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Artykuły w czasopismach na temat „Statutes – australia”

Autor: Grafiati

Data publikacji: 29 lipca 2024

Data aktualizacji: 31 lipca 2025

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1

Morton, Rochelle, and Alexandra L. Whittaker. "Understanding Subordinate Animal Welfare Legislation in Australia: Assembling the Regulations and Codes of Practice." Animals 12, no. 18 (2022): 2437. http://dx.doi.org/10.3390/ani12182437.

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The state-based approach to regulating animal welfare in Australia is thought to create national dis-uniformity in that each state and territory legislates and operates inconsistently. The animal welfare legal framework in each of the eight Australian jurisdictions is made up of a primary statute and subordinate legislation, where subordinate animal welfare legislation, in the forms of regulations and codes of practices, are lower-ranking laws that are given power under the jurisdiction’s specific animal welfare statute. Since a review of animal welfare statutes identified broad patterns betwe

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Harder, Sirko. "STATUTES OF LIMITATION BETWEEN CLASSIFICATION AND RENVOI—AUSTRALIAN AND SOUTH AFRICAN APPROACHES COMPARED." International and Comparative Law Quarterly 60, no. 3 (2011): 659–80. http://dx.doi.org/10.1017/s0020589311000261.

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AbstractThis article compares the ways in which Australian and South African courts have approached issues of classification and renvoi where a defendant argues that the action is time-barred. There are two differences in approach. First, Australian courts classify all statutes of limitation as substantive, whereas South African courts distinguish between right-extinguishing statutes (substantive) and merely remedy-barring statutes (procedural). Second, the High Court of Australia has used renvoi in the context of the limitation of actions whereas South African courts have yet to decide on whe

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Woiwod, Dayna M., and Deborah A. Connolly. "Continuous Child Sexual Abuse." Criminal Justice Review 42, no. 2 (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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Murphy, Julian R. "Oceans Apart?: The Rule of Lenity in Australia and the United States." British Journal of American Legal Studies 9, no. 2 (2020): 233–60. http://dx.doi.org/10.2478/bjals-2020-0011.

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AbstractOccasionally traced back to Byzantine times, the rule that penal statutes are to be interpreted strictly in favor of the subject, also known as the rule of lenity, now finds expression in common law countries across the world. This Article compares the origins and evolution of the rule in Australia and the United States. The comparison is timely because of the current uncertainty in both jurisdictions about the rule's rationale and scope and because of an emerging global trend towards the “constitutionalization” of common law rules of interpretation. In the course of the analysis, vari

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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (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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Grau, Karen. "Parliamentary Sovereignty: New Zealand - New Millennium." Victoria University of Wellington Law Review 33, no. 2 (2002): 351. http://dx.doi.org/10.26686/vuwlr.v33i2.5846.

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The author examines contemporary debates in New Zealand and Australia over the power of the Courts to disregard Statutes and concludes that such a power, if it exists, ought to be exercised cautiously.

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Bentil, J. Kodwo. "Environmental Protection and Improvement Statutes and their Primacy over other Statutes in Australia—a Noteworthy Juridical Feature." Statute Law Review 8, no. 1 (1987): 32–43. http://dx.doi.org/10.1093/slr/8.1.32.

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Brodie, Pat, and Lesley Barclay. "Contemporary issues in Australian midwifery regulation." Australian Health Review 24, no. 4 (2001): 103. http://dx.doi.org/10.1071/ah010103.

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This paper reports on research that examined the Nurses' Acts, regulations and current policies of each state and territory in Australia, in order to determine their adequacy in regulating the education and practice of midwifery. This is part of a three-year study (Australian Midwifery Action Project) set up to identify and investigate barriers to midwifery within the provision of mainstream maternity services in Australia. Through an in-depth examination and comparison of key factors in the various statutes, the paper identifies their effect on contemporary midwifery roles and practices. The

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Dale, Gregory. "Appealing to Whom? Australia's ‘Appellate Jurisdiction’ Over Nauru." International and Comparative Law Quarterly 56, no. 3 (2007): 641–58. http://dx.doi.org/10.1093/iclq/lei186.

