In the media
IBAC's Operation Sandon public hearings will
continue in 2020
IBAC's public hearings into allegations of serious
corrupt conduct concerning the transparency and integrity of
planning and property development decision making, including
donations to candidates in local and state government elections,
will continue in early 2020 (06 December 2019).
More...
Free and equal: An Australian conversation on human
rights inquiry
The Law Council has prepared a submission to the
Australian Human Rights Commission's (the
AHRC's) Free and equal: An Australian
conversation on human rights inquiry. In addition to a human rights
act, the submission sets out a number of mechanisms to promote and
uphold human rights in Australia (05 December 2019).
More...
LCA: Parliament should reject flawed family court merger
Bill
Legislation merging the specialist Family Court into a
single generalist court will not alleviate the fundamental problems
plaguing the family law system, including the risk of victims of
family violence falling through the cracks (05 December 2019).
More...
Court reforms to deliver better outcomes for
families
Fixing the broken structure of the family court system and
helping families achieve faster and lower cost resolutions are the
key aims of legislation to be introduced into Federal Parliament
today (05 December 2019).
More...
Overhaul of APS sees cuts to Govt Departments
In a major overhaul of the Australian Public Service, the
prime minister has announced that federal government departments
will be reduced from 18 to 14 and five secretaries sacked. From
February 1 2020, four new departments will be created and Services
Australia will become an executive agency (05 December 2019).
More...
Downgrading of Australia's open democracy status a
stark reminder of the need to create an Australian Charter of Human
Rights and Freedoms
Australia's status as an open democracy has been
downgraded in a blunt assessment by a global alliance of human
rights organisations (05 December 2019).
More...
Rugby Australia and Israel Folau settle legal dispute
with mutual apologies
Rugby Australia apologises to Israel Folau as part of a
confidential settlement reached over his sacking, avoiding a
protracted court hearing after the former Wallaby sued for wrongful
dismissal (04 December 2019).
More...
Massive compensation case over faulty airbags suffers
High Court setback
The financing company backing what is expected to be the
largest class action in Australian history suffers a major blow,
after the High Court ruled against a plan entitling it to 25 per
cent of eventual payouts (04 December 2019).
More...
New laws will keep terrorists behind bars longer
Terrorists and their supporters will find it significantly
harder to get bail or parole under new laws passed by Federal
Parliament (04 December 2019).
More...
ACCC releases Customer loyalty schemes final
report
The ACCC has released its final report on Customer loyalty
schemes.It calls for legislative reforms to protect consumers,
including in relation to data practices and privacy. (03 December
2019).
More...
New taskforce to target foreign interference
A new multi-Agency taskforce is to be established to
target foreign interference in Australian activities and interests
(02 December 2019.
More...
ALRC: Report launch – The future of law
Reform
The Australian Law Reform Commission
(ALRC) is releasing a report suggesting an
ambitious agenda for law reform over the next five years (02
December 2019).
More...
New PS engagement tools put to work
The Department said the new APS Framework for Engagement
and Participation would include guidance on engagement principles
and standards for the APS and ways to open dialogue for
"deliberative engagement" (02 December 2019).
More...
New laws to help stamp out foreign bribery
offences
The Morrison Government is strengthening Australia's
foreign bribery laws to help crackdown on corporations and
employees that improperly influence foreign officials (28 November
2019).
More...
Telstra given formal warning over excess usage
notifications
The ACMA has issued Telstra with a formal warning for
failing to send data usage email notifications to more than 150,000
mobile broadband customers, leading to people having to pay
unexpected excess usage charges (27 November 2019).
More...
ACMA recommends immediate action to combat scams
The ACMA has today released its Combating Scams report
which recommends new enforceable obligations on telcos and the
immediate commencement of trials for a number of scam reduction
initiatives (27 November 2019).
More...
North Brisbane man fined $20,000 for eBay alcohol
sales
Executive Director for the Office of Liquor and Gaming
Regulation (OLGR) Mike Sarquis, said the outcome
highlights that there is zero tolerance for the illegal sale or
supply of alcohol. These laws are in place to ensure a fair
approach to the sale and supply of liquor in Queensland and
minimise the risk of alcohol-related harm (28 November 2019).
More...
