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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 (September 15, 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 between the jurisdictions, this study is intended to be complementary by collating the subordinate legislation to provide a more comprehensive understanding of animal welfare laws in Australia. Using targeted search strategies stemming from the eight enabling animal welfare statutes, this study identified 201 pieces of subordinate legislation in force between 28 March 2022 and 5 April 2022. The scope of subordinate legislation is depicted through the following utility categories of animals: companion, production, wild/exotic, entertainment. Whilst subordinate legislation differed between the jurisdictions, it was common for similar welfare concerns or topic areas to be protected in higher-order legislation (statutes or regulations). Additionally, many jurisdictions were found to have similar shortcomings, all which likely could be managed through a mechanism of national data collection.
2
Harder, Sirko. "STATUTES OF LIMITATION BETWEEN CLASSIFICATION AND RENVOI—AUSTRALIAN AND SOUTH AFRICAN APPROACHES COMPARED." International and Comparative Law Quarterly 60, no. 3 (July 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 whether to use renvoi. This article assesses the impact of those differences in various situations.
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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 for repeated events and frequency to discuss how current and future research can inform the criteria for the charge. Our goal in this article is to inspire thoughtful discussion of continuous CSA legislation, and how current and future psychological research can advance the criteria for the charge. As more jurisdictions consider adopting these statutes, it would be helpful for psychologists and legal professionals to work toward developing a consensus on the criteria for the charge that balances both the victim’s capabilities to particularize repeated CSA and various rights of the accused.
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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 setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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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 (August 4, 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, various facets of the rule are discussed, including its common law origins; jurisprudential development; purported constitutional foundations; and modifications by state and federal statutes. Tracing the rule's development in each country reveals significant commonalities, but also important differences, in the respective approaches to the interpretation of criminal statutes. Most importantly, despite similarities in the two countries’ constitutional structures, the rule has assumed constitutional significance in the United States but not in Australia. Identification of this marked difference provides an opportunity to reflect on the separation of powers, and the federal structure, of each country.
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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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Grau, Karen. "Parliamentary Sovereignty: New Zealand - New Millennium." Victoria University of Wellington Law Review 33, no. 2 (September 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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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 work assessed whether the current regulatory system that subsumes midwifery into nursing is adequate in protecting the public appropriately and ensuring that minimum professional standards are met. This is of particular importance in Australia, where many maternity health care services are seeking to maximise midwives' contributions through the development of new models of care that increase midwives' autonomy and level of accountability.
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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 examining the “focus” of the provision. Plaintiffs argued that applying Section 10(b) would be domestic because the alleged fraud occurred in the United States, although they had bought their shares in Australia. The Court disagreed, holding that application of Section 10(b) would be extraterritorial because “the focus of the Exchange Act is not upon the place where the deception originated, but upon purchases and sales of securities in the United States,” and in this case the transaction occurred abroad.
10
Dale, Gregory. "Appealing to Whom? Australia's ‘Appellate Jurisdiction’ Over Nauru." International and Comparative Law Quarterly 56, no. 3 (July 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 ‘utility’ to Australia.4 For 29 years only two rather trivial cases were appealed from the Supreme Court to Australia's High Court.5 In 2005 a much more significant case, Ruhani, 6 was appealed from Nauru to Australia. The case was not only significant in that it concerned the validity of the so-called ‘Pacific Solution’, which involved Australia holding asylum-seekers offshore in Nauru for the processing of their refugee claims, but it also raised doubts about the desirability of the offshore municipal model of foreign appeals. This article examines the latter of those issues, intending to demonstrate that the model of foreign appeal adopted in the Nauru Treaty is a compromised version of appeal in comparison with the other two more common models.
11
Wootten, Meg. "Rethinking legal regulation of animal hoarding." Alternative Law Journal 42, no. 2 (June 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.
