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Artykuły w czasopismach na temat "Television Law and legislation Australia"
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Hitchens, L. P. "Approaches to broadcasting regulation: Australia and United Kingdom compared". Legal Studies 17, nr 01 (marzec 1997): 40–64. http://dx.doi.org/10.1111/j.1748-121x.1997.tb00659.x.
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Delivering the 1995 Goodman Lecture, David Glencross, the then Chief Executive of the Independent Television Commission (‘ITC’) commented that the Broadcasting Act 1990 did not contain sufficient flexibility to allow the ITC to deal effectively with unforeseen developments such as changing technology and media ownership and control issues. This is an interesting comment on the legislation because the Broadcasting Act 1990 represented a deliberate move towards a rule-based form of regulation away from the flexible, non-specific and discretionary style of the Broadcasting Act 1981 which it replaced. The White Paper which set out the Government's proposals for the new regulatory system emphasised this:‘The ITC would apply lighter, more objective programme requirements. …The ITC would therefore adopt a less heavy handed and discretionary approach than the IBA necessarily does at present’.However, the Government recognised that ‘[a] new enabling framework must be flexible enough to allow for technological change’.
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Allan, T. R. S. "Ad Hominem Legislation in Australia". Cambridge Law Journal 56, nr 1 (marzec 1997): 4–6. http://dx.doi.org/10.1017/s0008197300017542.
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Clarke, Tenille. "Legislation in Australia: Social Control or Education?" Australian Journal of Environmental Education 17 (2001): 115–17. http://dx.doi.org/10.1017/s0814062600002512.
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The primary function of legislation in Australia is that of an educative one rather than an enforcement role. An example of legislation the main function of which is to educate is the Occupational Health and Safety Act, 1985 (O.H.&S. Act). The main aim of the Act is to legislate for a safe work place, breaches of the Act can induce human suffering, therefore the Act is designed to prevent workplace accidents, not to prosecute.The O.H.&S. Act was introduced after a time of social change. The sixties and seventies were times of protest on matters concerning equality for women and for many underprivileged groups. As a result of this, a demand for the rights of safety within the workplace followed. With the advent of the Act in 1985 came a legitimation to the premises of workplace health and safety. The demands for workplace health and safety were recognised by the government and it accommodated by legislating for a safe workplace. The OH & S Act satisfies a need to educate the public on workplace safety and the right to workplace rehabilitation after a workplace illness, by using many social mechanisms. These mechanisms include the set up of a beaurocratic organisation—Workcover, to administer the Act. Workcover educates the public through the use of training schemes, graphic television commercials and standards as a guide to correct practice. Evolution of the Act to management of safety by employers and employees demonstrated that legislation is a self-referential system that has feedback loops which are the result of the education of society. The mechanisms used in the processes of education are socially constructed. Legislation is therefore used to guide society into acceptance of an ideal/framework.
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Schofield-Georgeson, Eugene, i Michael Rawling. "Industrial legislation in Australia in 2019". Journal of Industrial Relations 62, nr 3 (2.04.2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.
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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key policy trend, observable at both state and federal levels of government, towards regulation of aspects of industrial relations by the state that were once exclusively the province of employers and trade unions through a twentieth-century system of conciliation and arbitration.
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Keyes, Mary. "Jurisdiction Clauses in New Zealand Law". Victoria University of Wellington Law Review 50, nr 4 (2.12.2019): 631. http://dx.doi.org/10.26686/vuwlr.v50i4.6305.
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The Trans-Tasman Proceedings Acts 2010, mirror legislation in New Zealand and Australia, regulate the allocation of jurisdiction in trans-Tasman civil proceedings. The legislation includes provisions dealing with the effects of jurisdiction clauses. This article considers the treatment of jurisdiction clauses under the statutory regime and the common law regime which provides for the effect of jurisdiction clauses that are outside the scope of the legislation, how these regimes differ, and their relative strengths and weaknesses.
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Rawling, Michael, i Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2018". Journal of Industrial Relations 61, nr 3 (1.05.2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.