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A peculiar and unique agreement exists between Australia and Nauru, which has ensured that, since 1976, appeals may be brought from the Supreme Court of Nauru, an independent Republic, to the High Court of Australia by virtue of a bilateral treaty1 and statutes of the respective Parliaments.2 In 1998 and 1999 two High Court judgments left a question mark hanging over the constitutional validity of this appellate scheme.3 Furthermore, in 2001, the Australian Law Reform Commission (ALRC) expressed the view that Australia should terminate the agreement as the arrangement was of no perceived ‘util

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10

Dodge, William S. "The Presumption Against Extraterritoriality in Two Steps." AJIL Unbound 110 (2016): 45–50. http://dx.doi.org/10.1017/s2398772300002385.

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For the past twenty-five years, the presumption against extraterritoriality has been the Supreme Court’s principal tool for determining the geographic scope of federal statutes. In 2010, Morrison v. National Australia Bank used the presumption to decide the scope of Section 10(b) of the Securities Exchange Act, which prohibits securities fraud. Morrison approached the question in two steps. First, it looked for a “clear indication of extraterritoriality” to rebut the presumption and found none. Second, it looked to see if application of the statute would be domestic or extraterritorial by exam

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Wootten, Meg. "Rethinking legal regulation of animal hoarding." Alternative Law Journal 42, no. 2 (2017): 137–42. http://dx.doi.org/10.1177/1037969x17710629.

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Animal hoarding is a poorly understood phenomenon with potentially disastrous consequences for both the people and animals involved, but there has been little critique of the current legal regulation in Australia. The author examines the current regulation of animal hoarding in Australia, argues it is deficient because it does not address the psychological disorder underpinning the hoarding behaviour, and suggests a new model for regulating and addressing animal hoarding, including changes to animal welfare statutes and a multidisciplinary regulatory ‘court’ with a long-term focus.

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12

McCrystal, Shae. "The Right to Strike and the "Deadweight" of the Common Law." Victoria University of Wellington Law Review 50, no. 2 (2019): 281. http://dx.doi.org/10.26686/vuwlr.v50i2.5746.

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The hostility of the common law in respect of collective action by workers in the form of strikes is notorious. To provide workers with a right to strike, legislative intervention is necessary. In New Zealand and Australia, legislative enactment of the right to strike has taken the form of the "immunity approach" whereby strike action which meets the prerequisites for protection under the relevant statute receives immunity from common law action, while that which does not remains subject to potential liability at common law.This article analyses the adoption of the immunity approach in Austral

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13

Esbeck, Carl H. "CHARITY FOR THE AUTONOMOUS SELF." Journal of Law and Religion 32, no. 1 (2017): 185–96. http://dx.doi.org/10.1017/jlr.2017.14.

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Australia adopted the Charities Act of 2013, consolidating and restating the country's governing statutes on the registration and qualification of charities, but leaving to the future any reconciliation between faith-related charities claiming religious liberty and others demanding marriage equality and no discrimination based on sexuality. Concurrent to this development, but with an eye to the direction of charity law in common law systems throughout the world, major works have come to us from two Australian scholars. In this review I offer much about these two monographs, but the discussion

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Baldwin, Guy. "The Lawfulness of Citizenship Deprivation: Comparing Australia and the UK." Laws 14, no. 2 (2025): 12. https://doi.org/10.3390/laws14020012.

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The rise in international terrorism has led to a rise in citizenship deprivation. Depriving a person of citizenship represents a harsh national security measure. Although both Australia and the UK have citizenship deprivation legislation, the judicial response has differed. In Australia, two laws providing for deprivation of citizenship have been found unconstitutional. In the UK, significant challenges to citizenship deprivation decisions have failed, including those relating to Shamima Begum, deprived of UK citizenship in 2019, whose request for permission to appeal in respect of the decisio

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15

Morabito, Vince. "Contingency Fee Agreements with Represented Persons in Class Actions—An Undesirable Australian Phenomenon." Common Law World Review 34, no. 3 (2005): 201–28. http://dx.doi.org/10.1350/clwr.2005.34.3.201.

