Since the terrorist attacks on 11 September 2001, the
Australian Government has introduced more than 40 new counter-terrorism laws.
Click here to read a chronology of counter-terrorism laws introduced in Australia.
The SLRC Report and PJCIS Report
have recommended that an Independent Reviewer of Counter-terrorism laws be
established to report on the operation of counter-terrorism laws. This reviewer
should have the ability to set their own agenda and access all necessary
information to report to Parliament.
Establishing an independent reviewer of counter-terrorism
laws is important because of the potential of some counter-terrorism laws to
infringe fundamental rights and the limited opportunity - in the absence of an
Australian Charter of Rights - for a person to challenge decisions which do not
comply with human rights.
ALERT: COVID-19 modifications of laws
From the commencement of the COVID-19 Emergency Response Act 2020 (the ER Act) on 23 April 2020 until the COVID-19 legislation expiry day (30 April 2022), the ER Act and extraordinary regulations and statutory instruments made under that Act modified a significant number of Queensland laws. Affected legislation operated as modified, but the modifications did not amend the text of the law. Accordingly, point-in-time versions of legislation in force between 23 April 2020 and 30 April 2022 may be affected by the ER Act or by extraordinary regulations or statutory instruments that were in force at the same time. Extraordinary regulations made under the ER Act expired on 30 April 2022.
On 28 October 2023, penalties for possession of some other drugs changed. See here for more details: ACT drug law reforms Health. However for adults using cannabis, the laws described below continue to apply.
The term 'voluntary assisted dying' evolved in Australia in recent years following inquiries and parliamentary debates of laws enabling a terminally ill person to seek medical assistance to die. This term is now commonly used in Australia, rather than euthanasia or physician-assisted suicide or dying. The definition of VAD in each Australian State with VAD laws is discussed below.
Voluntary assisted dying (VAD) laws are operating in each of Australia's six States - Victoria, Western Australia, Tasmania, South Australia, Queensland, and New South Wales. The laws in each State are discussed in detail below.
As a result, most subsidiary legislation will be published on the WA legislation website (WALW) instead of in the Government Gazette. The Act also provides official status to certain electronic versions of laws that are published on the WALW.
State and territory laws contain a broad range of provisions relating to gambling that impose obligations on licensees, associates of licensees, staff, suppliers and sometimes customers. Federal law also applies in respect of the Interactive Gambling Act, the AML/CTF Act and the CCA.
Whilst federal, state and territory laws and regulations are often capable of being contravened by directors and other officers of licensees, recent regulatory action has been taken against corporate licensees only. As regulation tightens, it is possible that this will change going forward and that directors and other officers will be actively pursued in relation to alleged breaches of relevant gambling and related laws.
State and territory licensees are expected to have appropriate controls in place to ensure that they comply with their licence obligations, including relevant laws and any conditions attaching to their licence.
Although state and territory-based gambling regulators have historically shown a willingness to work cooperatively with licensees in relation to possible breaches of local laws (as a general comment, our observation is that regulator tolerance for non-compliance is reducing). That is particularly the case for breaches of advertising restrictions relating to inducements where appropriate warnings have been given and operators fail to meet the necessary standards.
The amended laws will apply to disclosures even if the disclosed conduct occurred before the commencement date. The amended victimisation and compensation provisions apply to protected disclosures made at any time, if the victimisation in respect of the disclosure occurs after the commencement date. (This earlier commencement of the victimisation provisions means that entities ought to update their whistleblower policies and processes now to ensure they comply with the new laws).
In quick succession, Ireland and the United Kingdom joined Australia as the first countries in the world to pass plain packaging laws. According to health experts, removing branding from all tobacco products has the potential to move smokers to quit and to help prevent a new generation from starting.
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