Thematische Bibliographien / Corporation law Australia

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Auswahl der wissenschaftlichen Literatur zum Thema „Corporation law Australia“

Autor: Grafiati

Veröffentlicht am 4. Juni 2021

Zuletzt aktualisiert am 27. Juli 2024

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Zeitschriftenartikel zum Thema "Corporation law Australia"

Lockwood, Peter. „Australia introduces controlled foreign corporation regime“. Intertax 17, Issue 10 (01.10.1989): 435–41. http://dx.doi.org/10.54648/taxi1989084.

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McEniery, Ben. „Physicality in Australian Patent Law“. Deakin Law Review 16, Nr. 2 (01.12.2011): 461. http://dx.doi.org/10.21153/dlr2011vol16no2art110.

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It is generally understood that the patent system exists to encourage the conception and disclosure of new and useful inventions embodied in machines and other physical devices, along with new methods that physically transform matter from one state to another. What is not well understood is whether, and to what extent, the patent system is to encourage and protect the conception and disclosure of inventions that are non-physical methods — namely those that do not result in a physical transformation of matter. This issue was considered in Grant v Commissioner of Patents. In that case the Full Court of the Federal Court of Australia held that an invention must involve a physical effect or transformation to be patentable subject matter. In doing so, it introduced a physicality requirement into Australian law. What this article seeks to establish is whether the court’s decision is consistent with the case law on point. It does so by examining the key common law cases that followed the High Court’s watershed decision in National Research Development Corporation v Commissioner of Patents, the undisputed authoritative statement of principle in regard to the patentable subject matter standard in Australia. This is done with a view to determining whether there is anything in those cases that supports the view that the Australian patentable subject matter test contains a physicality requirement.

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Castles, Madeleine, Tom Hvala und Kieran Pender. „Rethinking Richardson: Sexual Harassment Damages in the #MeToo Era“. Federal Law Review 49, Nr. 2 (09.03.2021): 231–71. http://dx.doi.org/10.1177/0067205x21993146.

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The 2014 judgment in Richardson v Oracle Corporation Australia Pty Ltd (‘ Richardson’) had a seismic effect on workplace sexual harassment claims in Australia. Overnight, the ‘general range’ of damages awarded for non-economic loss in such cases increased from between $12 000 and $20 000 to $100 000 and above. The judgment has made Sex Discrimination Act 1984 (Cth) litigation considerably more attractive for plaintiffs and resulted in greater judicial recognition of the pain and suffering experienced by sexual harassment survivors. Richardson’s impact has also been felt beyond that immediate context, with the judgment cited in support of higher damages in discrimination cases and employment disputes. However, six years and over 40 judicial citations later, Richardson’s broader significance remains unclear—particularly following the emergence of the #MeToo movement. Drawing on a doctrinal analysis of subsequent case law and qualitative interviews with prominent Australian legal practitioners, this article evaluates Richardson’s legacy and considers how sexual harassment litigation may further evolve to reflect changing societal norms.

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Davies, Paul S. „INTERPRETATION AND RECTIFICATION IN AUSTRALIA“. Cambridge Law Journal 76, Nr. 3 (November 2017): 483–86. http://dx.doi.org/10.1017/s0008197317000733.

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Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).

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Arzandeh, Ardavan. „RECONSIDERING THE AUSTRALIAN FORUM (NON) CONVENIENS DOCTRINE“. International and Comparative Law Quarterly 65, Nr. 2 (April 2016): 475–91. http://dx.doi.org/10.1017/s0020589316000014.

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AbstractA quarter of a century after the High Court of Australia's landmark ruling in Voth v Manildra Flour Mills Pty Ltd, this article examines the application of the modern-day forum (non) conveniens doctrine in Australia. It outlines the prevailing view in the academic literature which claims that the Australian doctrine is functionally different from its English counterpart, articulated in Spiliada Maritime Corporation v Cansulex Ltd. Through a detailed assessment of the case law and commentary, this article questions that widely accepted orthodoxy and demonstrates it to be unpersuasive and reconceptualizes our understanding of the forum (non) conveniens doctrine in Australia. Its main contention is that while, theoretically, there may be a narrow conceptual space between Spiliada and Voth, it is so narrow as to be practically non-existent.