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Part IVA of the Federal Court of Australia Act 1976 (Cth), which has been regulating class actions in the Federal Court of Australia since 1992, is silent with respect to the crucial issue of whether the lawyers hired by the class representatives may enter into contingency fee agreements with such representatives and/or the persons on whose behalf the class proceedings are instituted, the class members. This silence was attributable to the Australian Government's rejection of the Australian Law Reform Commission's recommendation that the legislative regime governing class actions should expres

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16

Whitting, Laura, Andrew Day, and Martine Powell. "Police officer perspectives on the implementation of a sex offender community notification scheme." International Journal of Police Science & Management 18, no. 4 (2016): 261–72. http://dx.doi.org/10.1177/1461355716668539.

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Community notification statutes, popularly known as ‘Megan’s Law’, were passed in rapid succession throughout the United States following the enactment of landmark legislation in the state of Washington in 1990. Calls for the adoption of similar legislation in Australia gained momentum following the introduction of ‘limited disclosure’ schemes in the United Kingdom and, in 2012, one Australian state introduced a limited form of community notification. This study presents an analysis of in-depth interviews with specialist police officers ( N=21) who are responsible for coordinating the ongoing

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Kenny, Caroline. "A Comparison of Singapore and Hong Kong’s Third-Party Funding Regimes to England and Australia." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 87, Issue 2 (2021): 170–90. http://dx.doi.org/10.54648/amdm2021014.

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Singapore and Hong Kong have both recently reformed their international arbitration statutes to permit third-party funding of international arbitration, albeit subject to regulation. Meanwhile, the United Kingdom and Australia have operated as mature third-party litigation funding markets for many years with little regulation. This article considers the historical objections to third-party funding and compares the regulatory framework for third-party funding in England and Australia to Hong Kong and Singapore. It also examines relevant provisions in the rules of the major arbitral institutions

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18

Unnithan, Chandana, Paula M. Swatman, and Jo-Anne Kelder. "Ensuring Privacy of Participants Recruited via Social Media." International Journal of Virtual Communities and Social Networking 10, no. 4 (2018): 16–32. http://dx.doi.org/10.4018/ijvcsn.2018100102.

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Researchers worldwide are increasingly looking to recruit research participants via social media (particularly @Facebook and @Twitter) because they appear to offer access to a wider range of research participants and afford inherently convenient tools for recruitment. In Australia, the National Statement on Ethical Conduct in Human Research, together with the federal Privacy law and a number of state-based privacy statutes, provide support and guidance for this novel approach. This article offers a preliminary analysis and discussion of this trend from an Australian perspective, illustrated by

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19

Yuan, Fang. "Regional regulations on the fairness of commercial contracts between Australia and the United States, taking the PayPal case as an example." SHS Web of Conferences 192 (2024): 02014. http://dx.doi.org/10.1051/shsconf/202419202014.

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The regulation of contract fairness has been one of the focuses of scholars from various countries in recent years. This may involve the composition of the contract, the legality of the contract and the disadvantageous situation of the weak party in one contract. This essay takes the possible unfair terms in Australia’s PayPal case as an example to discuss the nature of unfair terms, the necessity of ASIC intervention, regulatory measures, and related statutes in Australia. To analyse the regional regulation of this issue, the regulation of unfair terms in the United States is also discussed.

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Stephenson, Scott. "Against Interpretation as an Alternative to Invalidation." Federal Law Review 48, no. 1 (2019): 46–68. http://dx.doi.org/10.1177/0067205x19890446.

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This article evaluates the rise of interpretation as an alternative means of judicially enforcing legislative compliance with rights. Instead of the traditional method where courts are empowered to invalidate statutes that are found to be incompatible with rights, the alternative empowers courts to interpret statutes in a manner that renders them compatible with rights. It argues that interpretation emerged as an alternative to invalidation among both constitutional reformers and judges in Australia (and elsewhere) in the 1990s and 2000s because interpretation was seen as a way of addressing d

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Donnelly, Jason. "Utilisation of National Interest Criteria in the Migration Act 1958 (Cth): A Threat to the Rule of Law." Victoria University Law and Justice Journal 7, no. 1 (2018): 93–109. http://dx.doi.org/10.15209/vulj.v7i1.1037.