12
McCrystal, Shae. "The Right to Strike and the "Deadweight" of the Common Law." Victoria University of Wellington Law Review 50, no. 2 (September 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 Australia under the relevant federal industrial relations statutes that have operated since 1993. Commencing with discussion of the hostility of the common law to collective action and the principle of legality, a presumption of statutory interpretation that presumes Parliament would not have abrogated common law rights without an express intention to do so, this article examines how the scope of protected industrial action in Australia has been consistently narrowed through hostile judicial interpretation. Such interpretation has been grounded in an approach which narrows the extent that common law rights are restricted by the statute and construes the statutory enactment of a right to strike as conferring a "privilege" on those industrial actors who remain "worthy" enough to access it.Considering the progressively negative impact on the right to strike of this approach, the argument in this article echoes calls made by Gordon Anderson in 1987 to reject the continued role of the common law in the regulation of industrial action. It is argued that the law of strikes in Australia should be codified. Such an approach should assist in downplaying judicial tendencies to interpret the right to strike as a privilege rather than as a necessary component of a functioning system of voluntary collective bargaining.
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Esbeck, Carl H. "CHARITY FOR THE AUTONOMOUS SELF." Journal of Law and Religion 32, no. 1 (March 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 that immediately follows concerns the law of charitable nonprofits in the United States, the basic structure of that law, and current issues implicating religious freedom.
14
Morabito, Vince. "Contingency Fee Agreements with Represented Persons in Class Actions—An Undesirable Australian Phenomenon." Common Law World Review 34, no. 3 (July 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 expressly authorise and regulate the execution of contingency fee agreements by the class lawyers with the class representatives. As a result of several post–1992 statutes enacted by State Parliaments, lawyers hired by Part IVA plaintiffs have been able to follow the practice of executing contingency fee agreements with, not only the representative plaintiffs, but also the class members. The aim of this paper is to provide a critical analysis of this practice. It undertakes a review of the American and Canadian regimes governing the employment of contingency fee agreements in class proceedings as a part of this analysis.
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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 (September 28, 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 management, registration and monitoring of sex offenders who live in the community in this jurisdiction to understand their perspectives on the scheme’s implementation. Systematic thematic analysis revealed that the officers were particularly interested in understanding the impact that notification has on offenders, victims and the broader community, and the police agency. The practice-based wisdom distilled from these interviews is used to inform a discussion about the more widespread implementation of this type of public policy both in Australia and in other countries that may be giving this consideration.
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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 (May 1, 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 in each of these jurisdictions. It concludes that Singapore and Hong Kong have proceeded cautiously, preferring greater regulation for third-party funding than England and Australia. This is a welcome development for an industry often thought to profit too generously at the expense of funded clients.
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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 (October 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 an enquiry into the ethical challenges posed by social media-based recruitment, conducted in an Australian university in 2015. Leximancer™ was used as an analytical tool and the content from social media sites used for a small number of research studies conducted up to 2015, taken in conjunction with the various national human research ethics guidelines, offered a means of understanding how ethical challenges of privacy and anonymity can be addressed for responsible social media-based research.
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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. By comparing the regulation methods of the two countries and analysing the impact of unfair term regulation on market fairness, some suggestions are given to Australia.
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Stephenson, Scott. "Against Interpretation as an Alternative to Invalidation." Federal Law Review 48, no. 1 (November 27, 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 democratic concerns about rights-based judicial review and as a less confrontational method of resolving rights issues. The article puts forward an argument for invalidation over interpretation on the basis that interpretation’s comparative appeal is not particularly strong—there are alternative ways of addressing the democratic concerns, and the connection between invalidation and confrontation is weak—and that invalidation is a more transparent, and therefore accountable, exercise of public power than interpretation.
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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 (June 11, 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 result has meant that aggrieved litigants have had significant difficulties in both understanding and enforcing their rights, given the ambiguity associated with a national interest criterion in the Migration Act 1958 (Cth).Further, an examination of various Australian cases demonstrated a lack of consistency in the interpretation of a national interest criterion in the Migration Act 1958 (Cth). This lack of consistency led to a deficiency of clarity in the operation of particular Australian laws, especially in the context of the Migration Act 1958 (Cth).
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Aronson, Mark. "Some Australian Reflections on Roncarelli v. Duplessis." McGill Law Journal 55, no. 3 (February 10, 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 powers in less solicitous statutory regimes. In addition, the constitutional abolition of internal trade barriers used to be taken as banning unfettered regulatory powers over interstate traders. Duplessis’s tort liability was the hard part. His assumption of legal power was not deliberate, but it was extraordinarily indifferent to questions of legality. Justice Rand characterized this as “malice”, which in turn triggered liability to a uniquely public law tort known nowadays as misfeasance in public office. That tort is likely to cover more forms of non-deliberate official misconduct in Canada than in Australia, whose High Court usually avoids open-ended legal principles, particularly those according immediate operative force to substantive conceptions of the rule of law.
