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The Laws of Australia Updates March 2017

The following Subtitles were updated in March 2017 and are now available on Westlaw AU:

Update 327 – March 2017

Criminal Law Principles 9.1 “The Criminal Laws” (Ch 9)

Updated by Professor Mirko Bagaric, Professor of Law, Swinburne University Law School

Updated Chapter 9 of this Subtitle examines the criminal law principle that an accused person should not be prosecuted for the same offence twice: the principle of double jeopardy.

Real Property 28.17 “Land Acquisition”

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This updated Subtitle is concerned with the ways in which government can acquire land, either with consent of the landowner or compulsorily. With respect to compulsory acquisition, discussion is made of government powers, relevant legislation, procedures and “just terms” compensation for land. Also examined are authorities who may acquire land and the types of land interests that may be acquired. As well as exploring long-standing case law and legislation, recent developments such as Land Acquisition (Just Terms Compensation) Amendment Act 2016 (NSW) and Planning, Development and Infrastructure Act 2016 (SA) are also cited.

Revenue Law 31.11 “International Aspects” Chs 1–2

Updated by Ivy Ling, Legal Editor, The Laws of Australia

This updated Subtitle concerns updated law in relation to the jurisdiction to impose tax. The update includes a discussion of the implication of Bywater Investments Ltd v Federal Commissioner of Taxation (2016) 91 ALJR 59; [2016] HCA 45 regarding where board meetings are held. It also discusses s 6CA of the Income Tax Assessment Act 1936 (Cth) in relation to “natural resource income” and “override royalties”.

 

April 2017 currently scheduled updates (subject to change):

  • Environment and Natural Resources 14.13 “Petroleum”
  • Equity  15.12 “Delivery Up, Cancellation and Rectification”
  • Revenue Law 31.11 “International Aspects” Chs 3–5
ruthmoraes
By Ruth Moraes

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