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In Australia, the Commonwealth executive enjoys significant power to make decisions applying a national interest criterion in Commonwealth statutes. Ultimately, this paper argues that the utilisation of such a criterion by the Commonwealth executive in the Migration Act 1958 (Cth) undermines the rule of law doctrine in Australia.A fundamental tenet of the rule of law is the idea that the law is clear, identifiable and consistent in its approach. Given the imprecise and vague nature of a national interest criterion, it is argued that the notion is often far from clear and identifiable. The net

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22

Aronson, Mark. "Some Australian Reflections on Roncarelli v. Duplessis." McGill Law Journal 55, no. 3 (2011): 615–40. http://dx.doi.org/10.7202/1000626ar.

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Roncarelli v. Duplessis figures far more frequently in Australia’s secondary literature than in its court decisions, and it is noted not for its invalidation of Prime Minister Duplessis’s actions, but for its award of damages where judicial declaration of invalidity would usually be the only remedy. Invalidating Duplessis’s interference with Roncarelli’s liquor licence would have been the easy part of the case had it been tried in Australia. Australian statutes afforded good protection to liquor licensees, and general administrative law principles confined seemingly unfettered discretionary po

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Marshall, Kim. "Disability Discrimination and Higher Education in England and Wales and Australia Compared." International Journal of Discrimination and the Law 6, no. 4 (2005): 289–324. http://dx.doi.org/10.1177/135822910500600403.

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In its original form the provisions of the UK Disability Discrimination Act 1995 (DDA) contained little of practical help to students with disabilities. This situation was rectified when the Special Educational Needs and Disabilities Act (SENDA) was passed in 2001 becoming the new Part 4 of the DDA. From 2002 legal duties not to discriminate against students with disabilities came into effect. In the Commonwealth of Australia a very different attitude towards disability discrimination has been demonstrated by having legislation to combat disability discrimination in place since 1992, which inc

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Gorham, Bill. "Global environmental review processes for oil and gas projects." APPEA Journal 51, no. 2 (2011): 696. http://dx.doi.org/10.1071/aj10076.

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The environmental review processes for major oil and gas projects vary significantly worldwide. Three LNG projects in WA (Gorgon, Browse and Wheatstone), one in NT (Ichthys), four in Queensland (Queensland Curtis LNG, Gladstone LNG, Australia Pacific LNG, and Shell Australia LNG), and one in Commonwealth waters (Prelude) have all experienced—or are in the midst of—the Australian environmental review processes. The foundation of the environmental review of these projects is anchored in existing state and federal statutes and regulations, but the application to each project varies according to t

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Weil, Patrick, and Nicholas Handler. "Revocation of Citizenship and Rule of Law: How Judicial Review Defeated Britain's First Denaturalization Regime." Law and History Review 36, no. 2 (2018): 295–354. http://dx.doi.org/10.1017/s0738248018000019.

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Over the past decade, the United Kingdom has deprived an increasing number of British subjects of their citizenship. This policy, known as “denaturalization,” has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. The increase is part of a global trend. In recent years, Canada, Australia, France, and the Netherlands have either debated or enacted denaturalization statutes. But Britain remains an outlier among Western democracies. Since 2006, the United Kingdom home secretary has revoked the citizenship of at least 373 Britons, o

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O'Connor, Kimberly, Michelle Drouin, Nicholas Yergens, and Genni Newsham. "Sexting Legislation in the United States and Abroad: A Call for Uniformity." International Journal of Cyber Criminology 12, no. 2 (2017): 218–45. https://doi.org/10.5281/zenodo.1037397.

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In this study, we analyzed the sexting laws of 50 states in the United States (U.S.) and the District of Columbia, as well as five English-speaking international countries (Australia, Canada, England, New Zealand, and South Africa). We also examined laws related to aggravated circumstances, such as in cases of revenge porn. Our analyses revealed considerable variation, both in U.S. and international law, with some jurisdictions relying on archaic child pornography statutes to prosecute teenage sexting cases and others, developing new, extensive legislation that addresses various types of onlin

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Abdul Manap, Norhoneydayatie, Farhah Abdullah, Tze Chin Ong, and Nor Qamal Danial Mohd Safuan. "THE BURDEN OF PROOF IN MISREPRESENTATION IN CONTRACTS: A LEGAL ANALYSIS." International Journal of Advanced Research 10, no. 03 (2022): 549–57. http://dx.doi.org/10.21474/ijar01/14417.

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Misrepressentation in contracts could lead to a contract becoming null and void. Misrepresentations frequently occur, either in physical contracts or online contracts. Therefore, the majority of countries around the world have enacted laws to control misrepresentation. Among the provisions enacted include the burden of proof in misrepresentations in a contract. This study analysed existing legal provisions in several commonwealth countries to identify the burden of proof in misrepresentations. The document analysis method was used to achieve the objectives of this study and involved the analys

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Richardson, Ivor. "Simplicity in Legislative Drafting and Rewriting Tax Legislation." Victoria University of Wellington Law Review 43, no. 3 (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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Disemadi, Hari Sutra, Upankar Chutia, Windi Afdal, Vicko Taniady, and David Tan. "RECONSTRUCTING THE LEGAL FRAMEWORK OF TRADE SECRET PROTECTION VIS-À-VIS CYBER THEFT: A Cross-Jurisdictional Comparative Study." Jurisdictie: Jurnal Hukum dan Syariah 16, no. 1 (2025): 166–200. https://doi.org/10.18860/j.v16i1.32563.

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The growing incidence of cyber theft has exposed critical deficiencies in trade secret protection regimes, particularly in jurisdictions lacking integrated cybersecurity measures. This study analyses the legal frameworks of Indonesia, India, and Australia, using the United States' Defend Trade Secrets Act (DTSA) as a benchmark to evaluate their capacity to address digital trade secret misappropriation. Employing a comparative legal methodology, it examines statutory provisions, judicial interpretations, and enforcement mechanisms relevant to cybersecurity threats. The findings reveal that whil

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Bates, Gerry. "Environmental Assessment Australia's New Outlook under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)." Environmental Law Review 4, no. 4 (2002): 203–24. http://dx.doi.org/10.1177/146145290200400402.

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Environmental law in Australia owes much of its origins to British ancestry, but as a political federation of states and territories, Australia has also looked to other federal jurisdictions in the USA and Canada to help determine appropriate legal responsibilities for protection of the environment and management of natural resources. Environmental assessment of activities at Commonwealth level indeed was initially influenced by the American and Canadian models; but in recent years Australian governments have sought a more refined approach that reflects the realities of a new era of ‘co-operat

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Barrett, Jonathan. "Dissonance between Fact and Law: The Example of Visual Artistic Practice and Income Tax Concessions for Peak Copyright." Victoria University of Wellington Law Review 52, no. 4 (2022): 689–708. http://dx.doi.org/10.26686/vuwlr.v52i4.7400.

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The principal income tax statutes of both New Zealand and Australia provide special concessions for taxpayers who earn exceptional copyright income in a year of assessment. As authors (creators) of copyright-protected artistic works, visual artists are potential beneficiaries of these preferences but, because they typically produce singular artworks that are not licensed for reproduction, they cannot directly benefit from copyright or, as a consequence, tax concessions granted to copyright assignors or licensors. In New Zealand, a taxpayer who receives peak copyright payments can opt to averag

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Petersen, Kerry. "Abortion Laws: Comparative and Feminist Perspectives in Australia, England and the United States." Medical Law International 2, no. 2 (1996): 77–105. http://dx.doi.org/10.1177/096853329600200201.

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In this article I examine the paradoxical nature of abortion developments in three jurisdictions and find that reproductive freedom is a more elusive goal in the United States where abortion has been elevated to a qualified right, than in England or Victoria where nineteenth century criminal statutes have been modified but not repealed. Abortion is now a moral scapegoat in the United States and it is difficult to predict if it will ever be resolved. Changes to law in the other two jurisdictions were less extreme and were shaped by a gradual change in attitudes towards abortion. Nevertheless, t

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Lock, Geoffrey. "The 1689 Bill of Rights." Political Studies 37, no. 4 (1989): 540–61. http://dx.doi.org/10.1111/j.1467-9248.1989.tb00288.x.