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Boughey, Janina. „Re-Evaluating the Doctrine of Deference in Administrative Law“. Federal Law Review 45, Nr. 4 (Dezember 2017): 597–625. http://dx.doi.org/10.22145/flr.45.4.6.

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It is frequently said that Australian administrative law does not have, and cannot accommodate, a doctrine of deference. These statements, from judges and commentators, tend to cite the High Court's decision in Corporation of the City of Enfield v Development Assessment Commission1 as authority. In that case, the High Court of Australia indicated that Australia's strict separation of powers, as manifested by the legality/merits distinction, does not allow courts to defer to administrative bodies in determining the meaning of ambiguous statutory provisions. Since Enfield, there have been considerable developments in the application, and theorisation, of deference across the common law world. This article examines developments in the UK and Canada, and argues that they show that there is no single ‘doctrine’ of deference – deference is applied in administrative law in a range of ways. I argue that some of the ways in which Canadian and UK courts apply deference are not dissimilar from the principles Australian courts already apply in reviewing executive action. I argue that Australian law may benefit from greater attention to, and wider application of, these deferential principles, in order to curb judicial intrusion into administrative discretion.

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Cleary, Paul. „Native title contestation in Western Australia's Pilbara region“. International Journal for Crime, Justice and Social Democracy 3, Nr. 3 (01.12.2014): 132–48. http://dx.doi.org/10.5204/ijcjsd.v3i3.182.

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The rights afforded to Indigenous Australians under the Native Title Act 1993 (NTA) are very limited and allow for undue coercion by corporate interests, contrary to the claims of many prominent authors in this field. Unlike the Commonwealth’s first land rights law, Aboriginal Lands Rights (Northern Territory) Act 1976 (ALRA) , the NTA does not offer a right of veto to Aboriginal parties; instead, they have a right to negotiate with developers, which has in practice meant very little leverage in negotiations for native title parties. And unlike ALRA, developers can deal with any Indigenous corporation, rather than land councils. These two factors have encouraged opportunistic conduct by some developers and led to vexatious litigation designed to break the resistance of native title parties, as demonstrated by the experience of Aboriginal corporations in the iron ore-rich Pilbara region of Western Australia.

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Mia, Parvez, Tarek Rana und Lutfa Tilat Ferdous. „Government Reform, Regulatory Change and Carbon Disclosure: Evidence from Australia“. Sustainability 13, Nr. 23 (30.11.2021): 13282. http://dx.doi.org/10.3390/su132313282.

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This paper examines the effect of two Australian environmental regulatory changes, specifically the Clean Energy Act (CEA) 2011 and the National Greenhouse and Energy Reporting (NGER) Act 2007 with reference to voluntary corporate carbon disclosure practices. In doing so, it describes the brief history of this carbon-related regulatory change, its scope, enforcement criteria and corporations’ disclosures. This is a longitudinal analysis of 219 annual reports of 73 listed corporations in Australia which were subjected to carbon tax and report carbon emissions as per the CEA 2011 and NGER Act 2007 accordingly. Any corporation or facility that emitted scope 1 emissions of 25,000 tonnes of carbon dioxide equivalent (CO2-e) or more were liable for a carbon tax in accordance with CEA 2011. Drawing on stakeholder theory and legitimacy theory, this study uses content analysis to examine corporate carbon disclosure. The findings suggest there is a considerable increase in the number of carbon-related disclosures following these regulations being enacted as law. In addition, carbon-specific communication has become much more prevalent and accounts for a larger proportion of the sampled organisations’ reported environmental information. The results of this study enrich the validity of the hypothesis that organisations would seek to legitimise their operations to stakeholders by increasing their environment-related declarations. The evidence presented in the analysis confirms the assertion that government environmental legislation/regulation has a positive impact on corporate behaviour and accountability. These findings have significant consequences for the government, decision-makers and the accounting profession, indicating that regulatory guidance enhances both mandatory and voluntary disclosure. It also offers key insights into the possible impacts of the carbon regulatory change for future research to consider.

