Collection Items
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ArticleAustralia: High Court Rules Indefinite Immigration Detention Unlawful On November 8, 2023, at a hearing in the case of NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor, the High Court of Australia, the highest court in the federal judicial hierarchy, pronounced its ruling that certain provisions in the Migration Act 1958 (Cth) regarding immigration detention are “beyond the legislative power … Continue reading “Australia: High Court Rules Indefinite Immigration...
- Contributor: Buchanan, Kelly
- Date: 2023-11-16
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ArticleAustralia: Proposed 'Voice' for Indigenous People Rejected in Referendum On October 14, 2023, Australia held a national referendum on whether to amend the Australian Constitution “to recognise the First Peoples of Australia by establishing a body called the Aboriginal and Torres Strait Islander Voice.” The question failed to pass. The national results show a “Yes” vote of over 39% and a “No” vote of … Continue reading “Australia: Proposed ‘Voice’ for Indigenous People...
- Contributor: Buchanan, Kelly
- Date: 2023-10-23
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ArticleAustralia: Legislation Allowing Publication of Company Gender Pay Gaps Passed On March 30, 2023, the Australian Parliament passed the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023. The bill will enable the Workplace Gender Equality Agency to publish the gender pay gaps of private and Commonwealth (i.e., federal government) companies and entities with more than 100 employees.According to the explanatory memorandum to … Continue reading “Australia: Legislation Allowing Publication of Company...
- Contributor: Buchanan, Kelly
- Date: 2023-04-17
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ArticleAustralia: South Australia Passes 'First Nations Voice' to Parliament Legislation On March 26, 2023, the South Australian Parliament passed the First Nations Voice Bill 2023 (SA), becoming the first Australian state to allow an Indigenous “Voice” to Parliament. The government of South Australia explained that[t]he Voice will be a connected, direct and independent line of communication for First Nations people to South Australia’s Parliament and … Continue reading “Australia: South Australia Passes ‘First Nations...
- Contributor: Buchanan, Kelly
- Date: 2023-04-10
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ArticleGermany: Federal Court of Justice Holds 'Stealthing' Punishable as Sexual Assault In a decision published on February 1, 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) held that the act of “stealthing” is punishable as sexual assault in accordance with section 177, paragraph 1 of the German Criminal Code (Strafgesetzbuch, StGB). The court defines “stealthing” as “having sexual intercourse without a condom contrary to the … Continue reading “Germany: Federal Court of Justice Holds...
- Contributor: Gesley, Jenny
- Date: 2023-03-02
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ArticleAustralia: Land Court Finds against Proposed Coal Mine due to Impact on Climate Change and Human Rights On November 25, 2022, the Land Court of Queensland issued a decision in a case in which a First Nations-led group of young people from across the state, who had formed an entity called Youth Verdict, along with other interested parties, challenged a proposed coal mining project on the grounds that it would adversely affect … Continue reading “Australia: Land Court Finds against Proposed...
- Contributor: Buchanan, Kelly
- Date: 2022-12-29
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ArticleAustralia: Legislation Setting Emissions Reduction Targets Enacted On September 14, 2022, the Climate Change Act 2022 (Cth) came into effect in Australia. The act, which sets out Australia’s emissions reduction ambitions, was passed in conjunction with the Climate Change (Consequential Amendments) Act 2022 (Cth). The minister for climate change and energy explained that the acts lay the foundation on which Australia’s policies … Continue reading “Australia: Legislation Setting Emissions Reduction Targets...
- Contributor: Buchanan, Kelly
- Date: 2022-11-17
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ArticleAustralia: Tasmania Outlaws Stealthing, Adds New Strangulation Offense to Criminal Code On June 6, 2022, the Criminal Code Amendment Bill 2022 (Tas) received royal assent, having been passed by the Tasmanian Parliament in May 2022. The bill amends the definition of “consent” in the Criminal Code Act 1924 (Tas) to specifically provide that a person does not freely agree to sexual intercourse if that person communicates … Continue reading “Australia: Tasmania Outlaws Stealthing, Adds New...
- Contributor: Buchanan, Kelly
- Date: 2022-06-21
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ArticleAustralia: Legislation Increasing Penalties for Trafficking of Firearms Passed On February 16, 2022, the Criminal Code Amendment (Firearms Trafficking) Bill 2022 was introduced in the Australian Parliament. The bill, which amends the federal Criminal Code Act 1955 (Cth), was quickly passed by both the Senate and the House of Representatives on March 30, 2022, before receiving assent by the Governor-General on April 1, 2022.Broadly, … Continue reading “Australia: Legislation Increasing Penalties for Trafficking...
