Currently, an estimated 6 to 7 million tonnes of waste is generated from photovoltaic systems each year. There is presently no legal regulation for the recycling or disposal of solar panels. Moreover, development approvals for solar farms typically do not require the solar panels to be recycled or disposed of in any particular way at their end-of-life. Solar panels contain small amounts of conductive metals, which could cause environmental harm according to section 14 of the Environmental Protection Act 1994 (Qld). Especially of concern are older solar panels which can contain heavy metals such as lead and cadmium. Despite this, Australian solar panels reaching their end-of-life are mostly disposed of in landfills.
There is a lack of regulation regarding the disposal of end-of-life wind turbines, and so most are or will be cut into pieces by machinery and put into landfills. The main difficulty with wind turbine waste is recycling their carbon fibre blades since internal mechanics (the nacelle and tower) contain recyclable components. By 2050, it is estimated that 43 million tonnes of decommissioned wind turbine blades will require disposal. Wind turbine blades can be up to 100 metres long.
In Queensland, wind farm development applications are assessed by the Department of State Development, Infrastructure, Local Government and Planning’s State Assessment and Referral Agency (SARA). SARA uses the State Development Assessment Provisions (SDAPs) to assess wind farm development applications.
In the current version of the SDAPs, State code 23 (Wind farm development) defines the “decommissioning” of a wind farm as when “the wind turbines, site office and any other above-ground infrastructure is removed from the site, and roads, parking areas and foundation pads are covered and revegetated to return the ground to its former state”. There is no obligation for the proponent to be responsible for wind turbine waste. There is also no mentioning of wind turbine waste in the relevant planning guidelines.
The Recycling and Waste Reduction Act 2020 (Cth) (Act) regulates federal product stewardship.
According to section 67, the Environment Minister is required to publish the Minister’s Priority List on the Department of Agriculture, Water and the Environment’s website, which sets out the following:
The Minister’s Priority List is conducted in consultation with each state and territory, and, if any, relevant Centres of Excellence. The Minister may also consult with one or more of the following:
In preparing a list of products for inclusion in the Minister’s Priority List, the Minister may have regard to any matter the Minister considers relevant, including whether consumers are willing to pay for action that reduces the impact that the products have on the environment, and whether taking action to reduce that impact will offer business opportunities to contribute to the economy.
Section 5 of the Act provides for three regimes relating to product stewardship, each of which is designed to encourage or require manufacturers, importers, distributors and other individuals to take responsibility for products:
Photovoltaic systems, listed since 2016-2017, are currently listed on the Minister’s Priority List for 2021-2022. The listing includes photovoltaic panels, inverter equipment and system accessories for domestic, commercial and industrial applications.
The Clean Energy Council proposed a Voluntary Product Stewardship scheme to the Commonwealth Government, but was rejected by the Environment Minister. The current listing on the Minister’s Priority List requires that an industry-agreed nationwide scheme design must be finalised by June 2022 and operational by June 2023. The federal government aims to consult industry over the next six months about how to achieve this.
Product stewardship is not currently being considered for the management of waste from end-of-life wind turbines.
While a similar product stewardship scheme occurs under the Waste Reduction and Recycling Act 2011 (Qld), it seems likely that national schemes for regulating waste in the renewable energy sector will be prioritised. Queensland will only consider state-based product stewardship schemes where there is no prospect of, or case for, a national solution, and that there is evidence that the Queensland community demands action.
While the Environment Minister’s listing of solar panels on the Minister’s Priority List puts pressure on the renewable energy industry to demonstrate that it will manage photovoltaic waste through an industry-led product stewardship arrangement, we expect that there will be opportunities for government to become involved as regulation of renewable energy waste increases.
Although the end-of-life disposal of photovoltaic systems may increase costs, there will be many benefits as regulation increases. For example, the potential to increase recovery of valuable resources through recycling initiatives, and the opportunity to further sustainability goals by diverting material from landfill and reducing hazardous materials in the waste stream which may cause environmental harm.
While waste from wind turbines pose less risk of environmental harm, we expect that similar regulation of wind turbine waste will occur over time, creating similar opportunities.
Holding Redlich has expertise in the waste industry with experience in funding, applications and approvals, environmental assessment and prosecutions, the legislative framework for renewables and recyclable projects, contract review and dispute resolution.
