Subtitle 2.8 “Royal Commissions and Public Inquiries”

Updated by Ian Harvey, Barrister, Wentworth Chambers and Yvette Harvey, Writer and Researcher

Subtitle 2.8 relates to Royal Commissions and Commissions of Inquiry, and the legislative requirements thereof. The Subtitle looks to the establishment of these Commissions, the statutory restrictions on their appointment and their procedure once appointed. It also examines the power of Royal Commissions to coerce information, as well as issues of privilege and secrecy. The recent landmark case of X7 v Australian Crime Commission (2013) 87 ALJR 858; [2013] HCA 29 is examined at length, and examined in light of other important administrative law decisions.

Subtitle 3.15 “Composition or Schemes after Commencement of Bankruptcy”

Updated by Dr. Colin Anderson, Senior Lecturer, Griffith University

This Subtitle pertains to provisions of the Bankruptcy Act 1966 (Cth) permitting a bankrupt to propose a composition or scheme in satisfaction of his or her debts to the relevant creditors. The Subtitle closely examines the procedures required to approve a scheme or composition, and looks to the effects of acceptance on both the bankrupt and the creditors, as well as looking to variations of a composition or scheme, and the termination thereof. This Update discusses the several recent  decision of Hingston v Westpac Banking Corp (2012) 200 FCR 493; 9 ABC(NSW) 678; [2012] FCA 41 in detail.

Subtitle 9.3 “Defences and Responsibility”

Updated by Professor Mirko Bagaric, Professor of Law and Dean, School of Law, Deakin University

Updated paragraphs [9.3.10]­–[9.3.1530] of this Subtitle consider some of the major criminal law defences and principles of responsibility applicable in Australia, including duress, necessity and emergency, defence of persons and property, and provocation. When and how these defences and principles apply, their limits, and their underlying rationales, are all examined. Of particular interest is the discussion of the defences of marital coercion (available only to a limited class of married women) and superior orders (available in limited circumstances, including for war crimes under the Criminal Code (Cth)). The Subtitle considers pivotal case law, for example, Zecevic v Director of Public Prosecutions (Vic) (1987) 162 CLR 645; 61 ALJR 375; 25 A Crim R 163; 71 ALR 641 on self-defence, and topical recent case law, including Ahmadi v The Queen (2011) 254 FLR 174; 214 A Crim R 243; [2011] WASCA 237 which discussed the defence of necessity in the context of people smuggling under the Migration Act 1958 (Cth). Legislation examined includes the various Criminal Codes, and other statutes such as the: Crimes Act 1900 (NSW); Criminal Law Consolidation Act 1935 (SA); and Crimes Act 1958 (Vic).

Subtitle 11.1 “Criminal Investigation”

Updated by Professor Mirko Bagaric, Professor of Law and Dean, School of Law, Deakin University

The general principles and rules governing the powers of police and other investigators are the focus of this Subtitle. It explores the extent of powers granted to police and other investigators in light of new technologies and new types of crime, covering police powers in relation to arrest, questioning, the investigation of persons and places and electronic surveillance. Updates have been made to legislative references across all Australian jurisdictions, which are outlined with concise but detailed commentary. The Subtitle also provides a discussion of recent notable cases, including KC v Sanger [2012] NSWSC 98 and Sands v Channel Seven Adelaide Pty Ltd [2009] SASC 215. Together with Subtitle 11.2 Investigation by Independent Agencies and Subtitle 2.8 Royal Commissions and Public Inquiries, this Subtitle is also published as part of the First Edition of Investigating Crime – The Laws of Australia (softcover book – forthcoming release in 2013).

Subtitle 23.1 “Copyright”

Updated by Peter Knight, Partner, Banki Haddock Fiora

This Subtitle is concerned with the law of copyright derived from the Copyright Act 1968 (Cth). It explores: the concepts surrounding the subject matter of copyright, both in works and subject matter other than works; duration of copyright; requirements for subsistence of copyright in Australia; the nature of rights granted to copyright owners; infringement of copyright; defences to infringement of copyright; available civil and criminal remedies; determination of copyright ownership and exploitation of that copyright; statutory licensing schemes; the role of collecting societies and the Copyright Tribunal of Australia; performers’ rights; and the international frameworks for protection of copyright. Reference is made to the relevant case law, including recent cases such as Phonographic Performance Co of Australia Ltd v Commonwealth (2012) 246 CLR 561; 86 ALJR 335; 286 ALR 61; 95 IPR 1; [2012] HCA 8; Roadshow Films Pty Ltd v iiNet Ltd (2012) 86 ALJR 494; 286 ALR 466; 95 IPR 29; [2012] AIPC 92-441; [2012] HCA 16; and Tamawood Ltd v Habitare Developments Pty Ltd (admin, recs & mgrs apptd) [No 3] (2013) 101 IPR 225; [2013] FCA 410, amongst others. Reference is also made to the relevant legislation and treaties, including the Beijing Treaty on Audiovisual Performances (adopted on 24 June 2012 by the Diplomatic Conference on the Protection of Audiovisual Performances of the World Intellectual Property Organization).

Subtitle 26.6 “Regulation of Industrial Organisations”

Updated by Victoria Lambropoulos, Barrister, Victorian Bar

This Subtitle has been updated to include the latest amendments affecting industrial organisations by the passage of the Fair Work (Registered Organisations) Amendment Act 2012 (Cth). These changes include those relating to disclosure of financial and non-financial benefits by organisation officers, such as material personal interests and payments to a “related party”. Also discussed are the newly strengthened investigative powers of the General Manager of the Fair Work Commission and the effect of the Fair Work (Building Industry) Act 2012 on measures first introduced after the handing down of the Cole Report in 2005.