Landmark reforms seek justice for child sex abuse
victims
Attorney-General and Minister for Justice said the reforms
seek to implement key recommendations from the Royal Commission
into Institutional Responses to Child Sexual Abuse. The Criminal
Code (Child Sexual Offences Reform) and Other Legislation Amendment
Bill 2019, introduced in State Parliament, also
criminalises the possession, supply and production of child abuse
objects (27 November 2019).
More...
QLS welcomes new law to stop insidious practice of
claims farming
Queensland's peak legal body has welcomed the passing
of laws designed to stamp out the predatory practice of
"claims farming'' by unscrupulous operators trawling
for personal injury claims. It is pleasing to see the Queensland
Parliament taking action early to ensure our Queensland injury
compensation schemes remain fair and affordable (26 November 2019).
More...
School guide to target explicit image abuse
The eSafety Commissioner, in collaboration with the
Australian Federal Police-led Australian Centre to Counter Child
Exploitation (ACCCE) and the ThinkUKnow program,
has developed a guide to help schools manage incidents involving
explicit materials (25 November 2019).
More...
In practice and courts
Federal Court of Australia—new Defamation Practice
Note
The Federal Court of Australia has issued a new Defamation
Practice Note (DEF-1), taking effect from 12 November 2019. More
information is available
here. The Court welcomes views in respect of the Defamation
Practice Note. Feedback should be provided by email addressed to
Rupert Burns, the National Co-ordinating Registrar for the
Defamation Sub area at practice.notes@fedcourt.gov.au.
Feedback should include a short summary of the key issues to be
brought to the Court's attention and relevant contact
details.
Current Consultations – 06 December 2019
Finance and Public Administration Legislation
Committee
National
Integrity (Parliamentary Standards) Bill 2019
Public
Governance, Performance and Accountability Amendment (Tax
Transparency in Procurement and Grants) Bill 2019
Australia's
declarations made under certain international laws
Legal and Constitutional Affairs Legislation
Committee
Family
Law Amendment (Western Australia De Facto Superannuation Splitting
and Bankruptcy) Bill 2019 [Provisions]
Federal
Circuit and Family Court of Australia Bill 2019 [Provisions] and
Federal Circuit and Family Court of Australia (Consequential
Amendments and Transitional Provisions) Bill 2019
[Provisions]
Crimes
Legislation Amendment (Combatting Corporate Crime) Bill
2019
Transport
Security Amendment (Testing and Training) Bill 2019
Transport
Security Amendment (Serious Crime) Bill 2019 [Provisions]
Community Affairs Legislation Committee
Australian
Sports Anti-Doping Authority Amendment (Sport Integrity Australia)
Bill 2019
ANAO Performance audit in-progress: Defence's
management of its public communications and media activities
Due to table: December 2019: The objective of this audit
is to assess the effectiveness and appropriateness of the
Department of Defence's (Defence's) management of its
public communications and media activities.
More...
LSC: New Australian Legal Register will Safeguard
Consumers
The Legal Services Council (LSC)
announces the launch of a new Register that consumers can use to
easily check the details of legal practitioners in NSW and
Victoria. The Australian Legal Profession Register is now available
via the Legal Services Council website. To search the Australian
Legal Profession Register here
(06 December 2019).
LSC: Public Submissions invited: Review of MIS
Consultation Paper UGR 91A-91D
The LSC is inviting submissions on the Draft Consultation
Paper for the Review of Managed Investment Schemes Uniform General
Rules 91A-91D. This information is now available
here. Submissions are open until Friday 31 January 2020 (06
December 2019).
Queensland
QAO Reports
Report 8: 2019–20: Queensland state government
entities: 2018–19 results of financial audits
Tabled date: 27 November 2019.
More...
Department of Justice Consultations
Review of
model defamation provisions
Consultation expiry: 24 January 2020 – feedback is required
as part of a national review on draft amendments to the Model
Defamation Provisions. The accompanying background paper explains
the policy rationale for the proposed amendments and confirms the
position of the Council of Attorneys-General on each question
raised in the discussion paper that was released in February 2019.
Send all submissions to the NSW Department of Communities and
Justice. More...