- Contributor: Buchanan, Kelly
- Date: 2022-06-07
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ArticleAustralia: Northern Territory Abortion Law Amended to Improve Access to Late-Term Abortions On December 15, 2021, the Termination of Pregnancy Law Reform Legislation Amendment Bill 2021 (NT) received assent from the administrator of Australia’s Northern Territory, having been passed by the Legislative Assembly of the Northern Territory on November 30, 2021. It became the Termination of Pregnancy Law Reform Legislation Amendment Act 2021 (NT) (the Act).The Act … Continue reading “Australia: Northern Territory Abortion Law Amended...
- Contributor: Buchanan, Kelly
- Date: 2021-12-29
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ArticleAustralia: Australian Capital Territory Criminalizes Nonconsensual Removal of Condom During Sex On October 7, 2021, the Australian Capital Territory (ACT) Legislative Assembly unanimously passed the Crimes (Stealthing) Amendment Bill 2021 (ACT), which was subsequently notified and became the Crimes (Stealthing) Amendment Act 2021 (ACT), with an effective date of October 14, 2021.The bill, a private member’s bill introduced in April 2021 by Canberra Liberals party leader … Continue reading “Australia: Australian Capital Territory Criminalizes Nonconsensual...
- Contributor: Buchanan, Kelly
- Date: 2021-10-18
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ArticleAustralia: Court Recognizes ICSID Arbitration Award Against a Sovereign State On June 25, 2021, the Full Court of the Federal Court of Australia made an order recognizing an award issued by the International Centre for Settlement of Investment Disputes (ICSID) against the Kingdom of Spain.In its decision, Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (No. 3) [2021] FCAFC 112 (June 25, 2021) (second decision), … Continue reading “Australia: Court Recognizes ICSID Arbitration Award...
- Contributor: Buchanan, Kelly
- Date: 2021-09-16
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ArticleAustralia: High Court Finds Media Outlets Are Responsible for Defamatory Third-Party Comments on Their Social Media Pages On September 8, 2021, the High Court of Australia (the highest court in Australia’s court hierarchy) dismissed an appeal by three large media outlets against a decision of the Court of Appeal of the Supreme Court of New South Wales concerning whether, “by posting content relating to news stories about Mr Voller, the respondent, on … Continue reading “Australia: High Court Finds Media Outlets...
- Contributor: Buchanan, Kelly
- Date: 2021-09-10
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ArticleAustralia: Court Holds Artificial Intelligence Systems Can Be Designated as Inventors for Patent Applications On July 30, 2021, the Federal Court of Australia held, in the case of Thaler v Commissioner of Patents [2021] FCA 89 (Decision), that “an artificial intelligence system” can be recognized as an inventor under the Patents Act 1990 (Cth).The matter involved a review of the deputy commissioner of patent’s decision to refuse a patent … Continue reading “Australia: Court Holds Artificial Intelligence Systems...
- Contributor: Buchanan, Kelly
- Date: 2021-09-07
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ArticleAustralia: Western Australia Parliament Passes Law Establishing Safe Access Zones for Abortion Clinics On August 12, 2021, the Parliament of Western Australia passed the Public Health Amendment (Safe Access Zones) Bill 2021 (WA) to establish “safe access zones” in and around premises where abortions are performed. The bill prohibits certain conduct in such areas.A press release by the Western Australia government upon the passage of the bill explained … Continue reading “Australia: Western Australia Parliament Passes Law...
- Contributor: Buchanan, Kelly
- Date: 2021-08-29
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ArticleAustralia: Online Safety Bill Passed On June 23, 2021, the Australian Parliament passed the Online Safety Bill 2021 (Cth). The bill was introduced on February 24, 2021, to address the issue of cyberabuse and cyberbullying against Australian adults and to establish an enforcement mechanism through the eSafety Commissioner. The Parliament also passed a complementary bill, the Online Safety (Transitional Provisions … Continue reading “Australia: Online Safety Bill Passed”
- Contributor: Buchanan, Kelly
- Date: 2021-08-10
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ArticleAustralia: High Court Holds Indefinite Immigration Detention Is Lawful On June 23, 2021, the High Court of Australia, the highest court in Australia’s court hierarchy, issued a decision in Commonwealth of Australia v AJL20 [2021] HCA 21 (Decision).The question for the High Court was whether the detention of an unlawful noncitizen remained lawful in circumstances in which that detention should have come to an end. … Continue reading “Australia: High Court Holds Indefinite...
