Updates to The Laws of Australia
Administrative Law 2.1 “Administrative Law System”
Updated by Mark A Robinson SC, Senior Counsel, Macquarie St Chambers
The focus of this Subtitle is the theoretical bases underlying the administrative law system. This update refers to the Administrative Review Tribunal (ART) commencing on 14 October 2024, replacing the Commonwealth Administrative Appeals Tribunal, as well as the Administrative Review Tribunal Act 2024 (Cth).
Key Legislation: Administrative Review Tribunal Act 2024 (Cth).
Criminal Offences 10.7 “Revenue and Currency Offences”
Updated by Trevor Snape, Technical Editor and Contributing Author, Australian Tax Handbook
This Subtitle gives a brief introduction to revenue offences by focusing on criminal tax offences that make up one aspect of tax administration in Australia. This update discusses the penalty for a person convicted of committing an offence, such as making a false or misleading statement.
Key Cases: Gazal v Deputy Commissioner of Taxation [2024] NSWSC 1.
Key Legislation: Taxation Administration Act 1953 (Cth).
Intellectual Property 23.3 “Circuit Layouts”
Updated by Professor Andrew F Christie, Professor, Law School, University of Melbourne
This Subtitle describes the nature and extent of exclusive rights given by the Circuit Layouts Act 1989 (Cth) in respect of certain layouts for integrated circuits. This update features discussion of the criteria for the operation of s 24(2), in relation to acts constituting infringement of copyright, as well as the infringement of EL (eligible layout) rights.
Key Legislation: Circuit Layouts Act 1989 (Cth).
Torts 33.6 “Strict Liability”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia
This Subtitle examines the principles governing strict liability. This update discusses vicarious liability, in relation to organisational child abuse.
Key Cases: Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165; 96 ALJR 89; [2022] HCA 1; CCIG Investments Pty Ltd v Schokman (2023) 97 ALJR 551; 324 IR 452; [2023] HCA 21.
Key Legislation: Civil Liability (Organisational Child Abuse Liability) Act 2018 (NSW).
Currently scheduled updates (subject to change):
- Family Law 17.14 “Alteration of Property Interests”
- Restrictive Trade Practices 30.1 “Restraint of Trade”
- Revenue Law 31.15 “Stamp Duties”