Queensland Parliament: Current inquiries
Electoral and Other Legislation (Accountability, Integrity and
Other Matters) Amendment Bill 2019 and Inquiry into the feasibility
of introducing expenditure caps for Queensland local government
elections
Economics and Governance Committee Submissions close on 09 February
2020. Report due 07 February 2020
OIC QLD: operational provisions of the Human Rights Act
2019 (Qld) commence 1 January 2020
From that date, subject to some exceptions, it will be
unlawful for a public entity to make a decision in a way not
compatible with human rights, or to make a decision that fails to
give proper consideration to relevant human rights. In anticipation
of the final provisions of the HR Act commencing, the Office of the
Information Commissioner has prepared two guidelines:
Access and Amendment Applications and the Human Rights Act, and
Privacy Principle Compliance and the Human Rights Act, to
assist agency officers working.
OIC QLD: Privacy Authorities Australia working together
and PAW2020
Following the PAA October meeting, Privacy Awareness Week
(PAW) will be held across Australia between 4 to 10 May 2020. In
Queensland, the theme for PAW2020 is Be smart about privacy (06
December 2019).
More...
OIC QLD: Compliance audit report – Bundaberg
Regional Council
On 27 November 2019, the Chair of the Legal Affairs and
Community Safety parliamentary committee tabled our report of
Bundaberg Regional Council's compliance with the Right to
Information Act 2009 (Qld) and the Information Privacy Act 2009
(Qld).
More...
OIC QLD: Follow-up audit report – Townsville City
Council
On 26 November 2019, the Chair of the Legal Affairs and
Community Safety parliamentary committee tabled our report into
Townsville City Council's progress in implementing the 24
recommendations of our 2017-18 compliance audit.
More...
Queensland Sentencing Advisory Council :
Queensland's Specialist Courts on show in new video
series
The Queensland Sentencing Advisory Council has released a
new video series focused on informing Queenslanders about the
specialist courts. The Queensland Sentencing Advisory Council will
release a number of videos in the next six months in the Doing
Justice Differently series.*It costs about $107,000 to accommodate
a prisoner for a year (02 December 2019).
More...
Practice Direction No. 8 of 2017 (amended) Magistrates
Court of Queensland
Please find attached the following Practice Direction from
the Magistrates Court of Queensland, amended 04 December 2019. More...
Practice Directions
Use of video-link or audio-link appearances
Children's Court of Queensland, 1 of 2019 - QSC 02 December
Update on Claim Farming Legislative Reforms
On Tuesday 26 November 2019, the Motor Accident Insurance
and Other Legislation Amendment Bill 2019 was passed by Queensland
Parliament. These reforms will introduce some new requirements for
insurers, lawyers, medical practitioners and claimants. On the date
of assent, claimants must comply with the new rules for lodging CTP
insurance claims in Queensland including the use of new forms To
learn more about what these changes may mean for you, please visit
the Motor Accident Insurance Commission website.
Requests for comment: Queensland Law Reform Commission:
Consent and mistake of fact review
Terms of Reference
here. The Commission is to provide a report on the outcomes of
the review to the Attorney-General and Minister for Justice by 17
April 2020.
Cases
BMW Australia Ltd v Brewster; Westpac Banking Corporation v
Lenthall [2019] HCA
45
Appeal allowed. Practice and procedure –
Representative action – Orders – Where s 33ZF of
Federal Court of Australia Act 1976 (Cth) and s 183 of Civil
Procedure Act 2005 (NSW) provide that in representative proceeding
court may make any order court thinks appropriate or necessary to
ensure justice is done in proceeding – Where representative
proceedings commenced in Federal Court of Australia and Supreme
Court of New South Wales – Where proceedings funded by
litigation funders – Where litigation funders entered into
litigation funding agreements with small number of group members
– Where representative parties in each proceeding applied for
common fund order – Whether s 33ZF of Federal Court of
Australia Act and s 183 of Civil Procedure Act empower Federal
Court of Australia and Supreme Court of New South Wales to make
common fund order.
Words and phrases – "access to justice",
"appropriate or necessary to ensure that justice is done in
the proceeding", "award of damages", "book
building", "common fund", "common fund
order", "distribution of moneys recovered",
"equitable sharing of costs", "fair and reasonable
to all group members", "free riding", "funding
commission", "funding equalisation order",
"interests of justice", "litigation funding",
"representative proceeding", "risk",
"unfunded group members".
Civil Procedure Act 2005 (NSW), Pt 10, ss 157, 162, 165, 166, 172,
173, 175, 177, 178, 179, 183, 184.
Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33C, 33J,
33M, 33N, 33U, 33V, 33X, 33Z, 33ZA, 33ZB, 33ZF, 33ZJ.; Judiciary
Act 1903 (Cth), s 79.
Bosanac v Commissioner of Taxation [2019] HCA
41
Income tax (Cth) – Appeal against objection decision
– Where Commissioner of Taxation ("Commissioner")
issued amended assessments of taxable income following commencement
of audit –
Administrative law – Judicial review – Jurisdictional
error – Where primary judge determined appeal against
Objection Decision under Pt IVC of Act – Where Full Court of
Federal Court of Australia determined appeal against decision of
primary judge – Where taxpayer sought writs of certiorari in
respect of decisions of primary judge and Full Court –
Whether primary judge and Full Court each misconstrued jurisdiction
– Whether primary judge and Full Court committed
jurisdictional error – Whether taxpayer's application for
judicial review, after expiration of time in which to seek special
leave to appeal, sufficient basis to dismiss application.
Words and phrases – "amended assessment",
"disallowance of objection", "excessive
assessment", "falsa demonstratio non nocet",
"grounds of objection", "jurisdictional error",
"misconceive jurisdiction", "non-jurisdictional
error", "objection decision", "objection to
assessment", "refusal of relief", "taxable
income", "taxation decision", "taxation
objection", "taxpayer's burden of proof",
"wide survey and exact scrutiny".
Taxation Administration Act 1953 (Cth), Pt IVC.
Income Tax Assessment Act 1936 (Cth), ss 166, 167.
Kazakhstan Potash Corporation Limited and Australian
Securities and Investments Commission (Freedom of
information) [2019] AATA
5035
FREEDOM OF INFORMATION – whether document is
conditionally exempt under s 47G(1)(a) of the Freedom of
Information Act 1982 – whether disclosure would unreasonably
affect lawful business, commercial or financial affairs –
disclosure not unreasonable – public interest not considered
– document not conditionally exempt –decision
affirmed
Freedom of Information Act 1982 s 47G(1)(a); Corporations Act 2001
Part 6D
Baker and Australian Securities and Investments Commission
(Freedom of information) [2019] AATA
4898
FREEDOM OF INFORMATION – request for access to
documents – legal professional privilege – conditional
exceptions claimed – public interest – decision
affirmed. Freedom of Information Act 1982 (Cth)
The Respondent had received a number of complaints from investors
in the scheme and commenced an investigation.
Clark v Minister for the Environment (No 2)
[2019] FCA 2028
ADMINISTRATIVE LAW – proceedings for judicial review
of a refusal by the Minister for the Environment to make
declarations under ss 10 and 12 of the Aboriginal and Torres Strait
Islander Heritage Protection Act 1984 (Cth) in respect of an area
and in respect of objects – whether, where the Court sets
aside the decision of the Minister, the Court has power to issue an
injunction to restrain a third party from taking any actions that
would have the effect of causing injury to or desecration of the
area or objects until the Minister makes a further decision
according to law
ABORIGINAL HERITAGE – proceedings for judicial review of a
refusal by the Minister for the Environment to make declarations
under ss 10 and 12 of the Aboriginal and Torres Strait Islander
Heritage Protection Act 1984 (Cth) in respect of an area and in
respect of objects – whether, where the Court sets aside the
decision of the Minister, the Court has power to issue an
injunction to restrain a third party from taking any actions that
would have the effect of causing injury to or desecration of the
area or objects until the Minister makes a further decision
according to law. Administrative Decisions (Judicial Review) Act
1977 (Cth) s 16
Clark v Minister for the Environment
[2019] FCA 2027
ABORIGINAL HERITAGE – application under Aboriginal
and Torres Strait Islander Heritage Protection Act 1984 (Cth) to
Commonwealth Minister for declarations seeking the preservation or
protection of a specified area from injury or desecration and for
the preservation or protection of specified objects from injury or
desecration – refusal of applications – application
under Administrative Decisions (Judicial Review) Act 1977 (Cth) for
