Miscarriages of Justice in Australia: A Brief Overview

Wednesday 26 April 2017 @ 1.33 p.m. | Crime | Legal Research

In every country there is some sort of miscarriage of justice that may be carried out in the criminal justice system. The amount of miscarriages of justice carried out in each country depends on many factors, including but not limited to:

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ATO Says Little Evidence of Multinational Tax Evasion: Even After Chevron

Wednesday 26 April 2017 @ 11.04 a.m. | Corporate & Regulatory | Taxation | Trade & Commerce

Even after the reported "landmark" decision in Chevron  Australia Holdings Pty Ltd v Commissioner of Taxation [2017] FCAFC 62 handed down last Friday (21 April 2017), where the Full Court of the Federal Court upheld an earlier decision of Justice Robertson in Chevron Australia Holdings Pty Ltd v Commissioner of Taxation (No 4) [2015] FCA 1092 (23 October 2015) in favour of the Australian Tax Office (the ATO) that international oil and gas company Chevron meet a tax bill that could exceed $300 million, the ATO is reported as having  declared:

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Turnbull Government Announces Changes To Citizenship Process

Monday 24 April 2017 @ 12.18 p.m. | Immigration

Prime Minister Malcolm Turnbull and Minister for Immigration and Border Protection Peter Dutton have announced a number of changes to the Australian citizenship process.  The changes include extending the length of time permanent residents must live in Australia before applying for citizenship from one year to four years, requiring applicants to pass an English test, adding questions on values to the citizenship test and requiring applicants to demonstrate that they have integrated into the Australian community.

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New Appointments for April 2017: ICAC, QCA and NT EPA

Monday 24 April 2017 @ 12.14 p.m. | Judiciary, Legal Profession & Procedure | Legal Research

April 2017 has been a busy month across Australia for appointments with a new ICAC Chief Commissioner, new President of the Queensland Court of Appeal and new NT EPA Board member announced.

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Twice-Rejected Online Child Protection Legislation ‘Carly’s Law’ Reintroduced

Friday 21 April 2017 @ 11.05 a.m. | Crime | Legal Research

On 2 March 2017, Minister for Justice Michael Keenan introduced the Criminal Code Amendment (Protecting Minors Online) Bill 2017 (CTH). The object of the Bill is to protect children under the age of 16 from harm, sexual activity or contact by a person above the age of 18. This includes misrepresentation of one’s age online as part of a plan to cause harm to anyone less than 16 years of age. The changes have been welcomed as a timely response to the changing nature of online activity by teenagers.

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ACCC Launches Investigation into Lack of Transparency in Australia’s Gas Markets

Friday 21 April 2017 @ 8.38 a.m. | Legal Research | Trade & Commerce

The Australian Competition and Consumer Commission (ACCC) will use its inquiry powers, including its ability to compulsorily acquire information, to increase transparency and address opaqueness in the gas market.

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Aggravating and Mitigating Factors in NSW Criminal Sentencing Procedure

Thursday 20 April 2017 @ 2.38 p.m. | Crime | Legal Research

The Crimes (Sentencing Procedure) Act 1999 (NSW) (the Act), section 21A, lists out the aggravating and mitigating factors that a judge or magistrate could take into account before delivering their final judgment to the defendant in NSW criminal cases.

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Australian Consumer Law Review Recommends Much Stronger Penalties for Breaches

Thursday 20 April 2017 @ 10.54 a.m. | Corporate & Regulatory | Legal Research | Trade & Commerce

The three year Australian Consumer Law Review (the review) which concluded in March 2017, delivered its final report yesterday (19 April 2017), and, as one of its key findings, has recommended that Ministers for Consumer Affairs should consider imposing tougher financial penalties on companies that breach the law.

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Commonwealth Diverted Profit Tax Acts

Wednesday 19 April 2017 @ 11.30 a.m. | Taxation

Recently, the Treasury Laws Amendment (Combating Multinational Tax Avoidance) Act 2017 (No. 27 of 2017) and the Diverted Profits Tax Act 2017 (No. 21 of 2017) were assented by the Federal executive government. The Acts introduce a new diverted profits tax to ensure that the tax paid by significant global entities properly reflects the economic substance of their activities in Australia. The scheme also attempts to prevent the diversion of profits offshore through contrived arrangements set up by global entities.

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Foreign Bribery and White Collar Crime: Public Consultation Papers Released

Wednesday 19 April 2017 @ 11.22 a.m. | Corporate & Regulatory | Crime | Legal Research | Trade & Commerce

Recently, on 4 April 2017, the Minister for Justice, Michael Keenan, released a public consultation paper, seeking feedback on proposed reforms to Australia's current foreign bribery regime. The reforms are aimed at assisting law enforcement agencies with their fight against corruption - the paper is entitled Combatting Bribery of Foreign Public Officials; Proposed Amendments to the Foreign Bribery Offence in the Criminal Code Act 1995. In his Media Release, the Minister describes the proposed changes as:

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