedial and prophylactic developments a simple progressivist thesis has to he rejected because antidiscrimination legislation is also sensitive to less positive social moods. Despite the appearance of sophisticated models of legislation during the last decade, die conservative political mo

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Rhoades, Helen. "The Dangers of Shared Care Legislation: Why Australia Needs (Yet More) Family Law Reform." Federal Law Review 36, no. 3 (September 2008): 279–99. http://dx.doi.org/10.22145/flr.36.3.1.

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Rhoades, Helen. "The Dangers of Shared Care Legislation: Why Australia Needs (Yet More) Family Law Reform." Federal Law Review 36, no. 3 (September 2008): 279–99. http://dx.doi.org/10.1177/0067205x0803600301.

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Monteiro Penteado, Ana Elisa. "The law of the land: intangible ad tangible rights in Aboriginal Australia." Revista de Direito Econômico e Socioambiental 3, no. 1 (January 1, 2012): 227. http://dx.doi.org/10.7213/rev.dir.econ.socioambienta.03.001.ao08.

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This article deals with the Convention on Biological Diversity, article 8 (j) in connection tothe national and local legislation to be enacted prior to article 8 (j) enforcement. It showsthat for legal protection of Indigenous Peoples’s intangible rights, land rights are to be resolvedby government and organisms devoted to land right claimed by Aboriginal Peoples.The experience of Australia through its recent colonization, decolonization and reviewof social values presented by Rudd Administration secured Indigenous Peoples rights. In conclusion, this article proposes a multi-action from histor

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Sokolowski, Maciej M. "Renewable Energy Communities in the Law of the EU, Australia, and New Zealand." European Energy and Environmental Law Review 28, Issue 2 (April 1, 2019): 34–46. http://dx.doi.org/10.54648/eelr2019004.

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The article juxtaposes the regulatory approach to small renewable energy sources and energy communities in the European Union, Australia, and New Zealand, highlighting such matters as the nature, character, and scope of the regulatory model of renewable energy sector. The paper also analyses energy communities in the past, current and drafted European law (as in the "Clean Energy for all Europeans" package) as well as discussing relevant legislation and policies on small renewable energy sources and energy communities in Australia and New Zealand. In this context, this article reviews the poss

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Weller, Penny. "Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law." Public Space: The Journal of Law and Social Justice 4 (November 28, 2009): 17. http://dx.doi.org/10.5130/psjlsj.v4i0.1167.

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On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and political rights alone will not adequately address the human rights problems that are experienced in Austr

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Tredoux, Liezel G., and Kathleen Van der Linde. "The Taxation of Company Distributions in Respect of Hybrid Instruments in South Africa: Lessons from Australia and Canada." Potchefstroom Electronic Law Journal 24 (January 12, 2021): 1–36. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a6781.

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Tax legislation traditionally distinguishes between returns on investment paid on equity and debt instruments. In the main, returns on debt instruments (interest payments) are deductible for the paying company, while distributions on equity instruments (dividends) are not. This difference in taxation can be exploited using hybrid instruments and often leads to a debt bias in investment patterns. South Africa, Australia and Canada have specific rules designed to prevent the circumvention of tax liability when company distributions are made in respect of hybrid instruments. In principle, Austral

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