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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 (June 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 included specific provisions on education from the outset. The purpose of this article is to examine the approach taken in both jurisdictions towards the use of the anti-discrimination statutes and consider the effectiveness of the legislation in preventing discrimination on the ground of disability in higher education. The paper will examine points of similarity and divergence in the respective systems regarding the application of anti-disability discrimination laws to higher education as well as look to the longer established jurisprudence of the Australian courts for potential guidance that may be helpful to the nascent Part 4 of the DDA and the types of issues that may arise.
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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 the specific characteristics of each proposal. Similar large scale LNG projects in other countries are subject to analogous processes. Some are as rigorous as those in Australia but there are also some with less well-developed environmental review processes. In the latter cases, either corporate and/or financial institution standards dictate the environmental review processes. This extended abstract reviews the processes that the present above-mentioned LNG projects have gone through or are going through and compares them to similar processes in other countries where large-scale oil and gas projects have been proposed or permitted. The authors compare both the strategic assessment approach taken for the Browse LNG project to the more traditional approach of environmental impact statement/environmental review and management plan used for other recent or present oil and gas projects. The authors also evaluate these reviews in relation to comparable multi-jurisdictional reviews taken in the US, Canada and the UK for their joint federal/state/regional environmental review processes.
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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 (May 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, of whom at least 53 have had alleged links to terrorism. This is more than the total number of revocations by Canada, France, Australia, and Netherlands combined. These developments are troubling, as the right to be secure in one's citizenship has been a cornerstone of the postwar European liberal political order, and of the international community's commitment to human rights.
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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 (March 31, 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 analysis of statutes and Acts related to misrepresentation. Findings indicate that there are differences in the burden of proof in misrepresentation found in the legal provisions of each country. The United Kingdom and Australia have clear legal provisions concerning the burden of proof, while Malaysia and India do not. Hence, the legal provisions in Australia and the United Kingdom should be taken as examples for enacting clear provisions in order to avoid any confusion.
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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 rewrite income tax legislation – in Australia, the United Kingdom and New Zealand.
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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 (January 26, 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 average those receipts over more than one assessment year. An Australian taxpayer can spread their more broadly defined assessable professional income and, if they operate a professional arts business, may enjoy an exception to the non-commercial loss rules, and so may claim net losses in the year they are incurred. The substantive provisions of neither the Income Tax Act 2007 nor the Income Tax Assessment Act 1997 (Cth) expressly incorporates provisions of copyright legislation but both taxing statutes explicitly import copyright terminology and, implicitly, concepts and doctrine. Examination of differences between fact and law is a significant field of legal research. In taxation studies, John Prebble's identification of "ectopia" presents the best-known analysis. Prebble characterises income tax law as "ectopic" (out of place), inasmuch as it is dislocated from the facts to which it relates. Copyright law is likewise dislocated from typical artistic practice. When copyright principles are incorporated into income tax legislation, the relevant provisions may be doubly estranged from the facts to which they relate. This article, which has an Australasian jurisdictional focus but also draws on Quebecois tax legislation, investigates that possibility and considers, in particular, the consequences for equity in income taxation.
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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 (December 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-operative federalism’ ushered in by the Inter-governmental Agreement on the Environment 1992. The promulgation of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBCA) represents the conclusion of this search for the most appropriate statement of Commonwealth/state responsibilities for the environment; and represents the most fundamental reform of Commonwealth responsibility for the environment in the past 30 years. The Act, which came into force on 16 July 2000, replaces five existing statutes; the Endangered Species Protection Act 1992 (Cth); the Environment Protection (Impact of Proposals) Act 1974 (Cth) (EPIP Act); the National Parks and Wildlife Conservation Act 1975 (Cth); the Whale Protection Act 1980 (Cth), and the World Heritage Properties Conservation Act 1983 (Cth).1 The passage of the Act has been controversial because it appears to limit the legal responsibilities of the federal government to a narrow list of defined circumstances, omitting in the process some environmental issues in Australia that might appear to demand a national approach. The purpose of this paper is to describe the background and philosophy behind the new legislation, and outline the provisions for Commonwealth environmental assessment and approval of actions that might significantly affect the environment.