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Following the disastrous reign of James II, the Bill of Rights was introduced to curb future arbitrary behaviour by the Crown. Five of the thirteen Articles are still active and cases illustrating their use in the courts are described. The courts have enforced the requirement for parliamentary consent to taxation and the ban on the executive's power to suspend statutes but have been less strict over the dispensing power. Article 9, on parliamentary freedom of speech, is in active use, and developments in Australia and Canada are reviewed. Scotland's own legislation – the Claim of Right – is di

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Buxbaum, Hannah L. "The Scope and Limitations of the Presumption against Extraterritoriality." AJIL Unbound 110 (2016): 62–67. http://dx.doi.org/10.1017/s2398772300002415.

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In RJR Nabisco v. European Community, the Supreme Court addressed the extraterritorial application of U.S. law for the third time in six years—in this case examining the geographic scope of the Racketeer Influenced and Corrupt Organizations Act (RICO). The decision consolidates and in certain respects expands upon the test for analyzing extraterritoriality issues that the Court had introduced in Morrison v. National Australia Bank and refined in Kiobel v. Royal Dutch Petroleum. It also provides further evidence of the Court’s continuing quest to identify categorical, territory-based rules gove

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Xu, Lu. "The New Real Property Registration Structure in China: Progress with Unanswered Questions." Global Journal of Comparative Law 5, no. 1 (2016): 91–117. http://dx.doi.org/10.1163/2211906x-00501005.

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Since March 2015, China has been implementing a nationwide unified real property registration structure. This article explains the objectives and measures of this ambitious project against the background of the current system which is fraught with complexities, difficulties and local variations. The move represents significant progress in the regulation and administration of real property in line with the vision of streamlined registration explicitly provided for in statutes such as the Property Law of prc (2007). Nevertheless, within this undoubtedly positive reform, the currently unclear rel

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Mohd Asri, Dr Ira Rozana. "Are Working Mothers Adequately Protected? A Comparative Analysis of Legal Frameworks in Malaysia, the United Kingdom, and Australia." International Journal of Research and Innovation in Social Science IX, no. IV (2025): 2548–65. https://doi.org/10.47772/ijriss.2025.90400188.

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The statistics of working mothers in Malaysia are rising every year. Based on previous researches, the data of women who stopped working due to issue in child care are high. Nonetheless, the working mothers are not sufficiently protected under the domestic law. There has been lack of recognition of their legal rights, for example, rights relating to breastfeeding support and prohibiting gender discrimination. The situation is the same in public sector as well as in private sector. Therefore, the purpose of this paper is to examine the policies and laws governing working mothers in Malaysia and

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Che Kamaruddin, Norhanan, Mohd Zamre Mohd Zahir, and Hasani Mohd Ali. "Circumstantial Evidence to Prove the Elements of Insider Trading in Malaysia and Australia." JURNAL UNDANG-UNDANG DAN MASYARAKAT 33 (December 13, 2023): 49–60. http://dx.doi.org/10.17576/juum-2023-33-05.

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Insider trading, although might profit the offender himself, it nevertheless brings more harm to society than its benefits. Several elements need to be proved before a person can be convicted under insider trading. As this is not a strict liability offence, the elements of mens rea need to be proved and it is quite difficult to prove it by using direct evidence. Therefore, indirect evidence is produced before the court to charge a person with insider trading. This raises a question whether it is reliable and sufficient to hold a person liable under this offence. The objective of this research

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Morton, Rochelle, Michelle L. Hebart, and Alexandra L. Whittaker. "Explaining the Gap Between the Ambitious Goals and Practical Reality of Animal Welfare Law Enforcement: A Review of the Enforcement Gap in Australia." Animals 10, no. 3 (2020): 482. http://dx.doi.org/10.3390/ani10030482.

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Previous research has identified a number of issues arising at all stages of the animal law enforcement process. These issues contribute to an enforcement gap between the written law, as it relates to the penalties laid out in statutes, and the reality of the animal law justice system. This paper identifies and investigates the contributors to this gap. The identified factors discussed are (1) the role of the public in reporting animal cruelty, (2) the ambiguity of the language used in animal welfare legislation, (3) the nature of enforcement authorities, and (4) the role of the courts. Thus,

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Saba Farid. "“Coercive Control and Domestic Violence Laws in Pakistan: A Feminist Legal Analysis of Legislative Gaps”." Social Science Review Archives 3, no. 2 (2025): 1780–91. https://doi.org/10.70670/sra.v3i2.797.

