ON 12 DECEMBER 2003, the Parliament of the Commonwealth of Australia enacted the Spam Act 2003.
http://www.austlii.edu.au/au/legis/cth/consol_act/sa200366
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Category Archives: Legislation
Civil Liability Act 2002 (NSW)
ON 18 JUNE 2002, the NSW Civil Liability Act 2002 was enacted.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/
The substantive provisions commenced retrospectively on 20 March 2002. There have been successive amendments, notably those which commenced in December 2002 and 2004 and June 2006.
The Act modifies the Australian common law with respect to civil liability claims in New South Wales, except those set out in s3B.
The Act limits the circumstances in which people may recover damages for civil wrongs and the amount of damages and costs they recover.
The significant features of the Act include:
- Statement of principles for determining negligence.
- Modification of causation test.
- No duty to warn of obvious risk.
- No liability for materialisation of inherent risk.
- No liability for harm suffered from obvious risks of dangerous recreational activities.
- No duty of care for risk warning of dangerous recreational activity.
- Standard of care for professionals.
- Contributory negligence can defeat a claim.
- Fixing damages for economic and non-economic loss, including thresholds, discounts and maximum limits.
- Limiting interest.
- Restrictions for persons in custody.
- Restrictions for mental harm.
- Allocation of proportionate liability for concurrent wrongdoers.
- Limiting liability of public authorities.
- Restricting recovery for intoxicated persons.
- Exclusion of liability for persons acting in self defence, good Samaritans, food donors or volunteers.
- Apologies not to affect liability.
- Limiting damages for birth of a child.
- Exclusion of liability for trespass or nuisance by ordinary use of aircraft.
- Costs restrictions.
The Act does not apply to claims (or parts of claims) regarding:
- Intentional acts with the intent to cause injury or death or sexual assault or other sexual misconduct.
- Dust diseases.
- Tobacco.
- Motor Accidents and public transport accidents.
- Workers, Victims and Sporting Injuries compensation.
Sydney, Australia
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Civil Liability Act 2002 (NSW)
ON THIS DAY IN 2002, some parts of the Civil LIability Act 2002 (NSW) are taken to have commenced.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/
Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue (Vic) [2001] HCA 49
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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Environment Protection and Biodiversity Conservation Act 1999 (Cth)
ON 16 JULY 2000, the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 commenced.
http://www.austlii.edu.au/au/legis/cth/consol_act/epabca1999588/
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1999 | Two up first legally played in NSW
ON THIS DAY in 1999, two up was first legally played in NSW on ANZAC Day thanks to the Gambling (Two Up) Act 1998.
Project Blue Sky v ABA [1998] HCA 28
ON 28 APRIL 1998, the High Court of Australia delivered Project Blue Sky v ABA [1998] HCA 28; 194 CLR 355; 153 ALR 490; 72 ALJR 841 (28 April 1998).
“Statutes – Construction – Reconciliation of conflicting provisions – Intention of legislature – Presumption that provisions intended to achieve consistent goals – Leading and subordinate provisions – Grammatical meaning and legal meaning.
Statutes – Construction – Acts done in breach of a condition regulating a statutory power – Whether invalid – Mandatory and directory provisions – Purpose-based test.
Media law – Television – Regulation of programming – Australian Broadcasting Authority – Standard prescribing Australian content requirements – Whether inconsistent with legislative requirement that functions be performed consistently with Australia’s international obligations.
Media law – Television – Regulation of programming – Australian Broadcasting Authority – Power to make standards that “relate to … the Australian content of programs” – Whether restricted to standards conferring preferential treatment.
Trade law – Australia New Zealand Closer Economic Relations Trade Agreement.”
http://www.austlii.edu.au/au/cases/cth/HCA/1998/28.html
Statutory construction is to start with an examination of the provision to be construed. When determining the validity of an act done in breach of a statutory provision, the test is “to ask whether it was a purpose of the legislation that an act done in breach of the provision should be invalid”, rather than to “use the elusive distinction between mandatory and directive requirements”. The purpose is determined by consideration of “the language of the relevant provision and the scope and object of the whole statute.”
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Protection of the Environment Operations Act 1997 (NSW)
ON 19 DECEMBER 1997, the NSW Parliament enacted the Protection of the Environment Operations Act 1997.
The Act, which commenced on 1 July 1999, repealed and consolidated a number of the state’s environmental laws including:
- Clean Air Act 1961
- Clean Waters Act 1970
- Environmental Offences and Penalties Act 1989
- Noise Control Act 1975
- Pollution Control Act 1970
http://www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455
Sydney, Australia
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Euthanasia Laws Act 1997
ON THIS DAY in 1997 the Commonwealth parliament passed the Euthanasia Laws Act 1997 which overturned the Northern Territory legislation that legalised voluntary euthanasia for the terminally ill.
http://www.austlii.edu.au/au/legis/cth/num_act/ela1997161/
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Peter O’Grady
1996 | Megan’s Law
ON THIS DAY in 1996, US President Clinton signed legislation known as Megan’s Law, an Act “to amend the Violent Crime Control and Law Enforcement Act of 1994 to require the release of relevant information to protect the public from sexually violent offenders”.
Under the legislation, states are required to notify communities when a convicted sex offender moves into a neighbourhood.
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