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Rossame, Amelia, Sinta Dewi Rosadi und Rika Ratna Permata. „Legal Protection of Telecommunication Service Customers' Personal Data as Trade Secrets in Merger And Acquisition Processes Based on Positive Law in Indonesia“. Journal Research of Social Science, Economics, and Management 3, Nr. 3 (25.10.2023): 603–19. http://dx.doi.org/10.59141/jrssem.v3i3.552.

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The fast advancement of information and communication technology has had a positive influence on society. The free and open transmission of knowledge is the ideal condition for its application. Meanwhile, information technology itself serves as a channel for information dissemination. Customer data received by telecommunications service providers is a trade secret of the corporation since it has economic worth, is confidential, and is kept confidential. Customer personal data, on the other hand, is sensitive and deemed harmful since telecommunications service providers indirectly gain from someone's privacy. This paper will compare the legal framework if there is a legal conflict between personal data and trade secrets based on positive law in Indonesia that applies the GDPR principles to the personal data protection system adopted by other nations, take, for example, the United States, Europe, also Australia. In accordance with the attached case, namely a data breach by Optus, an Australian telecommunications company, the author wishes to examine it within the scope of positive law in Indonesia by comparing legal settlements that have been implemented in Australia, so that if a data breach occurs in Indonesian territory as a result of telecommunications industry mergers and acquisitions, the author will be able to analyze it within the scope of positive law in Indonesia and can be a basis for answering questions regarding legal protection and accountability.

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Keyzer, Patrick. „Freedom of speech issues in Peach v Toohey and a hypothetical variant of that case“. Pacific Journalism Review : Te Koakoa 10, Nr. 1 (01.04.2004): 139–52. http://dx.doi.org/10.24135/pjr.v10i1.784.

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The purpose of this article is to consider the tensions within Australian free speech jurisprudence based on a hypothetical variant of the facts of the decision of the Supreme Court of the Northen Territory in Peach v Toohey. In particular, this article briefly explores the competing legal interests that operate when journalists seek access to restricted areas, in this case aborginal land, in the course of an investigation. After considering the case and the issues it raises the author develops a hypothetical that draws out some of the deeper tensions in this area of the law. The article concludes with proposals for new apporoaches to the test developed by the High Court of Australia in Lange v Australian Broadcasting Corporation for the balancing of freedom to discuss political and governmental affairs—including the public right to know — against other legitimate objectives such as the maintence of property rights and the privacy interests that can be associated with propety rights.

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Dissertationen zum Thema "Corporation law Australia"

Coffey, Josephine Margaret. „Continuous Disclosure for Australian Listed Companies“. Thesis, The University of Sydney, 2002. http://hdl.handle.net/2123/510.

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ABSTRACT This thesis investigates the legal and theoretical basis of continuous disclosure regulation in Australia as it applies to listed companies. An empirical study is undertaken to further investigate the operation of the legislation. As part of the Enhanced Disclosure regime, the continuous disclosure provision was effective from 5 September 1994 as s1001A of the Corporations Law, now the Corporations Act 2001 (Cth). This statutory provision is replaced by s674, inserted by Schedule 2 to the Financial Services Reform Act 2001 (Cth), and effective from 11 March 2002. The provision reinforces Australian Stock Exchange (ASX) listing rule 3.1. The rule requires a listed disclosing entity to notify ASX immediately of information that would be expected to have a �material effect� on the share price of the company. However, the disclosure requirement is weakened by a number of specific exemptions or �carve-outs� to listing rule 3.1. If a reasonable person would not expect the information to be disclosed, and if the confidentiality of the information is maintained, then disclosure is not mandatory in special circumstances. This study analyses 427 query notices, issued by ASX to listed companies from July 1995 to April 1996. The queries request information concerning unexplained movements in a company�s share price or a failure to comply with the listing rules. An analysis of the companies� replies to these notices provides a profile of the type of company that is likely to be queried. The study also attempts to evaluate the extent to which these companies have relied on the �carve-outs� as an exemption to the regulation.

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Coffey, Josephine Margaret. „Continuous Disclosure for Australian Listed Companies“. University of Sydney. School of Business, 2002. http://hdl.handle.net/2123/510.

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Golding, Greg. „The reform of misstatement liability in Australia's laws“. Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.