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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 (March 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, the laws in all three jurisdictions deny women full reproductive freedom and are founded on the assumption that women are not responsible moral beings. The repeal of all laws concerning abortion would be a stepping stone to re-framing moral questions about abortion and developing a distinctive feminine morality which attends to the needs of women.
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Lock, Geoffrey. "The 1689 Bill of Rights." Political Studies 37, no. 4 (December 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 discussed briefly. Most of the Bill probably does not apply to Northern Ireland. Opinions vary on the Bill's importance but in the author's view it is still a potent force.
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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 governing the application of U.S. statutes in cases involving significant foreign elements. As I will argue, however, like other recent decisions, RJR raises doubt as to the sufficiency of such rules to address the messy and often unpredictable patterns of transnational economic activity.
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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 (June 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 relationship between property law and property registration is left unattended. With reference to comparative materials from England, Scotland and Australia, this paper identifies some of the unanswered questions that would have serious implications on the integrity and reliability of the real property register as a whole, especially in the context of fraud and forgery.
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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 is to examine whether the circumstantial evidence may be accepted by the court in cases involving insider trading and to analyze how circumstantial evidence helps the court to decide the mens rea by deducing it from the offender’s behavior at the time of the commission of the offence. Qualitative methodology using primary sources such as statutes and cases is used to analyze the application of circumstantial evidence by the courts while secondary sources referred to are academic books and articles. It is found that most of the judges accepted circumstantial evidence to prove the elements of insider trading. It helps the court to understand the state of mind of the offender, decide who is an insider and determine the type of information whether it is material and generally available to the public. This research suggests that circumstantial evidence is necessary to assist the courts in the cases.
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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 (March 13, 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, the causes of the enforcement gap are multifactorial, derived from all stages of the enforcement process. Further research on the enforcement model and public education, in addition to debate on legislative reforms, will be needed to address this gap.
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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 (November 10, 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 the offender in their trial and to choose the purpose that best justified the sentence. The judges’ sentencing remarks were coded and the results were compared with the jurors’ surveys. The research shows that, in this jurisdiction, the views of the judges, the jurors and the legislators are not always well aligned. Judges relied on general deterrence much more than jurors and jurors selected incapacitation as the primary purpose in only about a fifth of ‘serious offender’ cases where parliament has provided that community protection must be the principal purpose.
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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 (May 21, 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 jobs is identified in which children were employed in harsh conditions, in some instances in greater proportions than adults. Following the reports of the Royal Commission, the parliament of Victoria recognized a child labour problem serious enough to warrant regulation. While noting that circumstances were not as severe as in Britain, it passed legislation in 1885 with provisions that offered more protection to children than those in the British factory act of 1878. The legislation also offered more protection than factory laws in other industrializing colonies and countries. The findings throw light on the character of colonial liberal reformers in a wealthy colony who sought to create a better life for white settlers by adopting policies of state intervention.
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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 (January 9, 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 firms generally accept potential clients only after analyzing potential risks, dismiss many risky clients, raise their total or hourly fees, spend more time examining attestation evidence, and perform other procedures to reduce their litigation risk. This risk arises largely from the federal and state legal systems, assuming that auditors can better absorb and control losses from misleading financial statements than can financial statement users. While culpable, this litigious environment led to the demise of two large international Certified Public Accounting firms—Arthur Andersen and Laventhol & Horwath. Is the global economy better off having fewer accounting firms with the capacity to perform international audits? A Public Company Accounting Oversight Board’s recent Exposure Draft would require auditors of issuers to expand significantly their audit reports beyond current Pass/Fail standards, which could increase audit firms’ disclosures and resultant liabilities. After examining U.S. federal and state statutes plus court decisions regarding auditor liability, we suggest methods to protect the public while allowing audit firms to thrive in these environments.
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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 (July 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 legislation has already been enacted in the United Kingdom, Canada, South Africa, Australia, and New Zealand, and the statutes in these jurisdictions reveal an emerging right of association. In this paper, the author surveys the evolution of this right and its key features. She offers a critique of this right, and argues that the need for it has never been properly established, and that the legislation is overly broad, does not reflect an appropriate balancing of interests, and may infringe upon the freedom of expression.