- Contributor: Buchanan, Kelly
- Date: 2021-08-04
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ArticleInternational: WTO Reports 2020 Saw Lowest-Ever Number of Disputes, No Appeals On July 9, 2021, the World Trade Organization (WTO) published its 2021 Annual Report, which highlights the increase in trade-restricting measures and trade-facilitation measures put in place by its members in response to the COVID-19 pandemic.However, the report notes that 2020 saw the lowest number of disputes initiated among WTO members since the inception of … Continue reading “International: WTO Reports 2020 Saw Lowest-Ever...
- Contributor: Boomer, Elizabeth
- Date: 2021-08-01
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ArticleAustralia: Bill to Establish New Federal Family Violence Orders Introduced (June 22, 2021) On March 24, 2021, the Family Law Amendment (Federal Family Violence Orders) Bill 2021 (Cth) (the bill) was introduced in the Australian Parliament to amend the federal Family Law Act 1975 (Cth). If passed, the bill would establish new federal family violence orders that are criminally enforceable if breached. The bill was […]
- Contributor: Buchanan, Kelly
- Date: 2021-06-22
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ArticleAustralia: Ban on Single-Use Plastic Products Enacted in Australian Capital Territory (May 10, 2021) On April 8, 2021, the Plastic Reduction Act 2021 (ACT) was notified in the Australian Capital Territory (ACT) Legislation Register, with the relevant bill having been passed by the ACT Legislative Assembly on March 31, 2021. According to the revised explanatory statement for the bill, the legislation gives effect to a phase-out […]
- Contributor: Buchanan, Kelly
- Date: 2021-05-10
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ArticleAustralia: Sexual Consent Provisions in Queensland Criminal Code Amended (Apr. 20, 2021) On April 7, 2021, the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021 (Qld), which was passed by the Queensland Parliament on March 25, 2021, received assent from the state governor. The amendments to the consent provisions related to certain sexual offenses in the Criminal Code Act 1899 […]
- Contributor: Buchanan, Kelly
- Date: 2021-04-20
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ArticleAustralia: New Legislation Establishes Code of Conduct for Negotiations between News Media and Digital Platforms over Payments for Content (Feb. 26, 2021) On February 25, 2021, the Australian Parliament passed the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 (Cth). The bill, which has been the subject of considerable domestic and international discussion, establishes a “mandatory code of conduct that applies to news media businesses and digital platform corporations […]
- Contributor: Buchanan, Kelly
- Date: 2021-02-26
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ArticleAustralia: Bill Making Vaccination Reporting Mandatory Passed (Feb. 11, 2021) On February 4, 2021, the Australian Parliament passed the Australian Immunisation Register Amendment (Reporting) Bill 2021 (Cth), which amends the Australian Immunisation Register Act 2015 (Cth) (AIR Act) to “require recognised vaccination providers to report certain information in relation to certain vaccinations administered both within and outside Australia”; “authorise the collection and use […]
- Contributor: Buchanan, Kelly
- Date: 2021-02-11
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ArticleAustralia: Bill Banning Export of Unprocessed Waste Enacted (Jan. 11, 2021) On December 15, 2020, Australia’s Recycling and Waste Reduction Act 2020 (Cth) received assent. The act implements an export ban on waste plastic, paper, glass, and tires agreed by the Council of Australian Governments (COAG) in March 2020. At the same meeting, the Commonwealth (i.e., federal) government, state and territory governments, and […]
- Contributor: Buchanan, Kelly
- Date: 2021-01-11
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ArticleAustralia: Adopted Persons in NSW Able to Obtain Birth Certificates with Birth Family Information (Dec. 24, 2020) On November 16, 2020, the Adoption Legislation Amendment (Integrated Birth Certificates) Act 2020 (NSW) came into force in the state of New South Wales (NSW), Australia, following its enactment in September 2020. The Act amended the Births, Deaths and Marriages Registration Act 1995 (NSW) (BDMR Act) and the Adoption Act 2000 (NSW) to […]
- Contributor: Buchanan, Kelly
- Date: 2020-12-24