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Huntly, Colin T. „In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory /“. Access via Murdoch University Digital Theses Project, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070129.145203.

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Fok, Davy Nai Hung. „A study of the form and content of investigating accountants' reports in prospectuses“. Thesis, Queensland University of Technology, 1995. https://eprints.qut.edu.au/36281/1/36281_Fok_1995.pdf.

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This study has examined the form and content of 100 Investigating Accountants' Reports (IARs) contained in prospectuses of companies. Hypotheses were developed to test the variables that may affect investigating accountants in: (1) stating the level of assurance clearly and (2) presenting historical proforma financial statements. This study has also examined: (1) how investigating accountants stated the nature of their engagement; (2) reporting procedures of IARs; and (3) investigating accountants' opinion on financial forecasts. This study hopes to provide some insight for regulators and accounting bodies to determine if new regulations are required for IARs in order for investors to obtain the information "reasonably required" by them in making investment decisions.

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Jarron, Christina. „More nearly social institutions legal regulation and the sociology of corporations /“. Phd thesis, Australia : Macquarie University, 2009. http://hdl.handle.net/1959.14/81460.

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"October 2008"
Thesis (PhD)--Macquarie University, Division of Society, Culture, Media and Philosophy, Dept. of Sociology 2009.
Bibliography: leaves 273-293.
Introduction -- Patterns of corporate activity as patterns of corporate dominance: legal, organisational, and economic features of corporations -- Representations of corporate dominance in insidious injuries -- The legal basis of corporate dominance: History of the corporation -- Legal individualism and corporate personhood -- Theories of the corporation -- The legal regulation of corporations - corporate liability laws -- Conclusion.
Corporations are no longer simply a type of business structure; they are dominant social institutions. As institutions, corporations are archetypes of contemporary complex social organisation and should, therefore, be a central concern for sociology. Yet with few notable exceptions, sociologists have failed to address their increasingly dominant position in contemporary societies. In this thesis I argue the importance of a renewed sociological interest in corporations. This must acknowledge, but go beyond, the political-economic outcomes of corporations to address the profound consequences of the legal foundations of the corporate form. Corporations are created and regulated by legal doctrine; it is only with a legal mandate that corporations are able to act as employers, suppliers and investors. On this basis, I claim that any understanding of corporate dominance and its effects must commence with an appreciation of the laws that enable the corporation to exist and operate. -- While contributing significantly to wealth creation, corporate dominance also increases the potential for harm to occur to individuals and communities who fall within a corporation's scope. The contemporary proliferation of industrial illnesses is a prime example of this and is examined through a case study of the operations of an Australian asbestos corporation, James Hardie. This case study is timely and unique in its specification of the link between corporate activity and law in contemporary society. -- I argue that corporate activity such as that in the case study is enhanced and legitimated by the legal description of the corporation that assigns to it the capacities of a human individual through corporate legal personhood. Corporate personhood is examined as an example of the legal individualism endorsed in liberal common law countries. By exploring accounts of corporate structure, decision-making and work processes, I explain how the individualised description of the corporation is at odds with its collective realities; the largest and most successful corporations are collectives of human and monetary resources. -- In light of this, I question the extent to which the effective regulation of corporations can be achieved within existing legal frameworks. Building upon research into workplace health and safety in the United Kingdom, the regulation of workplace deaths in Australia is examined to demonstrate the various approaches to regulating corporations and to identify their shortcomings. This is a striking example of the problems law faces in regulating corporations by virtue of its individualistic design. -- The thesis concludes with an affirmation that sociology needs to grapple with issues of corporate activity and that an understanding of the legal basis of the corporation is the foundation of such studies.
Mode of access: World Wide Web.
295 leaves

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Golding, Gregory Ray. „The Reform of Misstatement Liability in Australia's Prospectus Laws“. University of Sydney. Law, 2003. http://hdl.handle.net/2123/607.