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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempted to continue to prosecute its case for further union governance measures, this agenda has been less successful than in previous years, with key government Bills not yet passed by the Parliament. The stagnation in the federal Parliament continues to motivate certain State Parliaments to address worker exploitation, and the article goes on to examine key State industrial legislation passed in 2018 including the Victorian labour hire licensing statute. In light of the continuing dominant position of the federal Labor opposition in opinion polls and an impending federal election in 2019, the article concludes by briefly considering the federal Labor opposition's agenda for industrial legislation.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016". Journal of Industrial Relations 59, nr 3 (22.05.2017): 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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Fahey, James, i Rosemary Lyster. "Geosequestration in Australia: Existing and Proposed Regulatory Mechanisms". Journal for European Environmental & Planning Law 4, nr 5 (2007): 378–92. http://dx.doi.org/10.1163/187601007x00316.
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AbstractGeosequestration1 involves the capture (from power stations and other facilities) and storage of carbon dioxide for very long periods of time in underground geological formations. This article is concerned with key legal and regulatory issues associated with establishing and operating geosequestration projects in Australia. It highlights the recent increased interest in, and raised profile of, using geosequestration as a greenhouse gas abatement measure in Australia. It reviews the cooperative efforts of the States, Territories and the Commonwealth to develop a nationally consistent regulatory framework for geosequestration projects, using existing petroleum legislation. These efforts have been driven by a lack of existing Australian legislation that provides an adequate and discrete regime dealing with the issues of responsibility and liability for geosequestered gas, although the release of draft legislation in this area is now imminent. It assesses some State legislative attempts to allow for the underground storage of carbon dioxide, and argues that these fail to satisfactorily deal with the long term (indefinite) nature of the storage aspect of geosequestration projects. Finally, this article examines the States' and Commonwealth's powers to legislate in respect of the injection and storage of carbon dioxide.
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Horsfield, Peter. "Down the Tube: Religion on Australian Commercial Television". Media International Australia 121, nr 1 (listopad 2006): 136–48. http://dx.doi.org/10.1177/1329878x0612100116.
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Since 9/11, the question of the place of religion in the public sphere has re-entered public consciousness in Australia, most recently in links drawn between religion and terrorism, debates about free speech and religious vilification, and discussions about religion and the national character. This paper sets a background to these contemporary issues by examining some of the influential factors and personalities in the changing legislation about the mandatory broadcast of religion on Australian commercial television, from its earliest influences through some of the key contests in its subsequent developments. A range of ambiguities and ambivalences is identified, arising primarily from the dual nature of broadcast licences as commercial enterprises and community service, and the contested place of religion in Australian society. These include questions about the constitutionality of the government mandating the broadcast of religion; contests over what is and isn't religion and who has authority to determine this distinction; conflicts arising from the competing interests of stations, churches and the government in the implementation of the legislation; difficulties in defining the purpose of mandatory broadcast of religious content as the place of religion in Australian society has changed; and resistance on the part of government agencies to acting to resolve those ambiguities in such a contested and contentious domain.
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Bird, Ruth. "Legal Research and the Legal System in Australia". International Journal of Legal Information 28, nr 1 (2000): 70–92. http://dx.doi.org/10.1017/s073112650000888x.
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The law in Australia is derived from legislation passed in Australian parliaments, at Federal and State level, together with the English Common law tradition and the Australian Common Law which developed from the English Common Law.
Rozprawy doktorskie na temat "Television Law and legislation Australia"
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Lane, Karen Lesley. "Broadcasting, democracy and localism : a study of broadcasting policy in Australia from the 1920s to the 1980s". Title page, table of contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phl2651.pdf.
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Rumble, Tony Law Faculty of Law UNSW. "Synthetic equity and franked debt: capital markets savings cures". Awarded by:University of New South Wales. School of Law, 1998. http://handle.unsw.edu.au/1959.4/17591.
