Sentences with phrase «statutory definitions»

Further, the statutory definitions of key terms such as health care provider and health care clearinghouse describe functions, not specific types of persons or entities.

The following quotes are from Statutory definitions of child sexual abuse, from the Australian State and Federal Governments.

But when you really think about it, and without consulting statutory definitions or otherwise, can you say what that phrase really means?

As the court noted here, the defamation analysis against search engines is fact specific, and this case was decided within the statutory definitions of Australia's Defamation Act.

Eligibility for enrollment at partnership school is based on statutory definitions, individual program criteria, permission of parent / guardian and / or seat availability.

Competition policy (SME focus; need for equity; treat SMEs as «consumers» when dealing with larger businesses - extend unfair terms contracts to small business; need «legal precedents or statutory definitions» as part of unconscionable conduct framework); competition laws (focus on unfair terms and unconscionable behaviour; mention of MMP but not in context of s 46; access - call for broader access; price signalling (not clear)-RRB-; administration

For example, if Bitcoin is not a currency, then Bitcoin forwards and Bitcoin swaps that involve the exchange of Bitcoin for another currency will not fall under the statutory definitions of the more lightly regulated foreign exchange forwards or foreign exchange swaps.10 Likewise, retail trading of Bitcoin derivatives will be limited to designated contract markets, rather than subject to the retail foreign exchange dealer regulations.11 Treating Bitcoin as a commodity that is not a currency dovetails with the stances taken by other U.S. regulators such as the Financial Crimes Enforcement Network (FinCEN)(virtual currency does not have all of the attributes of real currency) 12, the Securities and Exchange Commission (Bitcoin investments are investment contracts because Bitcoin is a form of money) 13 and the Internal Revenue Service (treating Bitcoin as property for tax purposes).14

The organization found that according to the Illinois Transmitters of Money Act (TOMA), «digital currencies currently do not fit the statutory definitions of «money» and, therefore, do not independently trigger the licensing requirements of TOMA.»

Jahi McMath is a living, severely disabled young lady, who currently fulfills neither the standard diagnostic Guidelines for brain death nor California's statutory definition of death.

Whether it could be brought under any statutory definition of the crime is a question to which we have not the material for an answer.

Justice Baah therefore charged the Electoral Commission to work on a statutory definition of over-voting ahead of the 2020 general elections, to assist the Court in expeditious handling of such cases, and also urged it to train its workers well in election conduct and management.

He said he supports a woman's right to have an abortion, but has voted to defund Planned Parenthood and to ban abortions after 20 weeks, a statutory definition of viability that many physicians place around 24 weeks.

Retailers are evading such bans elsewhere by handing out thicker plastic bags that meet a statutory definition of reusable but are generally in use for less than 20 minutes, then litter the earth for 200 years.

Of late, Cuomo has said the commission had done its job because it prompted state lawmakers in 2014 to create a pilot program for public campaign finance, create an enforcement counsel at the Board of Elections and change the statutory definition of bribery.

Industrial chemicals that meet a statutory definition of EDCs are treated as «Substances of Very High Concern» (SVHC) under REACH.

The FDA, however, claims that picamilon does not meet the statutory definition of a dietary supplement because it is neither a vitamin, nor (in its combined form) a completely organic substance, nor a minor component of foods.

There is no statutory definition of many of the terms used in Proposition 39, such as what constitutes the construction, replacement or furnishing and equipping of school facilities for Proposition 39 purposes.

The centerpiece of the proposed rule would return to the statutory definition of Metropolitan Planning Area (MPA) so that it would include the existing urbanized area (UZA) and the surrounding area forecast to become urbanized over a 20 - year period.

The centerpiece of the rule would return to the statutory definition of Metropolitan Planning Area (MPA) so that it would include the existing urbanized area (UZA) and the surrounding area forecast to become urbanized over a 20 - year period.

NoteWorld's claim that it is not a debt settlement or «debt adjusting» company is particularly outrageous, since it clearly meets the statutory definition for such companies.

The statutory definition of «qualified breeder» excludes, in part, breeders with certain kinds of violations from the USDA within the last three years.

The Court's analysis faithfully follows the argument advanced by petitioners, which focuses on the word «including» in the statutory definition of «air pollutant.»

In a «Dear Colleague» letter last week, Representatives George Miller (D - CA) and Ron Paul (R - TX), sent along an «AlpSnack,» an energy bar that contains hemp seed, to remind members that hemp seed consumption does not interfere with drug - testing (see http://www.testpledge.com) and that sterilized hemp seed and oil are exempted from the Controlled Substances Act (CSA) under the statutory definition of marijuana (just as poppy seeds, commonly consumed on bagels, are exempted under the statutory definition of the opium poppy).