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The criminal law in Pakistan remains locked in a myopic gaze, recognising domestic violence primarily through the visible injuries it can count and prosecute. This paper argues that such a framing is not merely incomplete but a complicit. It fails to name coercive control as the constitutive condition of abuse in many intimate relationships. In doing so, it both misrecognises the lived experience of countless women and reinscribes a legal narrative that privileges physicality over power. Through a critical reading of domestic violence statutes, judicial reasoning, and enforcement patterns in P

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Warner, Kate, Julia Davis, Caroline Spiranovic, Helen Cockburn, and Arie Freiberg. "Why sentence? Comparing the views of jurors, judges and the legislature on the purposes of sentencing in Victoria, Australia." Criminology & Criminal Justice 19, no. 1 (2017): 26–44. http://dx.doi.org/10.1177/1748895817738557.

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In recent times, parliaments have introduced legislation directing judges to take defined purposes into account when sentencing. At the same time, judges and politicians also acknowledge that sentencing should vindicate the values of the community. This article compares the views on the purposes of sentencing of three major participants in the criminal justice system: legislators who pass sentencing statutes, judges who impose and justify sentences and jurors who represent the community. A total of 987 Australian jurors in the Victorian Jury Sentencing Study (2013–2015) were asked to sentence

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Johnston, Madeleine. "The Role and Regulation of Child Factory Labour During the Industrial Revolution in Australia, 1873–1885." International Review of Social History 65, no. 3 (2020): 433–63. http://dx.doi.org/10.1017/s0020859020000322.

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AbstractThis study investigates child factory labour in Victoria, the most populous and industrialized colony in Australia in the second half of the nineteenth century. Three sources of primary data are analysed: Royal Commission reports, texts of bills and statutes, and parliamentary and public debates. The findings inform current academic debates by enhancing understanding of the role played by child workers during industrialization. They show that children were low-cost substitutes for adult males and that child labour was central to ongoing industrialization. A wide range of industries and

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Scassa, Teresa. "Ambush Marketing and the Right of Association: Clamping Down on References to That Big Event with All the Athletes in a Couple of Years." Journal of Sport Management 25, no. 4 (2011): 354–70. http://dx.doi.org/10.1123/jsm.25.4.354.

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Ambush marketing activities—such as advertisements that obliquely reference a major event—have frustrated major sport event organizers and sponsors for years. Nevertheless, these activities, so long as they stopped short of trademark infringement or false advertising, have been perfectly legal. In the last decade, major sport event organizers such as the International Olympic Committee and the Fédération Internationale de Football Association have pressured national governments to pass legislation prohibiting ambush marketing as a condition of a successful bid to host an event. Such legislatio

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Reinstein, Alan, Carl J. Pacini, and Brian Patrick Green. "Examining the Current Legal Environment Facing the Public Accounting Profession: Recommendations for a Consistent U.S. Policy." Journal of Accounting, Auditing & Finance 35, no. 1 (2017): 3–25. http://dx.doi.org/10.1177/0148558x16680717.

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We examine the recent history and trends of U.S. auditor liability to third parties to help regulators and legislators develop policies to protect and maintain audit quality while limiting auditor liability exposure. Although the United States has yet developed a formal policy to address auditor liability, some European Union member countries and Australia, in varying degrees, support such limitation. Thus, we also explore current EU and Australian policies as examples of potential recommendations to U.S. policy makers. In light of a litigious environment, U.S. Certified Public Accounting firm

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Morton, Rochelle, Michelle L. Hebart, Rachel A. Ankeny, and Alexandra L. Whittaker. "Assessing the Uniformity in Australian Animal Protection Law: A Statutory Comparison." Animals 11, no. 1 (2020): 35. http://dx.doi.org/10.3390/ani11010035.

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Animal welfare is not included in the Australian Constitution, rendering it a residual power of the states and territories. Commentators have suggested that inconsistencies exist between the state and territory statutes, and that a uniform approach would be beneficial. However, there has been no comprehensive assessment of the nature or extent of these purported inconsistencies. This review addresses this gap by providing a state-by-state comparison of animal protection statutes based on key provisions. Utilizing systematic review methodology, every current Australian statute with an enforceab

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Lesiv, Bogdan. "Reality and potential of behavioral constitutional review: a comparative research." Sravnitel noe konstitucionnoe obozrenie 29, no. 6 (2020): 141–70. http://dx.doi.org/10.21128/1812-7126-2020-6-141-170.