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Micro-economic reform is a primary objective of modern Australian socio-economic policy. The key outcome targetted by this reform is increased efficiency, measured by a range of factors, including cost reduction, increased savings, and a more facilitative environment for business activity. These benefits are sought by the proponents of reform as part of a push to increase national prosperity, but concerns that social equity is undermined by it are expressed by opponents of that reform. The debate between efficiency and equity is raging in current Australian tax policy, a key site for micro-economic reform. As Government Budget restructuring occurs in Australia, demographic change (eg, the ageing population) undermines the ability of public funded welfare to provide retirement benefits. Responsibility for self-funded retirement is an important contributor to increasing private savings. Investment in growth assets such as corporate stock is increasing in Australia, however concerns about volatility of asset values and yield stimulate the importance of investment risk management techniques. Financial contract innovation utilising financial derivatives is a dominant mechanism for that risk management. Synthetic equity products which are characterised by capital protection and enhanced yield are popular and efficient equity risk management vehicles, and are observed globally, particularly in the North American market. Financial contract innovation, risk management using financial derivatives, and synthetic equity products suffer from an adverse tax regulatory response in Australia, which deprives Australian investors from access to important savings vehicles. The negative Australian tax response stems from anachronistic legislation and jurisprudence, which emphasises tax outcomes based on legal form. The pinnacle of this approach is the tax law insistence on characterisation of financial contracts as either debt or equity, despite some important financial similarities between these two asset types. Since derivatives produce transactions with novel legal forms this approach is unresponsive to innovation. The negative tax result also stems from a perception that the new products are tax arbitrage vehicles, offering tax benefits properly available to investment in stocks, which is thought to be inappropriate when the new products resemble debt positions (particularly when they are capital protected and yield enhanced). The negative tax response reflects administrative concerns about taxpayer equity and revenue leakage. This approach seeks to impose tax linearity by proxy: rather than utilising systemic reform to align the tax treatment of debt and equity, the current strategy simply denies the equity tax benefits to a variety of innovative financial contracts. It deprives Australians of efficiency enhancing savings products, which because of an adverse tax result are unattractive to investors. The weakness of the current approach is illustrated by critical analysis of three key current and proposed tax laws: the ???debt dividend??? rules in sec. 46D Income Tax Assessment Act 1936 (the ???Tax Act???); the 1997 Budget measures (which seek to integrate related stock and derivative positions); and the proposals in the Taxation of Financial Arrangements Issues Paper (which include a market value tax accounting treatment for ???traded equity,??? and propose a denial of the tax benefits for risk managed equity investments). The thesis develops a model for financial analysis of synthetic equity products to verify the efficiency claims made for them. The approach is described as the ???Tax ReValue??? model. The Tax ReValue approach isolates the enhanced investment returns possible for synthetic equity, and the model is tested by application to the leading Australian synthetic equity product, the converting preference share. The conclusions reached are that the converting preference share provides the key benefits of enhanced investment return and lower capital costs to its corporate issuer. This financial efficiency analysis is relied upon to support the assertion that a facilitative tax response to such products is appropriate. The facilitative response can be delivered by a reformulation of the existing tax rules, or by systemic reform. The reformulation of the existing tax rules is articulated by a Rule of Reason, which is proposed in the thesis as the basis for the allocation and retention of the equity tax benefits. To avoid concerns about taxpayer equity and revenue leakage the Rule of Reason proposes a Two Step approach to the allocation of the equity tax benefits to synthetics. The financial analysis is used to quantify non-tax benefits of synthetic equity products, and to predict whether and to what extent the security performs financially like debt or equity. This financial analysis is overlayed by a refined technical legal appraisal of whether the security contains the essential legal ???Badges of Equity.??? The resulting form and substance approach provides a fair and equitable control mechanism for perceived tax arbitrage, whilst facilitating efficient financial contract innovation. The ultimate source of non-linearity in the taxation of investment capital is the differential tax benefits provided to equity and debt. To promote tax linearity the differentiation needs to be removed, and the thesis makes recommendations for systemic reform, particularly concerning the introduction of a system of ???Franked Debt.??? The proposed system of ???Franked Debt??? would align the tax treatment of debt and equity by replacing the corporate interest deduction tax benefit with a lender credit in respect of corporate tax paid. This credit would operate mechanically like the existing shareholder imputation credit. The interface of this domestic tax credit scheme with the taxation of International investment capital, and the problems occasioned by constructive delivery of franking credits to Australian taxpayers via synthetics, are resolved by the design and costings of the new system, which has the potential to be revenue positive.
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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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Harrison, Peter, i n/a. "A THEORY OF LEGISLATION FROM A SYSTEMS PERSPECTIVE". University of Canberra. Law, 2007. http://erl.canberra.edu.au./public/adt-AUC20081204.115715.
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In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates.
The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a parliament. I cite two reasons for such a conclusion.
The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law.
