Western Australia Introduces Intimate Images Legislation
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.
New Laws to Combat Outlaw Motorcycle Gangs Introduced to Tasmanian Parliament
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.
Safe Harbour Provisions Expanded Under New Commonwealth Act
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.
Federal Laws for Military Call-Outs in Terrorist and Other Violent Situations
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.
LG Electronics Found to Have Made Misleading Representations
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.
Controlled Substances Youth Treatment Orders Legislation Introduced in SA
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:
High Court Allows Appeal On Jury Direction: Lane v R [2018] HCA 28
In Paul Ian Lane v The Queen [2018] HCA 28 (20 June 2018) the High Court of Australia has, in a unanimous decision, allowed an appeal from the Court of Criminal Appeal of the Supreme Court of New South Wales (see Lane v R [2017] NSWCCA 46 (22 March 2017)).
High Court Decision on Persistent Sexual Exploitation Offence: DL v The Queen [2018]
HCA 26
In DL v The Queen [2018] HCA 26 (20 June 2018) the majority of the High Court of Australia has dismissed an appeal from the Full Court of the Supreme Court of South Australia, sitting as the Court of Criminal Appeal (see R v D, L [2015] SASCFC 24 (10 March 2015)), finding that the trial judge's reasons for convicting the appellant had not been inadequate.
Application of Parole Laws in the High Court: Minogue v State of Victoria [2018] HCA
27
In Craig William John Minogue v State of Victoria [2018] HCA 27 (20 June 2018) the High Court has held, in answer to questions stated in a special case, that the Corrections Act 1986 (Vic) ("the Act") section 74AAA dealing with conditions for the making of a parole order for a prisoner who murdered a police officer, does not, on its proper construction, apply to Craig Minogue ("the plaintiff") .
Greens Bill to Remove GST on Sanitary Products Passes Senate
The Treasury Laws Amendment (Axe the Tampon Tax) Bill 2018 (CTH) (‘the Bill’) passed the Commonwealth Senate on 18 June 2018. The Bill is for the purpose of removing the goods and services tax (GST) from sanitary products. The Bill is now due to be debated in the House of Representatives.
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