judicial review of the Commonwealth Minister's decision –
whether error of law – whether no evidence or other material
to justify the making of the decision – whether the making of
the decision was an improper exercise of the power – whether
decision Wednesbury unreasonable – whether failure to consult
with the appropriate Minister of the State of Victoria –
whether breach of the rules of natural justice
ADMINISTRATIVE LAW – aboriginal heritage – applications
under Aboriginal and Torres Strait Islander Heritage Protection Act
1984 (Cth) to Commonwealth Minister for declarations seeking the
preservation or protection of a specified area from injury or
desecration and for the preservation or protection of specified
objects from injury or desecration – refusal of applications
– application under Administrative Decisions (Judicial
Review) Act 1977 (Cth) for judicial review of the Commonwealth
Minister's decision – whether error of law –
whether no evidence or other material to justify the making of the
decision – whether the making of the decision was an improper
exercise of the power – whether decision Wednesbury
unreasonable – whether failure to consult with the
appropriate Minister of the State of Victoria – whether
breach of the rules of natural justice. The applicants'
application dated 17 June 2018 be referred to the respondent for
further consideration according to law. Administrative Decisions
(Judicial Review) Act 1977 (Cth) s 5, Aboriginal Heritage Act 2006
(Vic)
Prodata Solutions Pty Ltd v South Australian Fire and
Emergency Services Commission (No 2) [2019]
FCA 2051
PRACTICE AND PROCEDURE – Rule 30.01 Federal Court
Rules 2011 (Cth) – application for particular questions
arising in proceeding to be heard separately – allegations of
copyright infringement and breach of equitable obligation of
confidence – possible application of s 183 of the Copyright
Act 1968 (Cth) justifying separation of remedies under s 115 of the
Copyright Act and at general law from other issues –
undesirability of fragmenting proceedings to enable the Copyright
Tribunal to determine the limits of its jurisdiction in respect of
the same subject matter
Bosanac v Commissioner of Taxation [2019] HCA
41
Income tax (Cth) – Appeal against objection decision
– Where Commissioner of Taxation ("Commissioner")
issued amended assessments of taxable income following commencement
of audit – Where taxpayer objected to amended assessments
– Where objection decision made in respect of taxpayer's
objection ("Objection Decision") – Where further
amended assessments made consequent upon Objection Decision –
Where taxpayer appealed against Objection Decision under Pt IVC of
Taxation Administration Act 1953 (Cth) ("Act") but not
against further amended assessments – Where Commissioner
conceded certain amounts incorrectly assessed as income
("Conceded Amounts") – Whether appeal under Pt IVC
of Act was against Objection Decision or against further amendment
assessments – Whether Commissioner's assessment excessive
to extent of Conceded Amounts.
Administrative law – Judicial review – Jurisdictional
error – Where primary judge determined appeal against
Objection Decision under Pt IVC of Act – Where Full Court of
Federal Court of Australia determined appeal against decision of
primary judge – Where taxpayer sought writs of certiorari in
respect of decisions of primary judge and Full Court –
Whether primary judge and Full Court each misconstrued jurisdiction
– Whether primary judge and Full Court committed
jurisdictional error – Whether taxpayer's application for
judicial review, after expiration of time in which to seek special
leave to appeal, sufficient basis to dismiss application.
Words and phrases – "amended assessment",
"disallowance of objection", "excessive
assessment", "falsa demonstratio non nocet",
"grounds of objection", "jurisdictional error",
"misconceive jurisdiction", "non-jurisdictional
error", "objection decision", "objection to
assessment", "refusal of relief", "taxable
income", "taxation decision", "taxation
objection", "taxpayer's burden of proof",
"wide survey and exact scrutiny".
Taxation Administration Act 1953 (Cth), Pt IVC.
Income Tax Assessment Act 1936 (Cth), ss 166, 167.