I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated ?the legal practice?, and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law.
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Tooma, Rachel Anne Law Faculty of Law UNSW. "A case for a uniform statutory general anti-avoidance rule in Australian taxation legislation". Awarded by:University of New South Wales. School of Law, 2007. http://handle.unsw.edu.au/1959.4/29348.
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Taxpayer certainty is the most frequently cited argument against statutory General Anti-Avoidance Rules (GAARs). However the vast literature criticising statutory GAARs fails to consider the extent of taxpayer uncertainty, and the potential for taxpayer uncertainty, in jurisdictions without a statutory GAAR. This thesis examines that gap in the literature. The thesis uses inductive reasoning to suggest that there is greater taxpayer certainty where a statutory GAAR exists and is appropriately administered. Specifically, it uses a case study to demonstrate that there is greater uncertainty for taxpayers where the administration, the judiciary and the legislature may use their vast powers to address perceived avoidance. The thesis then considers the form of a statutory GAAR that may best be expected to promote taxpayer certainty. Such analysis involves a comparison of Australia???s oldest statutory GAAR, Part IVA of the Income Tax Assessment Act 1936 (Cth) (and its predecessor section 260), with the more recent GAARs in Australia???s indirect tax legislation (GST and state stamp duty), and the GAARs of other jurisdictions, including New Zealand, Canada and South Africa. In order to promote taxpayer certainty, a uniform statutory GAAR is ultimately proposed for all Australian taxation legislation, with safeguards to ensure the appropriate administration of the uniform GAAR.
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Ludlow, Karinne Anne. "Which little piggy to market? : legal challenges to the commercialisation of agricultural genetically modified organisms in Australia". Monash University, Faculty of Law, 2004. http://arrow.monash.edu.au/hdl/1959.1/5489.
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Clarke, Tamsin Law Faculty of Law UNSW. "Racism, pluralism and democracy in Australia : re-conceptualising racial vilification legislation". Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/20530.
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Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and social harms of racial vilification. Finally, it is argued that the concepts of human dignity and equality, which underpin European discrimination legislation and notions of justice, provide a way forward for Australian jurisprudence in this area.
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Oya, Kazuo. "The relationship between competition law and telecommunications regulation : a comparative assessment". Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80945.
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This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.
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au, gswensen@westnet com, i Greg Swensen. "Reform of Minor Cannabis Laws in Western Australia, the United Kingdom and New Zealand". Murdoch University, 2006. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070507.150143.
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The past three decades has been a period of intense and sustained debate in a number of major Western countries about the wisdom of police continuing to apply legislation which can severely punish offenders by fines and even imprisonment because of laws and policies that prohibit the use, possession and cultivation of cannabis.
The large and growing number of young adults who have been exposed to the drug, some of whom have been charged and received criminal convictions with attendant deleterious effects on their employment and wellbeing, has forced policy makers to re-evaluate the justification for continuing to criminalise cannabis.
This thesis examines in detail the law reforms that occurred in early 2004 with respect to cannabis offenders in Western Australia (WA) and the United Kingdom (UK) and what lessons these reforms may hold for other jurisdictions interested in decriminalisation of minor cannabis offences.
A study was undertaken to compare the shortcomings and advantages of the different approaches to reform followed in WA and the UK. Reference to the reform in the UK, will be confined to meaning England, Wales and Northern Ireland as the necessary administrative guidelines have not so far been issued for Scotland.
In WA the reforms required a substantial legislative effort to establish a complex framework that outlined in detail the circumstances when police may issue cannabis infringement notices (CINs), whereas in the UK the approach involved limited legislative activity by the reclassification of the legal status of cannabis and by providing police with administrative guidelines issued by the Association of Chief Police Commissioners as to how to exercise their discretion in issuing formal warnings for a minor cannabis offence.
A comparison is made with New Zealand (NZ), where in spite of there being a similar process of deliberation and consultation as in WA and the UK, the government refused to implement formal reform because of a perception it was unable to decriminalise minor cannabis offences because of the restrictions imposed of agreement between the Clarke Labour Government and a minor political party.
The example of the failure of government in NZ to achieve reform illustrates the importance that in some jurisdictions there will be a significant role for non parliamentary advisory bodies and lobby groups to argue for reform and to garner public support when reform has stalled or been frustrated.