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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 (December 26, 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 enforceable protection provision relating to animal welfare was identified. A total of 436 statutes were examined, with 42 statutes being included in the detailed analysis. The comparison showed that animal protection laws are generally consistent between each Australian jurisdiction and were found to have similar shortcomings, notably including lack of a consistent definition of ‘animal’ and reliance on forms of legal punishment to promote animal welfare which have questionable effectiveness. It is argued that there is a need for attention to definitions of key terms and future consideration of alternative forms of penalties, but that a uniform federal approach may not be necessary to address these shortcomings.
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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 almost all developed democracies, have such specialized mechanisms of constitutional review, which cover all types of governmental activity, whether it is the will of the legislature, executive acts, or judgments of courts. Citizens, as well as subjects of political arena, are provided with effective constitutional remedies. In other States, including Russia and some post-Soviet systems, only statutes (mostly laws) are subject to constitutional review. Actions and casual decisions of authorities can only be reviewed for compliance with the statutes in courts of general jurisdiction (administrative procedure). This article is an attempt to prove the existence of a separate body of constitutional misconduct, i.e. such possible manifestations of power, illegality of which is often difficult even to reveal in administrative proceedings due to the issues of a truly constitutional nature, let alone the possibility of curbing such acts by ordinary measures. The first paragraph presents an original classification of constitutional misbehavior – from a violation of a direct or implicit constitutional provision to a breach of the constitutional oath or citizens’ legitimate expectations. The second paragraph supports the theoretical dogma with the empirical basis, considering foreign practice of constitutional review. Real actions of the senior government officials of the United States, Germany, Austria, Italy, Australia, Lithuania, South Africa, etc. were held at various times as unconstitutional. The third paragraph is a discussion on the problem of administrative process’ capacity to ensure that the behavior of government is constitutional and to implement the goals of constitutionalism. Take, for instance, just some examples of constitutional misbehavior: religious-biased and intolerant speeches on the part of officials, the excess of “implied” powers, the unpredictable enforcement acts and executive decisions etc. There is no doubt that such misconduct is dangerous for constitutional democracy. But the real doubt is the ability and competence of administrative courts to judge such conduct on the merits of constitutionality. Research material shows that the legality of acts does not always mean their constitutionality, while the unconstitutionality of acts does not always mean the unconstitutionality of their statute ground. Thus, the author makes a valid conclusion that the power of behavioral constitutional review is an immanent characteristic of limited government and should be separated from statutory constitutional review.
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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 (June 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 to displacement, for three reasons. First, the courts do not allow governments to subvert or ignore statutes by using the prerogative. Secondly, the courts have almost always decided in favour of liberty and against the conferral of coercive powers on government. Thirdly, a single rule could not do justice to all the variables involved in displacement cases. Ordinary principles of statutory interpretation are sufficient to deal with questions of displacement.
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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 (September 1997): 668–89. http://dx.doi.org/10.1111/1468-2230.00107.
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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 (April 28, 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 resolution mechanism, is considered a potential method of dispute settlement since it is effective in addressing the issues in a family conflict involving the elderly. Due to its effectiveness, the application of mediation as a means of resolving disputes has gained global attention. Considering its effectiveness, some countries, such as Australia and Canada, apply mediation in resolving family issues involving the elderly. The use of mediation in family disputes is not new in Malaysia, however, it is yet to be applied in elderly family disputes. The objective of this article is to explore the scope of the application of mediation in elderly family issues. As such, this study adopts the qualitative approach of research where primary and secondary sources of data were gleaned from various statutes as well as existing literature, respectively. In order to underline the potential of mediation in dispute resolution, the experiences of Australia and Canada have been shared in this article. The finding indicates that due to its intrinsic excellence and usefulness, mediation can excel in resolving the disputes related to the elderly. Therefore, the paper recommends embracing mediation as a feasible dispute settlement mechanism involving the elderly in a family setting in Malaysia.