Authors: Gerard Timbs & Nicola Nearhos
Govt tightens bonus rules after NBN Co gifts staff $78m
Rules governing bonus payments in the public sector have been tightened by the government after revelations NBN Co handed out almost $78 million to staff last financial year (13 August 2021). More...
ACMA warning about tax phone scams
The ACMA is warning consumers to be wary of tax phone scams attempting to obtain personal or financial details. These messages will commonly include links to click on to provide personal and/or financial information to receive fake refunds. The scammers then use the info to carry out financial crime or identify theft (13 August 2021). More...
Gender equality forefront of Government agenda
Gender equality in Queensland is front and centre of a new strategy to be developed by the Palaszczuk Government focussing on the economic security; safety; and health of women and girls across the state (13 August 2021) . More...
Funeral price transparency under the spotlight
Protecting Queenslanders financially when they are organising a funeral is at the forefront of the Palaszczuk Government’s new options paper set to protect vulnerable Queensland consumers (13 August 2021). More...
Amendments needed to sexual discrimination bill
The Law Council acknowledges the publication of Senate Education and Employment Legislation Committee’s Report on the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021. However, the Law Council believes that amendments are necessary for the Bill to achieve its stated objectives (12 August 2021). More...
Simple law reform significantly reduces District Court workload
A simple change to allow certain offences to be prosecuted in the Local Court, rather than requiring them to be heard in the Higher Courts, has reduced the workload of the District Court by over 1,000 matters in 18 months and a significant reduction in the time it takes to finalise these matters (12 August 2021). More...
COVID-19 vaccinations and the workplace
The Morrison Government is continuing to support Australians through the pandemic and is encouraging employers and employees to work together on the issue of COVID-19 vaccination for Australian workers (12 August 2021). More...
LCA: Government to reinstate measures allowing for virtual meetings and electronic document execution
Steps taken by the Australian Government to reinstate temporary measures that will allow companies to use technology to meet regulatory requirements to hold general meetings, distribute meeting related materials and validly execute documents are positive moves for business and the investing public (11 August 2021). More...
Continuous disclosure laws pass Parliament
The temporary measures that allowed companies and their officers to only be liable for civil penalty proceedings where they acted with “knowledge, recklessness or negligence” are now permanent (11 August 2021). More...
Telstra, Optus, TPG to face court over underperforming FTTN services
Telstra, Optus and TPG are to be brought before the federal court over allegations they mishandled fibre-to-the-node customers with underperforming services. Evidence for the cases came from Telstra self-reporting breaches, and from underperformance data collected by the commission’s whitebox speed test program (09 August 2021). More...
Govt targets 'pile-on attacks', encrypted comms in new online safety rules
The federal government has laid out the minimum safety expectations that ‘big tech’ companies will need to adhere under its controversial online safety laws to minimise abusive or harmful content online (09 August 2021). More...
Significant new funding for the justice system to close the gap
Over $25 million in targeted investments will be directed towards reducing the overrepresentation of adult and youth Aboriginal and Torres Strait Islander people in the criminal justice system (Targets 10 and 11) (07 August 2021). More...
Online account takeover bill faces 33 changes to pass parliament
Parliament’s intelligence and security committee has recommended a number of changes to proposed laws that would hand federal authorities unprecedented online account takeover powers (06 August 2021). More...
LCA: Closing the Gap: additional funding a step in the right direction
A new funding package worth over $1 billion and announced by the government as part of the Closing the Gap Implementation Plan, is a good start but still does not address the level of need within the community (06 August 2021). More...
National approach to prevent elder abuse needs to be a priority
Committed to tackling elder abuse occurring across the country, a national Roundtable convened by the Law Council of Australia, has recommended that the Commonwealth, state and territory Attorneys-General make the development of nationally consistent laws governing enduring powers of attorney a priority (06 August 2021). More...
PJCIS in agreement with the Law Council
The recently tabled PJCIS Advisory Report on the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 has overwhelmingly endorsed the key reforms recommended by the Law Council of Australia. The Committee’s recommendations recognise and agree with the Law Council’s primary concern that the proposed legislative framework does not meet the essential requirements of proportionality (06 August 2021). More...
Investigation into Optus
The OAIC is investigating Singtel Optus Pty Ltd (Optus) over data breaches involving publication of Optus customer details in the White Pages under the Privacy Act 1988 (06 August 2021). More...