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Constitution does not just contain simple general phrases, but directly regulates the governmental relations and establishes specific procedure for usage of power. Therefore, this usage cannot be “this or that” – it can only be such as is prescribed or allowed by the Constitution. This formula is designed to minimize the abuse of power, arbitrariness, and inadequate invasion of individual freedom. However, the established procedure would be no more than what Sartori called “a dead letter” if constitutional provisions were not supported by enforcement safeguards. Many legal orders, including al

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Dutson, Stuart. "The Conflict of Laws and Statutes: The International Operational of Legislation Dealing With Matters of Civil Law in the United Kingdom and Australia." Modern Law Review 60, no. 5 (1997): 668–89. http://dx.doi.org/10.1111/1468-2230.00107.

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Saunders, Benjamin B. "Democracy, Liberty and the Prerogative: The Displacement of Inherent Executive Power by Statute." Federal Law Review 41, no. 2 (2013): 363–92. http://dx.doi.org/10.22145/flr.41.2.6.

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This article analyses arguments that the prerogative should be readily displaced by statute, where a statute deals with a subject matter similar to a prerogative. It does so by examining the leading cases on displacement of the prerogative in the United Kingdom and the Australian states, and displacement of the Australian Commonwealth's inherent executive power. The cases do not adopt a single rule but the question of whether a statute will be taken to displace a prerogative is highly dependent on the facts and the provisions of the particular statute. This article defends the current approach

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Abu Bakar, Noraziah, Ruzita Azmi, Azlinor Sufian, and Hartini Saripan. "The Legal Implications of a Sale of Property by the Malaysian Developers under the Private Lease Scheme: In two minds?" Environment-Behaviour Proceedings Journal 6, no. 17 (2021): 183–87. http://dx.doi.org/10.21834/ebpj.v6i17.2867.

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This paper aims to evaluate the legal implications of the private lease scheme (PLS) for a property sale by the developers. It mainly relies on statutes and court cases as its primary sources of information. PLS is selling a lease to purchasers by the developers. If purchasers were misled to believe a property is purchased and not the purchase of the lease, it is considered misrepresentation. An amendment to the law is timely to cater for a scheme that may address a different legal status of the purchaser. Australia introduced a certificate of lease to enhance the security of tenure. Keywords:

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Carpenter, Daniel, and Gisela Sin. "Policy Tragedy and the Emergence of Regulation: The Food, Drug, and Cosmetic Act of 1938." Studies in American Political Development 21, no. 2 (2007): 149–80. http://dx.doi.org/10.1017/s0898588x0700020x.

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It is now a commonplace assertion among scholars of regulation to say that new regulatory statutes follow “crises,” “tragedies,” or “scandals.” The content and form of these critical events varies considerably. They include acts of journalism or research such as the publication of the Nader Report (which purportedly led to new federal automobile safety regulations) or Upton Sinclair's The Jungle (which eased the path for the Pure Food and Drugs Act of 1906). They include instantaneous disasters such as the Union Carbide gas leak in Bhopal, India, as well as slowly materializing epidemics like

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Jamaluddin, Siti Zaharah, Mohammad Abu Taher, and Hua Siong Wong. "Application of Mediation in Resolving Elderly Family Issues in Malaysia: Lessons from Canada and Australia." Kajian Malaysia 41, no. 1 (2023): 62–84. http://dx.doi.org/10.21315/km2023.41.1.4.

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Malaysia is expected to be an ageing country by 2030 when 15% of her populace will be in the category of the elderly. The elderly will face various issues and challenges, such as finance along with abuse and neglect. Generally, like in other disputes, the legal mechanism is the resort for resolution. However, litigation is less preferred in this type of cases as it does not address the emotional distress suffered by the parties involved. As such, litigation is not a suitable method as it may break the relationship between the parties. Conversely, mediation, a non-adjudicative dispute resolutio

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