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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 (August 15, 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:: Private Lease Scheme; Developer; Cetificate of lease; Misrepresentation. eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6i17.2867
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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 the thousands of horrific birth defects that resulted from widespread use of the sedative thalidomide in Europe and Australia in the late 1950s. As Lawrence Rothenberg describes this argument, it amounts to a meta-narrative of the origins of regulation, an alternative to capture theory. In the tragedy narrative of regulation, “public opinion becomes energized by some dramatic event or condition illustrating the pitfalls of a market's unobstructed operation; the outcry spurs elected officials to promulgate governmental regulation.” This story, as he notes, is at least as old as the work of Marver Bernstein and Anthony Downs.
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Martin, J. H. "PETROLEUM EXPLORATION AND PRODUCTION- WHAT ARE THE ENVIRONMENTAL OBLIGATIONS OF JOINT VENTURE PARTICIPANTS?" APPEA Journal 37, no. 1 (1997): 738. http://dx.doi.org/10.1071/aj96056.
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Participants in joint venture operating agreements in Australia are potentially liable for environmental offences under State environmental statutes as well as Petroleum (Submerged Lands) Acts and State Petroleum Acts. In addition, adverse environmental impacts can affect an array of other commercial factors, including the future costs of obtaining finance, insurance cover and access to new acreage.The nature of potential risks and liabilities are such that environmental management must be regarded as an on-going risk management activity, integrated into all planning and day-to-day operations in the same way that health and safety management is now being widely incorporated in petroleum industry activities. Joint venture participants generally pay considerable attention to the calibre of the technical (geological and engineering) advice provided by the operator. It follows that they should also place considerable importance on the calibre of environmental management expertise provided by the operator and its contractors.A successful system of management should be modelled on a due diligence defence, which requires that those who are directing joint venture activities exercise due diligence, requiring the establishment of a proper system to prevent violations of the law and the effective operation of that system, including supervision, maintenance and improvements in business methods.
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Fishman, Paulina. "Statutory Misinterpretation: Rash Holding in Brash Holdings." Federal Law Review 45, no. 2 (June 2017): 199–221. http://dx.doi.org/10.1177/0067205x1704500203.
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The modern approach to statutory construction guides the judiciary, the legal profession, litigants, and academics in interpreting the myriad legislative provisions in Australian law. Yet what if critical sections have been construed in ways that are irreconcilable with the basic rules of modern statutory interpretation? One of the most important commercial statutes in the country is the Corporations Act 2001 (Cth). This article exposes one instance of misinterpretation in respect of that statute, contained in a decision of a unanimous Full Court of the Supreme Court of Victoria, and makes proposals for resolving such quandaries.
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Nasrullah, Abdul Haseeb Ansari, and Adis Putri Nelaniken. "THE LEGAL PROTECTION OF MARINE ECOSYSTEM FROM CIGARETTE BUTTS POLLUTION IN INDONESIA." IIUM Law Journal 29, no. 1 (June 30, 2021): 129–52. http://dx.doi.org/10.31436/iiumlj.v29i1.558.
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Indonesia is recognized as a country with high potential in maritime resources. However, Indonesia is also known as the second-largest contributor to plastic waste in the ocean. It is estimated that Indonesia contributes around 200,000 tonnes of plastic disposals. The highest pollutant of the plastic product was found to be cigarette butts. The trillions of cigarette butts generate chemical contamination the ocean waters. Chemicals that leach from the cigarette butts are extremely toxic to the aquatic life in the ocean. The marine pollution caused by this contamination was never seriously noticed, even though the huge number of cigarette butts were found in the sea. A grave concern should be shown on the impacts of the cigarette butts to the ocean. The objective of this article is to elaborate on Indonesian law dealing with the issue the cigarette butt pollution contaminating the oceans of Indonesia.This article is the result of normative research which analyzes exiting statutes and cases that aims at protecting the marine ecosystem from the cigarette filter disposal. This research attempts to analyze the existing laws and regulations in Indonesia on the protection of the marine ecosystem from toxic and hazardous wastes, especially from cigarette butts waste disposal. The results of this study show that to date there is no specific regulation dealing with tobacco waste product disposals. Accordingly, the government is suggested to enact a set of specific and effective regulations pertaining to tobacco waste products as done by some developed countries or states such as Singapore and Australia, so that marine pollution caused by cigarette butts could be prevented.