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This dissertation considers the reforms made to the liability rules in Australia�s prospectus laws during the 1990s. It traces the rewrite of the fundraising provisions at the end of the 1980s as part of the new Corporations Law through to the rewrite of those provisions at the end of the 1990s as part of the CLERP Act initiative. As the law in this area is not particularly well served by detailed judicial or academic analysis in Australia, the dissertation seeks to define the scope of the Australian liability regime by reference to case law analysis, a review of relevant theoretical considerations and comparative analysis with other key jurisdictions. The thesis of the dissertation is that many of the reforms were, particularly initially, misconceived in key respects because of a failure to apply appropriate theoretical underpinnings and to take account of the lessons that could have been learned from a comparative analysis with other key jurisdictions.

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Birch, Charles 1971. „Evaluating mining and petroleum joint ventures in Australia : a revenue law perspective“. Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8960.

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Azzi, John. „The role of CFC legislation in protecting Australia's domestic income tax base“. Thesis, The University of Sydney, 1997. http://hdl.handle.net/2123/20011.

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Niedostadek, Oliver. „Die Proprietary Company - das Recht der australischen private company /“. Münster : Lit, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/393034968.pdf.

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Bücher zum Thema "Corporation law Australia"

Tomasic, Roman. Corporations law in Australia. Sydney: Federation Press, 1995.

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Corporations law guidebook. South Melbourne, Vic: Oxford University Press, 2008.

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Limited, CCH Australia, Hrsg. Law of companies in Australia. 2. Aufl. [North Ryde, N.S.W.]: CCH, 1986.

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Australia. The Corporations Law. Canberra: Australian Govt. Pub. Service, 1992.

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Corkery, J. F. Principles of corporate law in Australia. Mudgeeraba, Qld: Scribblers Pub., 2008.

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1949-, Welling Bruce, Hrsg. Principles of corporate law in Australia. Mudgeeraba, Qld: Scribblers Pub., 2008.

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Robson, Ken. Robson's annotated corporations law. 5. Aufl. Sydney: LBC Information Services, 2000.

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Robson, Ken. Robson's annotated corporations law. 2. Aufl. Sydney: LBC Information Services, 1997.

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Robson, Ken. Robson's annotated corporations law. 4. Aufl. Sydney: LBC Information Services, 1999.

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Gibson, Geoffrey. Law for directors. Leichhardt, NSW: Federation Press, 2003.

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Buchteile zum Thema "Corporation law Australia"

„Corporations Power“. In Australian Constitutional Law, 100–119. Cambridge University Press, 2019. http://dx.doi.org/10.1017/9781108658348.006.

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„Corporations power“. In Australian Constitutional Law, 114–35. 2. Aufl. Cambridge University Press, 2024. http://dx.doi.org/10.1017/9781009326582.008.

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Nosworthy, Beth. „Corporations“. In Contemporary Australian Business Law, 340–93. Cambridge University Press, 2023. http://dx.doi.org/10.1017/9781108980982.014.

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Whitford, Keturah. „Corporations Law in Australia“. In Company Law in East Asia, 627–83. Routledge, 2018. http://dx.doi.org/10.4324/9780429459719-17.

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Ekaterina, Aristova. „The Role of FDL Claims in Strengthening Corporate Accountability for Human Rights Violations“. In Tort Litigation against Transnational Corporations. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780192868138.003.0003.

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This chapter covers the phenomenon and regulatory aspects of foreign direct liability (FDL) claims. It discusses the role of FDL claims in strengthening corporate accountability for human rights violations. The vast majority of FDL claims worldwide have been brought under civil causes of action, with claims based on negligence being particularly prominent. The chapter then examines the landmark cases of transnational business and human rights litigated in the UK, the US, Canada, EU Member States, and Australia. It elaborates on the development of parent company liability principles and the opportunities and limitations of using tort law to remedy human rights violations.

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Frimston, Richard, und Chris Young. „Australia—New South Wales“. In The International Protection of Adults. Oxford University Press, 2015. http://dx.doi.org/10.1093/9780198727255.003.0031.

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Australia is a common law country. Australia is a federation of five states and two territories. Laws affecting adults in need of protection whether in terms of financial or personal Private Mandates, Statutory Wills, or state appointed financial managers or enduring guardians are generally made at state level. Other areas of law, such as family law, bankruptcy, and corporations are at a federal level.

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Kashyap, Amit Kumar, Urvashi Jaswani, Anchit Bhandari und Yashowardhan S. N. V. Dixit. „An Introduction to Corporate Insolvency Law and Reforms in Australia“. In Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy, 107–31. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-5541-4.ch006.

