Sentences with phrase «of substantial amendments»

Section 82 of the Native Title Act was then amended as part of the substantial amendments to the Act made in 1998.

Environment & Planning» Public Notice of Substantial Amendment to the Erie County 2016 Action Plan for Community Development

Not exact matches

«This amendment would create substantial tax relief for millions of small - business owners who were left out of the original bill,» the group said.

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

I, sec. 2, clause 3 regarding apportionment, on Art. 3, Sec. 2, clause 1 concerning the powers of the judiciary, and on the Fifth and Sixth Amendments concerning criminal process), the treatment of this clause amounts to a substantial monograph.

There has always been some tension between the Establishment Clause and the Free Exercise protections of the First Amendment, but the Supreme Court, when considering a similar challenge to the Religious Land Use and Institutionalized Persons Act in 2005 — wherein the Sixth Circuit Court of Appeals had ruled that granting protections to religious prisoners amounted to a violation of the Establishment Clause — ruled that alleviating a state - imposed substantial burden on religious practice did not violate the Establishment Clause.

«The ACCC considers that making this provision effective could be best achieved through the introduction of an effects test, including a substantial lessening of competition, and amendments to overcome limitations inherent in the current interpretation of the «take advantage» test.»

May's last - minute addition to the 50 government amendments used up much of the Commons time allocated to the bill, which had been set to see potentially substantial backbench rebellions.

The bill itself has been subject to substantial scrutiny as it passed through various House of Commons committees — including a joint committee made up of MPs and Lords — and has seen several amendments.

The Acting Chairman of the Commission, Hon. Abdullahi Bako, who made the presentation on behalf of the Commission explained that the amendment had become necessary given the fact that the Commission is restricted by its extant law to prosecute cases only in State High courts which has hampered its prosecutorial effectiveness because high profile defendants often wield substantial influence within a state.

A Substantial Amendment to the 2016 Action Plan Components to the 2015 - 2019 Consolidated Plan as prepared for the Erie County / Town of West Seneca Community Development Block Grant (CDBG) Consortium and Erie County / Town of Hamburg / Town of West Seneca HOME Consortium.

Appearing on the Andrew Marr show, he said: «We're going to put down a substantial amendment to the Queen's Speech which will contain within it the main points of our manifesto, and so we'll invite the House to consider all the issues we put forward which I've mentioned - jobs - first Brexit, mention the issues of young people and austerity, there's many other things.»

The 1997 Amendments to IDEA contain new regulations about sending students to alternative educational settings for drugs, weapons, or «substantial evidence that maintaining the current placement of the child is substantially likely to result in injury to the child or to others...» (Section 300.521) As a result, the number of students in alternative programs could increase.

Although the global community reached a landmark agreement last October to phase down HFCs under the Kigali Amendment to the Montreal Protocol, federal regulations necessary for implementation of the Amendment in the United States, which were passed by the Environmental Protection Agency under the Obama Administration now face substantial uncertainty.

We have substantial understanding of youth law and its relationship to new statutory amendments.

There is no compelling state interest enforced in the eligibility provisions of the South Carolina statute which justifies the substantial infringement of appellant's right to religious freedom under the First Amendment.

Trademarks are also being overhauled through a series of amendments to the Trademarks Act along with substantial amendments to the implementing Trade - mark Regulations.

Legal advisors should pay particular attention to the «landlord's own use» amendments because those sections of the RTA were improperly used by some «small» landlords or purchasers to secure vacant possession of a rental unit, following which the landlord would renovate the unit and then re-rent the unit at a much higher «market» rent or sell the building for a substantial profit based on its increased income potential.

«if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.»

In our view, many aspects of Bill C - 59 require substantial amendments — in order to both withstand constitutional scrutiny and adequately protect the rights and security of all persons in Canada.

He further held that recent amendments to subsection 88 (1) addressing the indirect bumping of depreciable property held by a partnership represented a substantial change to the policy in the Act rather than a clarification.

Whatever imprecision inheres in these terms, we think it clear that a government regulation is sufficiently justified if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.»

After canvassing the leading substantive - consolidation standards and cases, Judge Jernigan determined that consolidation is appropriate under any test; her decision turned on a litany of facts and factors, including that (i) the company's «nerve center» is its Texas headquarters and all payroll for employees is effectuated from there, (ii) the company's centralized cash - management system and three bank accounts, (iii) all debtor entities were controlled by common officers and directors, (iv) the existence of substantial intercompany claims, (v) credible testimony demonstrated that preparing individual schedules was extraordinarily difficult and required numerous amendments, (vi) a substantial amount of creditors treated the debtors as a single unit, and (vii) that credible counsel had determined that the primary assets of many debtors — D&O litigation claims — are jointly owned by the debtors.

The amendments also eliminated the presumption of substantial indemnity costs against a party that brings an unsuccessful motion for summary judgment, in order to avoid deterring parties from bringing such motions.

For this reason, the protection against unreasonable search and seizure guaranteed by the Fourth Amendment applies to telephone conversations.9 It also is recognized widely that the attorney - client privilege applies to conversations over the telephone as long as the other elements of the privilege are present.10 However, this expectation of privacy in communications by telephone must be considered in light of the substantial risk of interception and disclosure inherent in its use.

Reference re Senate Reform, 2014 SCC 32 (35203) Majority of changes can only be achieved through amendments to the Constitution, with substantial federal - provincial consensus.

The substantial social costs exacted by the exclusionary rule for the vindication of Fourth Amendment rights have long been a source of concern... We have now reexamined the purposes of the exclusionary rule and the propriety of its application in cases where officers have relied on a subsequently invalidated search warrant.

If citizens are to be able to exercise their democratic rights they must be in a position to follow in detail the decision - making process within the institutions taking part in the legislative procedures and to have access to all relevant information... Thus, the expression of public opinion in relation to a particular provisional legislative proposal or agreement agreed in the course of a trilogue and reflected in the fourth column of a trilogue table forms an integral part of the exercise of EU citizens» democratic rights, particularly since... such agreements are generally subsequently adopted without substantial amendment by the co-legislators.

The amendments do not constitute a substantial change in circumstances that warrant the modification of a final custody order entered before July 1, 2013.

After finalization, parents must wait 12 months from the date of adoption to request an amendment to their original adoption assistance agreement if they believe a substantial change in circumstance has occurred since the initial adoption assistance agreement was signed.

Substantial amendment of the Confirmation and Validation Bill before it was presented to the South Australian Parliament in December 2000;

NAR supports the proposed amendments that will provide consumers with their credit score used in making a credit decision when the score results in less favorable terms to the consumer than the most favorable terms available to a substantial proportion of consumers or when a creditor notifies consumers against whom it has taken an adverse action.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained