Victoria Introduces Bill To Allow Automated Vehicle Testing and Development

Monday 20 November 2017 @ 10.43 a.m. | Crime | Legal Research

Last week, the Victorian Minister for Roads and Road Safety introduced the Road Safety Amendment (Automated Vehicles) Bill 2017 (the Bill) to the Victorian Legislative Assembly. This Bill, presented by Mr Donnellan, proposes to amend the Road Safety Act 1986 with the purpose of creating a permit scheme for the authorisation of “testing and development of automated vehicles on Victorian roads.” Mr Donnellan, in his second reading speech, describes this in the context of “automation to autonomy”:

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South Australian Bill To Make Amendments to Drug Offenders Legislation

Monday 20 November 2017 @ 9.24 a.m. | Crime | Judiciary, Legal Profession & Procedure

On Wednesday (15 November 2017) the SA Attorney General and Minister for Justice Reform,the Honourable JR Rau (the AG) introduced the Statutes Amendment (Drug Offenders) Bill 2017 into the SA Parliament to amend the Controlled Substances Act 1984 (SA) (the Controlled Substances Act) and the Criminal Assets Confiscation Act 2005 (SA) (the CAC Act).  The Bill is a further attempt to deal with the "devastating impact" of illicit drugs, particularly crystal methamphetamine (crystal meth), on the South Australian community.

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ACCC v Morild Pty Ltd [2017] FCA 1308: Franchisor Penalised for Breaches of the Franchising Code

Friday 17 November 2017 @ 12.54 p.m. | Legal Research | Trade & Commerce

In a recent court action brought by the Australian Competition and Consumer Commission (ACCC), the Federal Court, on 10 November 2017, handed down a judgment ordering the franchisor of Pastacup (Morild Pty Ltd) (Morild) to pay penalties of $100,000 for breaches of the Franchising Code of Conduct (the Code) as well as numerous breaches of the Competition and Consumer Act 2010 (Cth).

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Opal Card False Imprisonment Case Overturned By NSWCA

Friday 17 November 2017 @ 12.02 p.m. | Legal Research | Torts, Damages & Civil Liability

In State of New South Wales v Le [2017] NSWCA 290, the NSW Court of Appeal (“the Court”) has overturned a decision by the NSW District Court that saw a man stopped by transport police awarded damages of $3201 for “false imprisonment”.  The Court found that “the officers were justified in the steps they took in stopping and detaining the respondent” [at 23] and allowed the appeal.

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Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - Proposed Same-Sex Marriage Bill

Thursday 16 November 2017 @ 11.27 a.m. | Legal Research

Yesterday, 15 November 2017, marked the release of the results of the Australian Bureau of Statistic’s Marriage Equality Postal Survey. The results found that, of the population of Australians that voted in the survey, 61.6% voted yes: the law should be changed to allow same-sex couples to marry. In response to this majority postal vote, Senator Dean Smith released the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 (the “Bill”), which, as presented, attempts to pay heed to the wishes of the majority of the Australian population.

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Even Tougher Criminal Organizations Law Commences in South Australia

Thursday 16 November 2017 @ 10.33 a.m. | Crime | Judiciary, Legal Profession & Procedure

On Tuesday (14 November 2017) the Criminal Law Consolidation (Criminal Organisations) Amendment Act 2017 (SA - No 47) (the Amending Act) received the Royal Assent and by virtue of the operation of section 7(1) of the Acts Interpretation Act 1915 (SA) came into operation on that date. The enactment of these amendments is designed to make the "criminal organisations" provisions of the South Australian criminal legislation even tougher than they already are by removing one of the key defences to charges under the legislation. The Amending Act amends Part 3B Division 2 of the Criminal Law Consolidation Act 1934 (SA)(the CLC Act) which contains the scheme intended to deal with serious and organised crime.

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Procedural Fairness: HFM045 v The Republic of Nauru [2017] HCA 50

Wednesday 15 November 2017 @ 12.48 p.m. | Judiciary, Legal Profession & Procedure | Legal Research | Immigration

The High Court of Australia has overturned a judgment made by the Supreme Court of Nauru, finding that the Refugee Status Review Tribunal (“the Tribunal”) had failed to accord a Nepalese refugee applicant procedural fairness by not putting him on notice that it intended to use information about the composition of the Nepalese army in determining his application.  In a joint judgment, Justices Bell, Keane and Nettle allowed the appeal, and ordered that the matter be remitted to the Tribunal for determination.

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NSW Environment Protection Authority Releases Draft Regulation on Construction and Demolition Waste

Wednesday 15 November 2017 @ 11.44 a.m. | Legal Research

The NSW Environment Protection Authority (EPA) has released a draft regulation, the Protection of the Environment Operations Legislation Amendment (Waste) Regulation 2017 (NSW) ('the draft Regulation'), which pertains to the management, production and use of materials recovered from construction waste. The draft regulation seeks to ensure that waste is sorted appropriately, the quality of recovered materials is maintained and health and the environment are protected.

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Alternate Draft Bill for Marriage Equality and Religious Freedoms Released

Tuesday 14 November 2017 @ 11.43 a.m. | Legal Research

Liberal Senator James Paterson has released a draft bill, the Marriage Amendment (Definition and Protection of Freedoms) Bill 2017 (Cth) ('the draft Bill'), on 13 November 2017 on the topic of same-sex marriage legalisation and freedom of religion. The Bill is being presented as an alternative to Liberal Party Senator Dean Smith’s draft Bill, Marriage Amendment (Definitions and Religious Freedoms) Bill 2017 (Cth).

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New Queensland Child Protection Legislation Receives Assent

Tuesday 14 November 2017 @ 10.58 a.m. | Legal Research

The Child Protection Reform Amendment Bill 2017 (the Bill) which was initially introduced into the Queensland House of Assembly on 9 August 2017, by the Hon Shannon Fentiman MP (Member for Waterford), has now received Assent [enacted as the Child Protection Reform Amendment Act 2017, Act No 44 of 2017] with the Act commencing on 10 November 2017.

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