The thesis also includes a preliminary exploratory study using a number of indicators, such as prevalence and conviction data, to determine if the reforms implemented by the CIN scheme have resulted in or are likely to create unanticipated harms and to explore some of the issues in being to determine whether changes in law enforcement practices and priorities have impacted on the cannabis market or are likely to change the way cannabis may be transacted in WA.
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Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains". Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
Książki na temat "Television Law and legislation Australia"
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Kenyon, Andrew T. TV futures: Digital television policy in Australia. Carlton, Vic: Melbourne University Publishing, 2007.
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Sayer-Jones, Lyndon. Law brief: The Australian film and television industry in the nineties : a film lawyer's guide for non lawyers. NSW: Trade News Corporation, 1992.
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Australia. Parliament. House of Representatives. Standing Committee on Transport, Communications, and Infrastructure. The role and functions of the Australian Broadcasting Tribunal: Report from the House of Representatives, Standing Committee on Transport, Communications, and Infrastructure. Canberra: Australian Govt. Pub. Service, 1988.
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Bartsch, Ronald I. C. Aviation law in Australia. Sydney: LBC Information Services, 1996.
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Lehmann, Geoffrey. Taxation law in Australia. Wyd. 4. Sydney: LBC Information Services, 1996.
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Lipman, Zada. Pollution law in Australia. Australia: LexisNexis Butterworths, 2002.
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J, Gerkens Randall, red. Food law in Australia. North Ryde, N.S.W: Law Book Co., 1985.
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Bartsch, Ronald I. C. Aviation law in Australia. Wyd. 2. Sidney: Lawbook Co., 2004.
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Lehmann, Geoffrey. Taxation law in Australia. Wyd. 3. Sydney: Butterworths, 1994.
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White, Ben. Health law in Australia. Pyrmont, N.S.W: Lawbook Co., 2010.
Znajdź pełny tekst źródłaCzęści książek na temat "Television Law and legislation Australia"
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Ramsay, Ian, i Mihika Upadhyaya. "The Failed Attempt to Enact Benefit Company Legislation in Australia and the Rise of B Corps". W The International Handbook of Social Enterprise Law, 395–424. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_19.
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AbstractAustralia is an unusual case study in terms of the history of benefit company legislation. Unlike the history in some other countries, the attempt by B Lab Australia and New Zealand (‘B Lab ANZ’) to introduce benefit company legislation was unsuccessful. It failed to gain the support of the government and attracted a mixed response from Australian businesses and academics. The authors discuss why the attempt was unsuccessful. However, although benefit company legislation was not enacted in Australia, B Lab ANZ’s B Corp certification program has had significant success with 371 Australian B Corps as of January 2022. The authors argue that while B Lab ANZ’s B Corp certification requirements achieve, in some important respects, some of what was contained in the proposed benefit company legislation, had it been enacted the proposed legislation would have ensured greater transparency and accountability for those companies electing to become benefit companies than is currently the case for B Corps in Australia.
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Urbas, Gregor. "Substantive and Procedural Legislation in Australia to Combat Webcam-Related Child Sexual Abuse". W Information Technology and Law Series, 135–82. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_4.
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Bruce, Alex, i Thomas Faunce. "Food Production and Animal Welfare Legislation in Australia: Failing Both Animals and the Environment". W International Farm Animal, Wildlife and Food Safety Law, 359–94. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-18002-1_11.
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Keeffe, Mary, i Rittika Ghosh. "Legislation, Case Law and Current Issues in Inclusion for the United States, Australia and India". W Inclusion, Disability and Culture, 313–34. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55224-8_20.
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Field, Andrew. "Legislation, Electronic Commerce and the Common Law: the Growing Legislative Framework, How it Compares Internationally and its Failings in Australia". W The Economics of E-Commerce and Networking Decisions, 134–50. London: Palgrave Macmillan UK, 2003. http://dx.doi.org/10.1057/9781403938374_7.
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Hill, Lisa, Max Douglass i Ravi Baltutis. "Implementation of s 113: Lessons to Adopt, Pitfalls to Avoid and Refinements to Pursue". W How and Why to Regulate False Political Advertising in Australia, 123–39. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-2123-0_9.