Once it became clear that the interstate commerce clause was sufficient, the tax «hook» was dispensed with, but the location of the statutory definition was kept the same for back compatibility purposes.

There is recognition that such change would be difficult and controversial but it seems obvious that removing the material market advantage would be far more likely to discourage exploitation and evasion than a new statutory definition.

The former process to apply for this type of direction was successfully challenged by Ryanair in the Supreme Court in 2007, so the Industrial Relations legislation was updated in 2015, to include a statutory definition of collective bargaining.

The Superior Court held that the proceeds from the sale of assets were not «income» within the statutory definition.

Since the partnership capital account was acquired prior to separation, it fell within the statutory definition of marital property.

In these cases, the statutory definition of the crime would require proof of actual moral culpability and not simply the equivalent of spitting on the sidewalk.

Instead it suggests that the current Delphic statutory definition of «who is an employee» (namely someone who works under a contract of employment) should be replaced by a more detailed statutory definition reflecting the criteria which has been developed by case law such as the requirement for «mutual obligation» and «control».

In a display of Parliamentary deference I can only describe as bizarre, a 6 - 3 majority of the SCC ruled that although «the concept of consent Parliament has adopted may seem unrealistic», the court was bound to strictly apply the statutory definition of sexual assault which requires that an individual be capable of revoking consent at any time during the course of the sexual activity.

It would be unfortunate if a modern day statutory definition of this kind did not give courts and tribunals sufficient flexibility for the law to address new ways of working in the future.

Interestingly, it considers potential future developments in charity legislation and cites commentary from Lord Hodgson's 2012 review of charity law, noting Lord Hodgson's recommendation not to pursue a statutory definition of public benefit.

Statute of Elizabeth) wherein the preamble to the act contained the first statutory definition of charitable uses.

The point being made here is that in cases where there is no real statutory definition of T, there is an obvious tendency to fill this void, by visiting upon this non-defined T, the standard and tired labour law narrative.

The judge concluded that the well known common law test expounded in Masterman - Lister v Brutton & Co [2002] EWCA Civ 1889, [2003] 3 All ER 162 and the statutory definition, are essentially the same test.

The court affirmed the long - held tenet of statutory interpretation that Commonwealth agencies should not be included in a statutory definition unless specifically mentioned.

A contract could explicitly override that definition, but without such a clause, the statutory definition is evidence of what the objective meaning of the term is taken to be.

(f) In Compagnie Noga D'Importation et D'Exportation SA v Abacha [2001] 3 All ER 513 Rix LJ stated that Barrell's formula was not a statutory definition and should not be turned into a straitjacket at the expense of the interests of justice and that a formula of «strong reasons» was an acceptable alternative to that of «exceptional circumstances».

(iv) In addressing the questions the court should focus very closely on the language of the statutory provision in question in the context of the statute and in the light of any statutory definition.

The VAT and Duties Tribunal dismissed the taxpayer's subsequent appeal, holding that the statutory definition of face - value voucher did not apply on the facts of the instant case.

If, however, the court utilizes the commencement date of this action, then the IPO benefits are, by statutory definition, marital property.»

Section 153 of the Small Business, Enterprise and Employment Act 2015 amends the Employment Rights Act 1996 (ERA 1996) by inserting a new s 27A banning the use of exclusivity clauses and for the first time giving a statutory definition of a zero hours contract.

This ban has come with the first statutory definition of a zero hours contract.

«lewd» does not appear in the statutory definition of any crime involving obscenity or other sexually oriented materials in the Ohio Revised Code.

[Footnote 2/7] But it supplied no authoritative definition — a disturbing omission in light of the absence of the phrase «lewd exhibition» from the statutory definition section of the Sex Offenses chapter of the Ohio Revised Code.

Shortly after the case was decided, however, the Texas legislature reacted by changing the statutory definition of «practice of law.»

She reported that Rights of Women had issued judicial review proceedings in respect of the domestic violence criteria, arguing that they were unlawful as they effectively narrowed the (quite broad) statutory definition of domestic abuse that has been accepted by the government.

Mr Justice Underhill has now validated the line taken by many of us that, now that we have the modern EU law statutory definition of harassment in place across all heads of discrimination, it is a matter of construing that definition, not of going back to the old case law.

Tax was payable by Mr Hart on «the cash equivalent of the benefit», but the statutory definition of that expression was ambiguous.