Davis
v Ryan, State Coroner [2019] QCA
282
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND
– TIME FOR APPEAL – EXTENSION OF TIME – WHEN
GRANTED – where the application for leave to appeal was filed
out of time – where the decision the subject of the
application was forwarded to the applicant at the wrong email
address – where the applicant acted promptly to file his
application once he received the judgment – whether an
extension of time should be granted for the application for leave
to appeal
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE
DECISIONS AND CONDUCT – DISCRETION NOT TO ENTERTAIN
APPLICATION – GENERALLY – where the applicant applied
to the District Court for an order to hold an inquest into the
death of his late wife – where the District Court judge was
not satisfied under s 30(8) of the Coroners Act 2003 that holding
an inquest would be in the public interest, and dismissed the
application – where the applicant sought leave to appeal from
the District Court judge's decision – whether leave is
necessary in order to correct a substantial injustice –
whether there is a reasonable argument that the District Court
judge committed House v The King error in forming the discretionary
judgment that he was not satisfied that holding an inquest was in
the public interest – whether the District Court judge
misconstrued the term "public interest" in s 30(8)
– whether the District Court judge took into account
irrelevant considerations by having regard to the State
Coroner's views as to the utility of an inquest and the
availability of resources, and to opinion evidence from doctors
– whether the District Court judge failed to have regard to a
relevant consideration as to an alleged widespread dangerous
prescribing practice or simply did not make the finding of fact the
applicant sought
Civil Liability Act 2003 Qld s 21, s 22; Coroners Act 2003 Qld s 3,
s 8, 11(2), s 27, s 28, s 30, s 46; District Court of Queensland
Act 1967 Qld s 118(3) Davis v Ryan, State Coroner [2019] QCA
282
Flori
v Winter & Ors [2019] QCA
281
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION
– GENERAL APPROACHES TO INTERPRETATION – PURPOSIVE
APPROACH – PARTICULAR CASES – where the appellant
commenced proceedings alleging reprisals regarding a letter he
wrote to the Crime and Misconduct Commission, which he contended
was a public interest disclosure under s 15 Whistleblowers
Protection Act 1994 – where the question of whether the
letter was capable of being a public interest disclosure was
separately determined by reference to whether it disclosed
"conduct" that was "official misconduct" under
ss 14 and 15 Crime and Misconduct Act 2001 – where the
appellant contends the primary judge erred by answering that
question without regard to whether the appellant held, or could
have held, an honest belief on reasonable grounds that he had
information which tended to show official misconduct –
whether the proper construction of s 15 Whistleblowers Protection
Act required consideration of whether the appellant held, or could
have held, an honest belief on reasonable grounds that he had
information that tended to show official misconduct
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– SEPARATE DECISION OR QUESTION – APPEAL FROM DECISION
OR DETERMINATION ON SEPARATE QUESTION – where the appellant
commenced proceedings alleging reprisals regarding a letter he
wrote to the Crime and Misconduct Commission, which he contended
was a public interest disclosure under s 15 Whistleblowers
Protection Act 1994 – where the parties consented to
determination of a separate question as to whether the letter was
capable of being a public interest disclosure by reference to
whether it disclosed "conduct" which was "official
misconduct" under ss 14 and 15 Crime and Misconduct Act 2001
– where the primary judge held the letter did not disclose
"conduct" which was "official misconduct" under
those provisions – where the appellant contends the question
was inappropriate to answer because it did not account for his
honest belief on reasonable grounds that he had information that
tended to show official misconduct – whether the primary
judge erred in failing to answer the question as
"inappropriate to answer" – whether the primary
judge erred in dismissing the proceeding on the basis the letter
did not disclose "conduct" which was "official
misconduct" under ss 14 and 15 Crime and Misconduct Act
2001
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
GENERAL APPROACHES TO INTERPRETATION – OTHER CASES –
where the appellant commenced proceedings alleging reprisals
regarding a letter he wrote to the Crime and Misconduct Commission,
which he contended was a public interest disclosure under s 15
Whistleblowers Protection Act 1994 – where the parties
consented to determination of a separate question as to whether the
letter was capable of being a public interest disclosure by
reference to whether it disclosed "conduct" which was
"official misconduct" under ss 14 and 15 Crime and
Misconduct Act 2001 – where the primary judge held the letter
did not disclose "conduct" which was "official
misconduct" under those provisions – where the appellant
contends the primary judge erred in concluding the letter did not
disclose "conduct" under s 14 Crime and Misconduct Act
2001 – whether the letter disclosed conduct that could
constitute a breach of trust or misuse of material under s 14 Crime
and Misconduct Act 2001
Acts Interpretation Act 1954 Qld s 14A, s 14B; Crime and Misconduct
Act 2001 Qld s 14, s 15; Criminal Justice Act 1989 Qld s 2.23;
Public
Interest Disclosure Act 2010 Qld s 74; Whistleblowers Protection
Act 1994 Qld s 14, s 15
Flori v Winter & Ors [2019] QCA 281 (Appeal No 5689 of 2019)
Fraser JA and Buss AJA and Henry J 3 December
Legislation
Commonwealth
Regulation
Remuneration
Tribunal (Members of Parliament) Determination No. 2
2019
02/12/2019 - This instrument deals with the remuneration
of members of Parliament, the rates of travel allowance payable to
such members, and the allowances and expenses to be paid to former
members.