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Othman, Mohd Bahrin Bin, Hariz Sufi, Faridah Binti Hussain, Sarah Munirah Binti Abdullah, and Kemala Binti Alang. "Re-Examining the Publicity, Advertising and Marketing of Legal Profession in Malaysia." Malaysian Journal of Social Sciences and Humanities (MJSSH) 6, no. 10 (October 10, 2021): 443–55. http://dx.doi.org/10.47405/mjssh.v6i10.1080.
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The legal practitioners in Malaysia are restricted from publicising, advertising and marketing themselves on the grounds of fiduciary relationship with clients, the duty to serve the public and it is professionally undignified. Despite the advancement of the Information, Communication and Technology, lawyers are restricted in utilising it for publicity, advertising and marketing. At the same time, the public is deprived of information to engage the best lawyers of their choice. Furthermore, while other countries such as European Union, United Kingdom, Singapore and Australia have moved forward, the Malaysian legal profession remains unchanged. This concept paper investigates the adequacy of the Legal Profession (Publicity) Rules 2001(“LPPR 2001”) in legalising publicity, advertising and marketing. This paper adopts a qualitative research methodology with doctrinal and comparative approaches. Firstly, this paper focuses on content analysis of statutes as the primary source of law. Secondly, content analysis on secondary sources of law including journal articles, and online sources. Thirdly, conducting a comparative study by analysing the primary and secondary sources of law in other jurisdictions. This paper explains that lawyers must be allowed to innovate into new methods in publicising, advertising and marketing themselves. Society will greatly benefit from this as they will be more informed and knowledgeable in engaging the service of lawyers of their choice. This paper ends by suggesting that there is a dire need to legalise the publicity, advertising and marketing of the legal profession in Malaysia. Thus, this research is significant to the development of the legal profession in Malaysia.
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Moore, R. K., and R. M. Willcocks. "SOME COMMERCIAL ASPECTS OF PETROLEUM EXPLORATION AND MINING." APPEA Journal 25, no. 1 (1985): 143. http://dx.doi.org/10.1071/aj84014.
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The petroleum industry in Australia is at the centre of a web of complex laws. In addition to the legislation under which petroleum exploration and production tenements are granted there is a multiplicity of statutes and regulations, Commonwealth and State, which have a direct bearing on the conduct of those involved in exploring for or exploiting Australia's petroleum reserves. For example, the level of participation by foreigners is governed by the Commonwealth Foreign Investment Guidelines and the Foreign Takeovers Act 1975; the Commonwealth has control over the export of petroleum under the Customs (Prohibited Exports) Regulations and domestic markets are subject to the operation of the Crude Oil Allocation Scheme. The Commonwealth continues to have the right to regulate the transfer of funds to and from Australia under the Banking (Foreign Exchange) Regulations. Certain States such as South Australia and New South Wales have their own foreign investment guidelines.Not only this, there are revenue laws which govern very much the way in which petroleum projects are organised, interests transferred and otherwise dealt with and finance made available, such as State stamp duty legislation, Commonwealth income tax laws, and Commonwealth legislation imposing registration fees on dealings in exploration permits and production licences. A new tax, Resource Rent Tax, is to be introduced.Then there are laws which have an indirect bearing on petroleum activities such as the Companies Code which, in addition to governing the administration and organisation of companies, controls the way funds can be raised.The statutory and regulatory framework is only part of the picture. The rights and obligations of participants in petroleum projects as between themselves are almost always set out in a joint venture or joint operating agreement, the combination between the participants being known as an unincorporated joint venture. This form of business organisation is not a partnership; it is not the creature of legislation. Indeed it has been rarely referred to in Acts of Parliament. Problems arising under the joint venture agreement will be considered against the backdrop of the general law which unfortunately has seldom been called upon to resolve disputes between participants in joint ventures. An illustration of one of these rare instances is Brian Pty Ltd v United Dominions Corporation Ltd (1983), where the New South Wales Court of Appeal considered the fiduciary relationship of joint venturers.Despite this legislative and regulatory' backdrop and the uncertainties as to the true effect of joint venture agreements, the industry up until quite recently has survived with little litigation. This is no longer the case. Recent and pending litigation shows that there is no reluctance on the part of participants to take their disputes to court, often at great expense and with unfortunate results for previously close relationships. It must now be said that money spent to achieve proper and clear agreement on organisational and legal matters at the earliest stage of a project is money just as well spent as that on drilling and other operational activities.