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The Corporations Act of 2001 regulated the probable insolvency proceedings of all companies incorporated in Australia and companies incorporated or possessing separate legal. For personal insolvency, a specific legislation called Bankruptcy Act is there, but the basic framework of corporate insolvency law has been there since the inception of Corporations Act 2001 enactment, which includes all the aspects of company formation, management, governance, and dissolution. The authors have highlighted recent reforms; however, the main concentration of this chapter is on the legal infrastructure of corporate insolvency law at present as the reforms are not yet in force. The chapter also puts forth the problems faced by corporate debtor and creditors in the proceedings of insolvency resolution and has also expressed the scenario of cross-border insolvency in Australia in light of UNICTRAL Model law of cross-border insolvency which has been adopted by the Australian government in 2008.

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Curley, Melissa. „Exporting Harmful People“. In The State and Cosmopolitan Responsibilities, 119–46. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198800613.003.0007.

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Many states commit to uphold human rights either through domestic legislation and/or through international treaties. In doing so they may adopt forms of cosmopolitan extraterritoriality whereby they can extend the criminal liability of their own citizens and corporations, for their actions abroad. Utilizing Linklater’s work on conceptualizing and classification of harm, the chapter analyses the domestic motivations for the implementation of Australia’s extraterritorial child sex tourism (CST) laws in 1994, and explores the actual implementation of laws via a review of selected prosecutions from 1995 to 2014, as well as international cooperation efforts that have evolved over time. The account presented here is not that the Australian state is a unitary cosmopolitan actor. Rather, it argues that under certain circumstances, the state is willing to partner with non-governmental organizations and responsive citizens (domestic and international) to be a vehicle for realizing cosmopolitan values in some policy realms/areas of interest. The chapter provides a theoretically informed empirical account of why extraterritorial law was enacted, which agents supported it and why, and how it has been mobilized over time by a ‘disaggregated’ Australian state.

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Herzberg, Abe. „Insolvent Trading ‘Down Under’“. In Current Developments in International and Comparative Corporate Insolvency Law, 501–20. Oxford University PressOxford, 1994. http://dx.doi.org/10.1093/oso/9780198258964.003.0021.

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Abstract The Corporate Law Reform Act 1992 (Cth), passed by the Australian Federal Parliament in December 1992, inserted new provisions into the Corporations Law that impose on directors a duty to prevent the company from engaging in insolvent trading. Directors contravene this duty if the company incurs debts when there are reasonable grounds for suspecting that it is insolvent. As discussed below, the Corporate Law Reform Act also inserted provisions into the Corporations Law that impose a corresponding duty on holding companies to prevent their subsidiaries from engaging in insolvent trading.

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Rolph, David. „Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001)“. In Landmark Cases in Privacy Law. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509940790.ch-006.

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Konferenzberichte zum Thema "Corporation law Australia"

„Australian Corporations and Business Associations Law—A Critical Analysis of Insolvent Trading“. In 2018 2nd International Conference on Innovations in Economic Management and Social Science. Clausius Scientific Press, 2018. http://dx.doi.org/10.23977/iemss.2018.91408.

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Keefe, Douglas J., und Joseph Kozak. „Tidal Energy in Nova Scotia, Canada: The Fundy Ocean Research Center for Energy (FORCE) Perspective“. In ASME 2011 30th International Conference on Ocean, Offshore and Arctic Engineering. ASMEDC, 2011. http://dx.doi.org/10.1115/omae2011-49246.

