Legal - Acts Flashcards
Change to reflect advances in technology
Crimes Amendment (Identity Crime) Act 2009 (Vic)
Change to reflect greater awareness of the need to protect rights
Equal Opportunity Act 2010 (Vic)
Allows the Commonwealth to make laws regarding terrorist acts inside Australia
Criminal Code Amendment (Terrorism) Act 2003 (Cth)
the Victorian parliament sits for fixed four-year terms
Parliamentary Reform Act 2003 (Vic)
Australian constitution created
British Parliament
The Commonwealth of Australia Constitution Act 1900
Terminated ability of the British to make laws for Australia (States could now enact laws previously done in Britain)
Australia Act of 1986
Prohibited all convicted and sentenced prisoners from votion (declared unconstitutional)
the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth)
Concurrent Powers examples
“The Commonwealth makes laws in the areas of
- Marriage (Marriage Act 1961 (Cth))
- Divorce (Family Law Act 1975 (Cth))
The States make their own laws in the area of adoption, e.g. the Adoption Act 1984 (Vic)
Commonwealth had nominated for World Heritage listing the specific areas the Tasmanian Government planned to dam
World Heritage Properties Conservation Act 1983 (Cwlth)
Change to reflect greater need for protection of the community
Crimes Amendment (Grooming) Act 2014 (Vic), Parole
Change to reflect encouraging changes in values in society
Equal Opportunity Act 2010 (Vic)
Change to reflect greater demand for access to the law
Drugs Court 2002
The Victorian Act referring powers on Terrorism.
Terrorism (Commonwealth Powers) Act 2003 (Vic.)
Example of the courts resolving ambiguity
Road Safety Act 1986 (Vic.)
Guidance to the courts on how Commonwealth legislation should be interpreted and what the courts are able to use to assist them in interpreting the legislation
Acts Interpretation Act 1901 (Cth)
Guidance to the courts on how Victorian legislation should be interpreted and what the courts are able to use to assist them in interpreting the legislation
Interpretation of Legislation Act 1984 (Vic.)
Amendments to the rules of evidence and their admissibility
Evidence Act 2008 (Vic.),
in an attempt to relax the strict rules of evidence, and allow relevant evidence to be heard in court. Significant changes were made to hearsay evidence.
Exceptions to the double jeopardy rule
Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011 (Vic.)
Limited instances, such as where there is fresh or compelling new evidence, a person who has been found not guilty of an offence could be retried, in order to achieve a fair outcome.
Simplification of juries directions
Juries Directions Act 2013
Provides guidelines for a judge’s direction to the jury and streamlines the summing up process
Simplification of criminal procedure
“Criminal Procedure Act 2009 (Vic.)
The Act makes changes such as abolishing redundant provisions, and using plain English and clear and consistent terminology.”
Time Limits on Criminal Procedure
Criminal Procedure Act 2009 (Vic.)
Necessary to make it clear what conditions may be imposed on a person who has been granted bail. The conditions include:
– reporting to a police station
– residing at a particular address
– submitting to a curfew
– that the accused not contact specified persons or classes of persons
Bail Amendment Act 2013 (Vic.)
Lays down the major rules relating to the granting of bail
Bail Act 1977 (Vic.)
Drug trafficking
“Drugs, Poisons and Controlled Substances Act 1981 (Vic.)
Customs Act 1901 (Cth) “
