Review of NSW Terrorism Laws Recommends Legal Safeguards

Monday 16 July 2018 @ 10.45 a.m. | Crime | Legal Research

On 7 June 2018, a Department of Justice Review into the Terrorism (Police Powers) Act 2002 (NSW) (‘the Act’) was released. The review found that targeted powers to combat terrorism should continue to remain in place. However the review indicated that new safeguards to ensure legal protections for detainees would be added later in the year.

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New Anti-Slavery Bill Introduced to Federal Parliament

Friday 13 July 2018 @ 10.49 a.m. | Legal Research | Trade & Commerce

On 28 June 2018, the Modern Slavery Bill 2018 (the “Bill”) was introduced to the House of Representatives by the Hon Alex Hawke MP (Assistant Minister for Home Affairs), where on the same day, it was referred to the Senate Legal and Constitutional Affairs Legislation Committee ("the Committee"). The Committee is due to report by 24 August 2018.

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Victoria Releases Response to the Royal Commission into Institutional Child Sexual Abuse

Thursday 12 July 2018 @ 1.42 p.m. | Crime | Legal Research

The Royal Commission into Institutional Responses to Child Sexual Abuse was first announced by then Prime Minister, Julia Gillard, on 12 November 2012. Six Commissioners were then appointed by the Commonwealth Governor General on 11 January 2013 to oversee the investigations and reporting. The final report was produced and submitted on 15 December 2017.

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Serious Overseas Criminal Matters Scheme: Name Changed and Criteria Tightened

Wednesday 11 July 2018 @ 2.10 p.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

In a recent media release (dated 2 July 2018), the Commonwealth Attorney-General, Christian Porter announced that the Government would be limiting access to legal assistance under the Serious Overseas Criminal Matters Scheme ("the Scheme") so that the scheme would only apply to ". . . those Australians overseas facing the death penalty". Additionally, the AG announced that stricter criteria for the Scheme would be introduced. These changes apply from 2 July 2018.

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Western Australia Introduces Intimate Images Legislation

Monday 9 July 2018 @ 12.43 p.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

On 28 June 2018, the WA Attorney General, Mr Mr J.R. Quigley, introduced into the WA Parliament the Criminal Law Amendment (Intimate Images) Bill 2018 . According to the Attorney-General, the Bill implements the government’s pre-election commitment to criminalise the non-consensual distribution of intimate images, a form of image based sexual abuse. The conduct criminalised is sometimes more generally referred to as “revenge porn”, a term that may be regarded as a misnomer, as the non-consensual distribution of intimate images is a degrading and dehumanising practice that violates personal privacy and dignity and is considered a form of abuse.

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New Laws to Combat Outlaw Motorcycle Gangs Introduced to Tasmanian Parliament

Friday 6 July 2018 @ 10.13 a.m. | Crime | Legal Research

The Police Offences Amendment (Prohibited Insignia) Bill 2018 (Bill No 21 of 2018) ("the Bill") was introduced to Tasmania’s House of Assembly by the Hon Michael Ferguson MP on 21 June 2016. The Bill is currently before the House of Assembly where it is awaiting further discussion.

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Safe Harbour Provisions Expanded Under New Commonwealth Act

Thursday 5 July 2018 @ 11.48 a.m. | IP & Media | Legal Research

The Copyright Amendment (Service Providers) Act 2018 (Cth) (‘the Act’) was assented to on 29 June 2018. This Act is for the purpose of extending the operation of the safe harbour scheme related to copyright. The Act is due to commence on 29 Dec 2018.

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Federal Laws for Military Call-Outs in Terrorist and Other Violent Situations

Thursday 28 June 2018 @ 4.29 p.m. | Legal Research

On 28 June 2018, the Federal Government introduced the Defence Amendment (Call Out of the Australian Defence Force) Bill 2018 (CTH) (‘the Bill’). This Bill proposes to lower the threshold at which the Australian Defence Force (ADF) can be called out in response to terrorism and domestic violence incidents such as rioting.

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LG Electronics Found to Have Made Misleading Representations

Thursday 28 June 2018 @ 2.26 p.m. | Legal Research | Trade & Commerce

On 27 June 2018, the Full Federal Court partially upheld an appeal by the Australian Competition and Consumer Commission ('the ACCC') in the case of ACCC v  LG Electronics Australia Pty Ltd [2018] FCAFC 96. The Full Court found that LG Electronics Pty Ltd (‘LG’) made certain representations related to rights available to consumers that were misleading and false.

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Controlled Substances Youth Treatment Orders Legislation Introduced in SA

Thursday 28 June 2018 @ 1.18 p.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

On Thursday 21 June 2018 the South Australia Government introduced the Controlled Substances (Youth Treatment Orders) Amendment Bill 2018 (SA ) ("the Bill") to provide the option of mandatory treatment for children and young people experiencing drug dependency which can have a devastating impact on young people, their futures and their families, and can have negative impacts on the broader community. In a media release the Attorney-General's Department stated:

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