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Ocean energy developments are appearing around the world including Scotland, Ireland, Wales, England, Australia, New Zealand, Japan, Korea, Norway, France Portugal, Spain, India, the United States, Canada and others. North America’s first tidal energy demonstration facility is in the Minas Passage of the Bay of Fundy, near Parrsboro, Nova Scotia, Canada. The Fundy Ocean Research Center for Energy (FORCE) is a non-profit institute that owns and operates the facility that offers developers, regulators, scientists and academics the opportunity to study the performance and interaction of instream tidal energy converters (usually referred to as TISECs but called “turbines” in this paper.) with one of the world’s most aggressive tidal regimes. FORCE provides a shared observation facility, submarine cables, grid connection, and environmental monitoring at its pre-approved test site. The site is well suited to testing, with water depths up to 45 meters at low tide, a sediment -free bedrock sea floor, straight flowing currents, and water speeds up to 5 meters per second (approximately 10 knots). FORCE will install 10.896km of double armored, 34.5kV submarine cable — one for each of its four berths. Electricity from the berths will be conditioned at FORCE’s own substation and delivered to the Provincial power grid by a 10 km overhead transmission line. There are four berth holders at present: Alstom Hydro Canada using Clean Current Power Systems Technology (Canada); Minas Basin Pulp and Power Co. Ltd. with technology partner Marine Current Turbines (UK); Nova Scotia Power Inc. with technology partner OpenHydro (Ireland) and Atlantis Resources Corporation, in partnership with Lockheed Martin and Irving Shipbuilding. In November 2009, NSPI with technology partner OpenHydro deployed the first commercial scale turbine at the FORCE site. The 1MW rated turbine was secured by a 400-tonne subsea gravity base fabricated in Nova Scotia. The intent of this paper is to provide an overview of FORCE to the international marine energy community during OMAE 2011 taking place in Rotterdam, Netherlands.

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Berichte der Organisationen zum Thema "Corporation law Australia"

Kahima, Samuel, Solomon Rukundo und Victor Phillip Makmot. Tax Certainty? The Private Rulings Regime in Uganda in Comparative Perspective. Institute of Development Studies, Januar 2021. http://dx.doi.org/10.19088/ictd.2021.001.

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Taxpayers sometimes engage in complex transactions with uncertain tax treatment, such as mergers, acquisitions, demergers and spin-offs. With the rise of global value chains and proliferation of multinational corporations, these transactions increasingly involve transnational financial arrangements and cross-border dealings, making tax treatment even more uncertain. If improperly structured, such transactions could have costly tax consequences. One approach to dealing with this uncertainty is to create a private rulings regime, whereby a taxpayer applies for a private ruling by submitting a statement detailing the transaction (proposed or completed) to the tax authority. The tax authority interprets and applies the tax laws to the requesting taxpayer’s specific set of facts in a written private ruling. The private ruling offers taxpayers certainty as to how the tax authority views the transaction, and the tax treatment the taxpayer can expect based on the specific facts presented. Private rulings are a common feature of many tax systems around the world, and their main goal is to promote tax certainty and increase investor confidence in the tax system. This is especially important in a developing country like Uganda, whose tax laws are often amended and may not anticipate emerging transnational tax issues. Private rulings in Uganda may be applied for in writing prior to or after engaging in the transaction. The Tax Procedures Code Act (TPCA), which provides for private rulings, requires applicants to make a full and true disclosure of the transaction before a private ruling may be issued. This paper evaluates the Ugandan private rulings regime, offering a comparative perspective by highlighting similarities and contrasts between the Ugandan regime and that of other jurisdictions, including the United States, Australia, South Africa and Kenya. The Ugandan private rulings regime has a number of strengths. It is not just an administrative measure as in some jurisdictions, but is based on statute. Rulings are issued from a central office – instead of different district offices, which may result in conflicting rulings. Rather than an elaborate appeals process, the private ruling is only binding on the URA and not on the taxpayer, so a dissatisfied taxpayer can simply ignore the ruling. The URA team that handles private rulings has diverse professional backgrounds, which allows for a better understanding of applications. There are, however, a number of limitations of the Ugandan private rulings system. The procedure of revocation of a private ruling is uncertain. Private rulings are not published, which makes them a form of ‘secret law’. There is no fee for private rulings, which contributes to a delay in the process of issuing one. There is understaffing in the unit that handles private rulings. Finally, there remains a very high risk of bias against the taxpayer because the unit is answerable to a Commissioner whose chief mandate is collection of revenue. A reform of the private rulings regime is therefore necessary, and this would include clarifying the circumstances under which revocation may occur, introducing an application fee, increasing the staffing of the unit responsible, and placing the unit under a Commissioner who does not have a collection mandate. While the private rulings regime in Uganda has shortcomings, it remains an essential tool in supporting investor confidence in the tax regime.

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