Category Archives: Legislation

Rights of the Terminally Ill Act 1995 (NT) | 25 May 1995

ON THIS DAY in 1995, the Northern Territory Parliament passed the Rights of the Terminally Ill Act 1995 (NT).

http://www.austlii.edu.au/au/legis/nt/consol_act/rottia294

The Act, which took effect on 1 July 1996, legalised euthanasia in the Northern Territory until the Commonwealth Parliament subsequently enacted the Euthanasia Laws Act 1997.

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Statute of Frauds 1677 | 16 April 1677

ON THIS DAY in 1677, the English Parliament enacted the Statute of Frauds 1677.

This Act required certain dealings with real property, sale of goods, estates, trusts and marriage be reduced to writing and signed in order to avoid fraud or perjury.

The provisions of the Act have since been incorporated into many pieces of legislation around the common law world.

 

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Inc Pty Ltd v Commonwealth (“Fraser Island case”) [1976] HCA 20 | 14 April 1976

ON THIS DAY in 1976, the High Court of Australia delivered Murphyores Inc Pty Ltd v Commonwealth (“Fraser Island case”) [1976] HCA 20; (1976) 136 CLR 1 (14 April 1976).

The court held that the Commonwealth could validly legislate over the environment through its trade and commerce powers under the Constitution.  As a result, sand mining licensed by the Queensland Government was prohibited on the Fraser Island – the largest sand island in the world.

Fraser Island later became part of the Register of the National Estate, National Heritage List and the World Heritage List.

http://www.austlii.edu.au/au/cases/cth/HCA/1976/20.html

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Section 10 of Crimes (Sentencing Procedure) Act 1999 (NSW) | 12 March 1929

ON THIS DAY IN 1929, section 10 of the NSW Crimes (Sentencing Procedure) Act 1999 (formerly known as section 556A of the Crimes Act 1900) was added to the Crimes Act 1900 through the passage of the Crimes (Amendment) Act 1929 No 2.

http://www.austlii.edu.au/au/legis/nsw/num_act/ca1929n2189

As at 12 March 2015, s10 provides:

Dismissal of charges and conditional discharge of offender
10 Dismissal of charges and conditional discharge of offender

(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:
(a) an order directing that the relevant charge be dismissed,
(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,
(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
(2) An order referred to in subsection (1) (b) may be made if the court is satisfied:
(a) that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or
(b) that it is expedient to release the person on a good behaviour bond.
(2A) An order referred to in subsection (1) (c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.
(2B) Subsection (1) (c) is subject to Part 8C.
(3) In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors:
(a) the person’s character, antecedents, age, health and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed,
(d) any other matter that the court thinks proper to consider.
(4) An order under this section has the same effect as a conviction:
(a) for the purposes of any law with respect to the revesting or restoring of stolen property, and
(b) for the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996 , and
(c) for the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property.
(5) A person with respect to whom an order under this section is made has the same right to appeal on the ground that the person is not guilty of the offence as the person would have had if the person had been convicted of the offence.

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Liquor (Amendment) Act 1954 (NSW)

ON THIS DAY IN 1955, the “six o’clock swill” was abolished by the NSW Liquor (Amendment) Act 1954.

Click to access la1954n50214.pdf

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Liquor (Amendment) Act 1954 (NSW)

ON THIS DAY IN 1955, the “six o’clock swill” was abolished by the NSW Liquor (Amendment) Act 1954.

Click to access la1954n50214.pdf

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Environmental Offences and Penalties Act 1989 (NSW) | 27 November 2009

Twenty Five years ago today, the NSW Parliament enacted the Environmental Offences and Penalties Act 1989.

http://www.austlii.edu.au/au/legis/nsw/num_act/eoapa1989n150370

The Act has since been repealed and incorporated in the NSW Protection of the Environment Operations Act 1987.

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Seat belts became compulsory in NSW | 1 OCTOBER 1971

ON 1 OCTOBER 1971, the wearing of seatbelts became compulsory in New South Wales.

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Passenger Transport Act 2014 (NSW)

ON 10 SEPTEMBER 2014, the NSW Parliament passed the Passenger Transport Bill 2014.

The Passenger Transport Act 2014 (NSW) will replace the Passenger Transport Act 1990 (NSW) and the Air Transport Act 1964 (NSW).

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Mental Health (Forensic Provisions) Act 1990 (NSW) | 3 September 1990

ON 3 SEPTEMBER 1990, the NSW Mental Health (Forensic Procedures) Act 1990 (formerly known as the Mental Health (Criminal Procedure) Act 1990) commenced.

http://www.austlii.edu.au/au/legis/nsw/consol_act/mhpa1990355

The significant provisions are found in Part 3, specifically s32.

MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 – SECT 32
Persons suffering from mental illness or condition
32 Persons suffering from mental illness or condition

(1) If, at the commencement or at any time during the course of the hearing of proceedings before a Magistrate, it appears to the Magistrate:
(a) that the defendant is (or was at the time of the alleged commission of the offence to which the proceedings relate):
(i) developmentally disabled, or

(ii) suffering from mental illness, or

(iii) suffering from a mental condition for which treatment is available in a mental health facility,
but is not a mentally ill person, and
(b) that, on an outline of the facts alleged in the proceedings or such other evidence as the Magistrate may consider relevant, it would be more appropriate to deal with the defendant in accordance with the provisions of this Part than otherwise in accordance with law,
the Magistrate may take the action set out in subsection (2) or (3).
(2) The Magistrate may do any one or more of the following:
(a) adjourn the proceedings,

(b) grant the defendant bail in accordance with the Bail Act 2013 ,

(c) make any other order that the Magistrate considers appropriate.

(3) The Magistrate may make an order dismissing the charge and discharge the defendant:
(a) into the care of a responsible person, unconditionally or subject to conditions, or

(b) on the condition that the defendant attend on a person or at a place specified by the Magistrate for assessment of the defendant’s mental condition or treatment or both, or

(c) unconditionally.

(3A) If a Magistrate suspects that a defendant subject to an order under subsection (3) may have failed to comply with a condition under that subsection, the Magistrate may, within 6 months of the order being made, call on the defendant to appear before the Magistrate.

(3B) If the defendant fails to appear, the Magistrate may:
(a) issue a warrant for the defendant’s arrest, or

(b) authorise an authorised officer within the meaning of the Criminal Procedure Act 1986 to issue a warrant for the defendant’s arrest.

(3C) If, however, at the time the Magistrate proposes to call on a defendant referred to in subsection (3A) to appear before the Magistrate, the Magistrate is satisfied that the location of the defendant is unknown, the Magistrate may immediately:
(a) issue a warrant for the defendant’s arrest, or

(b) authorise an authorised officer within the meaning of the Criminal Procedure Act 1986 to issue a warrant for the defendant’s arrest.

(3D) If a Magistrate discharges a defendant subject to a condition under subsection (3), and the defendant fails to comply with the condition within 6 months of the discharge, the Magistrate may deal with the charge as if the defendant had not been discharged.

(4) A decision under this section to dismiss charges against a defendant does not constitute a finding that the charges against the defendant are proven or otherwise.

(4A) A Magistrate is to state the reasons for making a decision as to whether or not a defendant should be dealt with under subsection (2) or (3).

(4B) A failure to comply with subsection (4A) does not invalidate any decision of a Magistrate under this section.

(5) The regulations may prescribe the form of an order under this section.

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