Telecommunications
(Interception and Access) Amendment (Form of Warrants No. 2)
Regulations 2019
02/12/2019 - These regulations amend the
Telecommunications (Interception and Access) Regulations 2017 to
clarify the matters to which an eligible Judge or nominated
Administrative Affairs Tribunal member must have regard under
paragraphs 46(2)(fa) and (g) and paragraphs 46A(2)(fa) and (g) of
the Telecommunications (Interception and Access) Act 1979 when
deciding whether to issue a warrant.
Bills
Productivity Commission Amendment (Addressing Inequality)
Bill 2017
Senate - 2nd reading debate 02/12/2019 - Amends
the Productivity Commission Act 1998 to: expand the functions of
the Productivity Commission to include the undertaking of research
on inequality and its effects on the Australian economy and
community; require the commission to have regard in the exercise of
its functions to the need to mitigate the negative effects of
inequality; and provide for reporting requirements.
Commonwealth
Electoral Amendment (Lowering the Donation Disclosure Threshold)
Bill 2019
HR 02/12/2019 - The Bill amends the Commonwealth Electoral
Act 1918 ("the Act") to lower the political donation
disclosure threshold from $13,800 to $1,000, and to remove ongoing
indexation of that disclosure threshold.
Crimes Legislation Amendment (Combatting Corporate Crime)
Bill 2019
Senate - 2nd reading 02/12/2019 - Amends: the Criminal
Code Act 1995 to: amend the offence of bribery of a foreign public
official to extend the definition of foreign public official to
include a candidate for office, remove the requirement that the
foreign official must be influenced in the exercise of the
official's duties, replace the requirement that a benefit and
business advantage must be 'not legitimately due' with the
concept of 'improperly influencing' a foreign public
official, and extend the offence to cover bribery to obtain a
personal advantage; and create a new offence of failure of a body
corporate to prevent foreign bribery by an associate; the Director
of Public Prosecutions Act 1983 to implement a Commonwealth
Deferred Prosecution Agreement scheme which will enable the
Commonwealth Director of Public Prosecutions to invite a person
that has engaged in serious corporate crime to negotiate an
agreement to comply with a range of specified conditions; and five
Acts to make consequential amendments.
Public
Governance, Performance and Accountability Amendment (Waiver of
Debt and Act of Grace Payments) Bill
2019
HR 02/12/2019 - The Public Governance, Performance and
Accountability Amendment (Waiver of Debt and Act of Grace Payments)
Bill 2019 is being introduced to increase transparency in
government operations.
Australian
Crime Commission Amendment (Special Operations and Special
Investigations) Bill 2019
Finally passed both Houses 05/12/2019 - The Australian
Crime Commission Amendment (Special Operations and Special
Investigations) Bill 2019 (the Bill) amends the Australian Crime
Commission Act 2002(the ACC Act) to confirm the validity of current
and former special ACC operations and special ACC investigations
determinations.
Commonwealth
Electoral Amendment (Transparency Measures—Lowering the
Disclosure Threshold) Bill 2019
HR 28/11/2019 - This Bill seeks to amend the Commonwealth
Electoral Act 1918 by lowering the disclosure threshold for
political donations from $13,800 (subject to indexation) to a fixed
$1,000.
Commonwealth
Electoral Amendment (Transparency Measures—Real Time
Disclosure) Bill 2019
HR 28/11/2019 - This Bill will require political parties
and their associated entities, candidates, and senate groups to
disclose donations or gifts received valued at or above the
disclosure threshold within seven days of receipt, using a real
time disclosure regime for political donations and gifts.
Interactive
Gambling Amendment (National Self-exclusion Register) Bill
2019
27/11/2019 - The Register will allow individuals to
exclude themselves from being provided interactive wagering
services by all licensed interactive wagering service providers in
Australia, and limit the amount of direct marketing to the
individual.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
