Sentences with phrase «purpose of this provision»

Gleeson CJ pointed out that the key purpose of the provision of the NTA is to avoid racial discrimination... [62]

«Faced with a difficult point of statutory interpretation and conflicting judicial authority, the Tribunal adopted a dictionary meaning of «expenses» and articulated what it considered to be a beneficial policy outcome rather than engage in an interpretative process taking account of the text, context and purpose of the provisions in issue.»

The primary purpose of this provision is to prevent the unintentional lapse of your policy.

With regard to the question of unlawfulness, the Oberster Gerichtshof has held that, in accordance with the academic writings relating to the protective purpose of the provision, the act of causing pecuniary loss entails an obligation to provide compensation only if the unlawfulness of the loss stems from a breach of contractual obligations, a breach of absolute rights or a breach of protective provisions.

The purpose of these provisions was to work in concert to enforce the Defendants» agreement to raise and stabilize retail e-book prices.

The purpose of the provision is the protection of the dog.

The latest they've filed for pertains to Bowser, with the purpose of provision of benefits to customers performed in the retail or wholesale business of clothing, footwear, bags, drinks, foods, cosmetics, exercise equipment and much more.

Hence, a club or premise opened only to serve its affiliates or members shall not be considered a public place for the purpose of this provision of law.

The purpose of this provision was to avoid conflict between the generic permission of the UECA and any existing laws that already created a statutory regime for e-documents or e-filing.

When is a case «commenced» for the purpose of the provisions relating to proportionality in CPR 44.3 (7)?

Second, ETI argued that, notwithstanding that s 44 of the 1996 Act did not apply, s 25 of the 1982 Act applied to arbitrations on the basis that they were «proceedings» for purpose of that provision.

When determining whether or not someone was in «control» of equipment for the purposes of the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), it is necessary to ascertain, in relation to a non-employer, whether there was a purpose for which he had such control as he had.

He had been correct to identify the purpose of the provision as being not just to ensure that a relationship should begin to be established between the adopters and the child over a continuous period in a domestic context, but also to enable the domestic authorities (in this case, the local English adoption agency) to assess the applicants, and the relationship each enjoyed with the child.

The purpose of these provisions has been described by Justice Ramsay in Ross v. Bacchus as follows,

For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law.

Section 1.1 of the Code provides that «[t] he purpose of the provisions of this Code with respect to sexual abuse of patients by members is to encourage the reporting of such abuse...» Without the absolute protection given by s. 36 (3) patients might be discouraged from, not encouraged to, report complaints of sexual abuse.»

He noted that the debates in the legislature that led to the $ 2.5 - million threshold demonstrated that the purpose of the provision was to protect workers who worked for a company «that is part of a larger enterprise.»

(3) A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and bail.

(5) A police officer to whom the custody of a person is given under subsection (4) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and his or her bail.

Also, the purpose of this provision was to allow both parties the chance to conduct their litigation in «as reasoned an atmosphere as may be possible», and to provide them with «some element of order in the context of difficult and acrimonious litigation».

The test examines the purpose of the provision and determines whether its main purpose is within that jurisdiction's powers.

The court accepted, and the government did not dispute, that Art 8 applied: «The circumstances of giving birth incontestably form part of one's private life for the purposes of this provision.»

In a 5 - 2 decision written by Justice Rosalie Abella, the SCC found that the immigration officer applied the guidelines so rigidly as to misconstrue them, ignoring the purpose of the provisions granting ministerial discretion in the first place — namely, to allow for compassion where appropriate.

The purpose of this provision is to discourage individuals from purchasing life insurance with the intent of taking their own lives.

«(1) The provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, special measures.

(2) The provisions of this Act, and any acts done under or for the purposes of those provisions, are excluded from the operation of Part II of the Racial Discrimination Act 1975.

deemed the measures contained in each Act, and any acts done under or for the purposes of those provisions, to be special measures for the purposes of the RDA

A key concern for Aboriginal and Torres Strait Islander peoples was the deeming of the NTER measures to be special measures for the purposes of the Racial Discrimination Act 1975 (Cth)(RDA) and the suspension of the RDA in relation to the provisions of the NTER legislation and any acts done under or for the purposes of those provisions.

For purposes of this provision, co-branding will be presumed not to be deceptive or misleading if the participant's logo and contact information is larger than that of any third party.