Category Archives: Legislation

Passenger Transport Act 2014 (NSW)

ON 10 SEPTEMBER 2014, the NSW Parliament passed the Passenger Transport Bill 2014.

The Passenger Transport Act 2014 (NSW) will replace the Passenger Transport Act 1990 (NSW) and the Air Transport Act 1964 (NSW).

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Mental Health (Forensic Provisions) Act 1990 (NSW) | 3 September 1990

ON 3 SEPTEMBER 1990, the NSW Mental Health (Forensic Procedures) Act 1990 (formerly known as the Mental Health (Criminal Procedure) Act 1990) commenced.

http://www.austlii.edu.au/au/legis/nsw/consol_act/mhpa1990355

The significant provisions are found in Part 3, specifically s32.

MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 – SECT 32
Persons suffering from mental illness or condition
32 Persons suffering from mental illness or condition

(1) If, at the commencement or at any time during the course of the hearing of proceedings before a Magistrate, it appears to the Magistrate:
(a) that the defendant is (or was at the time of the alleged commission of the offence to which the proceedings relate):
(i) developmentally disabled, or

(ii) suffering from mental illness, or

(iii) suffering from a mental condition for which treatment is available in a mental health facility,
but is not a mentally ill person, and
(b) that, on an outline of the facts alleged in the proceedings or such other evidence as the Magistrate may consider relevant, it would be more appropriate to deal with the defendant in accordance with the provisions of this Part than otherwise in accordance with law,
the Magistrate may take the action set out in subsection (2) or (3).
(2) The Magistrate may do any one or more of the following:
(a) adjourn the proceedings,

(b) grant the defendant bail in accordance with the Bail Act 2013 ,

(c) make any other order that the Magistrate considers appropriate.

(3) The Magistrate may make an order dismissing the charge and discharge the defendant:
(a) into the care of a responsible person, unconditionally or subject to conditions, or

(b) on the condition that the defendant attend on a person or at a place specified by the Magistrate for assessment of the defendant’s mental condition or treatment or both, or

(c) unconditionally.

(3A) If a Magistrate suspects that a defendant subject to an order under subsection (3) may have failed to comply with a condition under that subsection, the Magistrate may, within 6 months of the order being made, call on the defendant to appear before the Magistrate.

(3B) If the defendant fails to appear, the Magistrate may:
(a) issue a warrant for the defendant’s arrest, or

(b) authorise an authorised officer within the meaning of the Criminal Procedure Act 1986 to issue a warrant for the defendant’s arrest.

(3C) If, however, at the time the Magistrate proposes to call on a defendant referred to in subsection (3A) to appear before the Magistrate, the Magistrate is satisfied that the location of the defendant is unknown, the Magistrate may immediately:
(a) issue a warrant for the defendant’s arrest, or

(b) authorise an authorised officer within the meaning of the Criminal Procedure Act 1986 to issue a warrant for the defendant’s arrest.

(3D) If a Magistrate discharges a defendant subject to a condition under subsection (3), and the defendant fails to comply with the condition within 6 months of the discharge, the Magistrate may deal with the charge as if the defendant had not been discharged.

(4) A decision under this section to dismiss charges against a defendant does not constitute a finding that the charges against the defendant are proven or otherwise.

(4A) A Magistrate is to state the reasons for making a decision as to whether or not a defendant should be dealt with under subsection (2) or (3).

(4B) A failure to comply with subsection (4A) does not invalidate any decision of a Magistrate under this section.

(5) The regulations may prescribe the form of an order under this section.

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Slavery Abolition Act 1833 (UK) | 28 August 1833

ON 28 AUGUST 1833, the UK Parliament passed the Slavery Abolition Act 1833.

http://www.legislation.gov.uk/ukpga/Will4/3-4/73/contents

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Lord Campbell’s Act (UK) | 26 August 1846

ON 26 AUGUST 1846, the UK Parliament passed the Fatal Accidents Act 1846, also known as Lord Campbell’s Act.

Close relatives of a person killed by the wrongdoing of another were entitled by this Act to recover damages that the common law did not previously allow. The provision has been legislated in common law jurisdictions around the world. The Compensation to Relatives Act 1897 (NSW) introduced similar provisions in New South Wales.

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Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125 | 21 August 1992

ON 21 AUGUST 1992, the NSW Court of Appeal delivered Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125.

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Cruelty to Animals Act 1876 (UK)| 15 August 1876

ON 15 AUGUST 1876, the UK Parliament enacted the Cruelty to Animals Act 1876.

The Act amended the Cruelty to Animals Act 1849, extending it to animal experiments by licensing and regulating scientific animal experiments and prohibiting such experiments that are painful.

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Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue (Vic) [2001] HCA 49 | 9 August 2001

ON 9 AUGUST 2001, the High Court of Australia delivered Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue (Vic) [2001] HCA 49; 207 CLR 72; 181 ALR 307; 75 ALJR 1342 (9 August 2001).

http://www.austlii.edu.au/au/cases/cth/HCA/1998/68.html

A provision conferring jurisdiction on a court is to be liberally construed (at [11]).

Statutory interpretation should begin with consideration of the text of the legislation. Judicial exposition should not be favoured over analysis of the legislation itself (at [9], [46]-[51]).

A judge has an obligation to state his or her reasons (at [32]-[33]).

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Al-Kateb v Godwin [2004] HCA 37 | 6 August 2004

ON 6 AUGUST 2004, the High Court of Australia delivered Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562; 208 ALR 124; 78 ALJR 1099 (6 August 2004).

http://www.austlii.edu.au/au/cases/cth/HCA/2004/37.html

The High Court held that the provisions under the Migration Act 1958 (Cth) requiring the continued detention of non-citizens for an indefinite period are not prohibited by the Constitution because the purpose of the legislation is the eventual removal of those persons.

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Sex Discrimination Act 1984 (Cth) | 1 August 1984

ON 1 AUGUST 1984, the Commonwealth Sex Discrimination Act 1984 commenced.

http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/

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Smoke-free Environment Amendment Act 2004 (NSW) | 2 July 2007

ON 2 JULY 2007, smoking was banned in all enclosed areas of bars through the commencement of the Smoke-free Environment Amendment Act 2004, which amended the Smoke-free Environment Act 2000.

http://www.austlii.edu.au/au/legis/nsw/num_act/seaa2004n110354.pdf

http://www.austlii.edu.au/au/legis/nsw/consol_act/sea2000247/

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