Sentences with phrase «territory laws»

In HREOC's consultations, many people considered that the Northern Territory Law Reform Committee's Inquiry should be a first step in an ongoing process.

Recommendation 2: Registration of a relationship under a state or territory law allowing for the registration of relationships should be included in the list of circumstances to be taken into account in determining whether two people are in a de facto relationship in the Evidence Act 1995 (Cth).

As mentioned above, s122 of the Constitution provides the Commonwealth with the power to override territory laws at any time.

So, it is a matter of the political will that is lacking in not repealing both of these indirectly discriminatory territory laws.

Here are some examples: Page 24, note 41: R. v. Cyr, Alberta Law Reports 12, (1917 - 18): 336 Page 62, note 16: R. v. Nan - E-Quis-A-Ka, NWT, Territories Law Reports [cited hereafter TLR] 1 (1889): 211 Page 92, note 1: Valente v.

Where state or territory laws require a licence for the conduct of the game of chance and this licence is not obtained, the supply will not be GST - free.

He also has extensive knowledge of British Overseas Territories law.

Even though any such amendments would have to apply to all land in the jurisdiction to avoid breaching the Racial Discrimination Act 1975, Dodson considered that introducing state or territory laws with such powers in response to the Wik amendments, and therefore primarily for the purpose of acquiring native title, would in fact be discriminatory.

The role of the inconsistency test in determining whether State and Territory laws which authorise dealings in land have a discriminatory impact on native titleholders is illustrated in Miriuwung Gajerrong.

Yet it is within the power of the Federal Government, through its legislative arm, to limit or redress the discriminatory impact of these State and Territory laws through the NTA.

The Evidence Amendment Bill 2008 does not include registration of a relationship under a state or territory law in the circumstances to be taken into account in determining whether two people are in a de facto relationship.

Sex Discrimination Commissioner, Submission to the Northern Territory Law Reform Committee Inquiry into Aboriginal customary law in the Northern Territory, May 2003 — Extract 2 [9] Principles for recognising Aboriginal customary law HREOC has set out the following principles to inform the development of any proposal to recognise Aboriginal customary law.

The Family Law Section of the Law Council of Australia provides a list of State and Territory law societies and bar associations, which can be searched to find a specialist family lawyer in your area.

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you were in a relationship with that that was registered under a prescribed state or territory law

Work through COAG to reform state and territory laws that breach children's rights including mandatory minimum sentencing laws and the holding of children in adult prisons

As the federal parliament did in 1997 when it passed the Euthanasia Laws Act 1997 (Cth) which made euthanasia illegal in the territory after a territory law allowed terminally ill patients to decide when to die.

Part 6 amends Northern Territory law to prohibit relevant authorities, when exercising bail or sentencing discretion in relation to Northern Territory offences, from taking into consideration any form of customary law or cultural practice to lessen or aggravate the seriousness of the criminal behaviour of offenders and alleged offenders.

Family violence orders are usually made under state or territory laws, and are called different things in different states and territories:

State and Territory law societies and bar associations provide some legal practitioners with specialist accreditation in family law.

Family violence orders are made under state or territory laws.

The Native Title Report 2007 also raised the problem that even if commercial native title rights and interests are proven and recognised by the Court, the commercialisation of those native title rights would remain subject to relevant state and territory laws and regulations by virtue of s 211.

The NTA, through the validation and confirmation provisions, marks out a vast area in which State and Territory laws will have full effect to completely or partially extinguish native title.

Yet, despite this immunity, the principles of discrimination outlined above, and the illustration in Miriuwung Gajerrong on how these principles are applied to State and Territory laws, provide a sound basis on which to determine whether the NTA meets the standards of non-discrimination under the RDA.

The NTA then authorises States and Territories to enact complementary legislation providing for the extinguishment or impairment of native title in relation to tenures created under the relevant State or Territory law.

It is notable that the NT intervention legislation also provides that the Minister for Indigenous Affairs can, by non-reviewable legislative instrument, declare that any Territory law related to discrimination continues to have effect in the communities.

As the High Court said in Western Australia v The Commonwealth [5], a law protecting native title from extinguishment must either exclude the application of State and Territory laws or prescribe the areas within which those laws may operate.

Subsequently the NTA has failed to nullify, in accordance with Article 2 of ICERD, the operation of State and Territory laws that have a discriminatory operation in the way in which they extinguish native title.