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AbstractBecause s 113 has been in place for some time it has much to teach us about how to design a viable regime for truth in election advertising. However, in sketching out our preferred or ideal model we offer a number of enhancing modifications to SA’s framework, some of which are inspired by practice (and shortcomings) in other common law jurisdictions. We focus here on the implementation of s 113, in particular on issues associated with: whether the publication of misleading election information should be a civil or criminal matter; timeliness and resources including ergonomic aspects of the investigation process; the notion of ‘material extent’ and its complications in determining a breach of s 113; the issue of possible unintended consequences of TIPA-type legislation; problems associated with determining the difference between purported statements of fact and opinion; legal defences; and appropriate penalties and adjudicators.
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Payne, Alistair, i David Fixler. "Australia (‘.au’)". W Domain Name Law And Practice. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780199663163.003.0010.
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Trade marks and trade names are protected in Australia by a combination of registered trade mark protection (Trade Marks Act 1995 (Cth) (TMA), the action in ‘passing off’ at common law and by the prohibitions on misleading or deceptive conduct and false association under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010) ss 18 and 29 (corresponding provisions under previous legislation: Trade Practices Act 1974, ss 52 and 53).
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Godden, Lee. "Law, Resilience, and Natural Disaster Management in Australia". W Resilience in Energy, Infrastructure, and Natural Resources Law, 116—C8.N131. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192864574.003.0008.
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Abstract In the summer of 2019–2020 bushfires raged across many parts of Australia. The extent of the disaster was unprecedented, with areas never previously exposed to bushfires, burning with an intensity not experienced to date. The fires destroyed major energy infrastructure, with communities cut off from power supplies for long periods. The security of the national energy infrastructure and the maintenance of electricity supply remain of concern after the bushfires. Drawing on resilience concepts and systems theory, this chapter examines measures adopted in Australia to respond to the combined risk that climate change and natural disasters pose to the resilience of energy infrastructure. Moreover, electricity infrastructure itself poses a significant risk to humans and natural systems. Energy infrastructure, such as ageing or poorly maintained electricity transmission systems exacerbate fire risk. Government measures to enhance the resilience of energy infrastructure and energy systems, draw on legislation, policy, institutional arrangements (regulatory systems), and project-based initiatives that cross disaster and emergency management legislation, the national electricity market regulation, together with natural disaster and climate adaptation legislation. This chapter argues a more systemic legal approach is required to build resilient energy infrastructure systems to respond to escalating climate change risks, and the increase in natural disasters. The chapter examines the recommendations from a 2020 Royal Commission to reduce bushfire hazards to critical electricity infrastructure to assess their potential effectiveness in enhancing electricity system resilience.
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Groot, John de. "Australia". W International Succession, 27–46. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870463.003.0003.
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This ch apter emphasizes that the legal system in Australia is a common law system. It notes that Australia is a federated system where all States and Territories have their own succession legislation. In terms of wills, the chapter argues that Australia allows informal wills to be probated provided that the Court is satisfied that the ‘testator’ intended the document to be his or her will. This chapter then shifts to discuss the method of codicils—which is executed in the same manner as the will. In the context of intestacy rules in Australia, the chapter highlights that no distinction is made between the issue of a lawful marriage, de facto, or other relationship, all are ‘issue’ entitled to take on intestacy, as appropriate. Ultimately, this chapter sheds a light on the freedom of testation in Australian law. It then reviews the concept of community property between husband and wife in Australia, joint property, and doctrine of hotchpot.
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Susan, Kiefel. "Part IV Practice and Process, Ch.21 Standards of Review in Constitutional Review of Legislation". W The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0022.
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This chapter explores the High Court's jurisdiction in Australia to review legislation for constitutional validity. Every Australian court of competent jurisdiction has the power to declare a law of the Commonwealth or of a State void because of transgressing the Constitution. The High Court, which is the ultimate court of appeal in Australia, is the authoritative and final interpreter of the Constitution. Though this authority is not expressly stated in the Constitution, it can be discerned through various sources. Furthermore, the methods of review vary according to both the nature of the constitutional head of power under which legislation is said to have been enacted, as well as whether the challenge to the validity of the legislation is based upon its restrictive effect upon a constitutionally protected freedom. These freedoms are not individual rights or freedoms, but instead effect a restriction or limitation on the legislative power of the Commonwealth.