Experts call for rethink of COVIDSafe app
A group of technology and privacy experts have backed the ongoing utility of a Bluetooth-based contact tracing app in Australia, but say more needs to be done to make COVIDSafe fit for that purpose (06 August 2021). More...
Commission welcomes ParentsNext Inquiry recommendations
The Australian Human Rights Commission has welcomed the release of the Parliamentary Joint Committee on Human Rights’ Inquiry report on the ParentsNext program, which makes two recommendations, including that participation in the ParentsNext program be voluntary, rather than compulsory (05 August 2021). More...
Keeping kids safe and well: National Children's Commissioner consulting with children, young people and their families
Keeping kids safe and well - your voices is a national consultation project which will inform the first five-year implementation plan to the National Framework for Protecting Australia’s Children (2009-2020) successor plan. Children and young people had valuable insights to inform policy development, and they had a right to have their views heard (05 August 2021). More...
Experts warn 2021 census will be a magnet for cyber criminals
Cyber adversaries around the world will be targeting this year’s census, which is certain to come under attack again, cyber security experts say. A report by Australian National Audit Office released last November concluded that planning for the 2021 census had been only partly effective (05 August 2021). More...
ACMA steps up fight against illegal online gambling
The ACMA has stepped up its efforts to combat illegal online gambling by blocking websites that promote and drive traffic toward online casino type services. The ACMA has asked Australian internet service providers (ISPs) to block these affiliate advertising websites, which typically present themselves as independent reviewers of gambling services (04 August 2021). More...
Regional recovery boosted with community grants
Queensland’s economic recovery in the regions is set to get a boost with the Palaszczuk Government announcing the successful recipients of round 109 of the Gambling Community Benefits Funds grants program (04 August 2021). More...
Parents warned to keep children off-line
The Australian Human Rights Commission (AHRC) has called on parents around Australia to protect their children from surveillance by online monitors who begin collecting data about the children from the day they are born (02 August 2021). More...
Update to the family law profession: Commencement of the new FCFCOA
The Family Court of Australia and Federal Circuit Court of Australia released information outlining changes to court operations that will occur on the commencement of the Federal Circuit and Family Court of Australia (FCFCOA) from 1 September 2021. The attached provides an overview of changes to the FCFCOA’s harmonised rules, practice directions, forms and website.
Australian Public Service Commission (APSC): Performance bonus guidance
Principles governing performance bonus use in Commonwealth entities and companies, 13 August 2021.
Under the new bonus rules, which will apply from 2021-22, entities will need to exercise “rigour and restraint” and only use bonuses “in limited circumstances, justifiable to the parliament and the public”. View the issued guidance.
Nomination to the International Court of Justice
11 August 2021 - The independent Australian National Group– has nominated Professor Hilary Charlesworth AM FASSA for election as a Judge of the International Court of Justice.
Appointment to the Federal Circuit Court of Australia
7 August 2021 - Ms Allyson Ladhams has been appointed as a judge of the Federal Circuit Court of Australia (FCC).
Reappointment of Australian Information Commissioner and Privacy Commissioner
6 August 2021 - Ms Angelene Falk has been reappointed as Australian Information Commissioner and Privacy Commissioner for a period of three years.
Strengthening Australia’s cyber security regulations and incentives: Discussion paper
Interested stakeholders are invited to provide a submission to the discussion paper, Strengthening Australia’s cyber security regulations and incentives. Submissions on the discussion paper can be made via our submission form before 27 August 2021. Quick summary here. More...
ACMA Consultation: Consumer vulnerability: expectations for the telco industry - consultation 27/2021
We want to create a statement of expectations for the telco industry to improve outcomes for vulnerable consumers. Closing date 08 September 2021. More...
ACMA Consultation: Proposal to amend Do Not Call Register (Access Fees) Determination 2017 - consultation 29/2021
We invite your comments on the Do Not Call Register cost-recovery arrangements. Closing date 20 August 2021. More...
Department of Infrastructure, Transport, Regional Development and Communications: Draft Online Safety (Basic Online Safety Expectations) Determination 2021 consultation
We are seeking submissions on an exposure draft of the Online Safety (Basic Online Safety Expectations) Determination 2021. The draft determination sets out the government’s demands for providers that offer a social media service, “relevant electronic service” or “designated internet service”, including the nine principle-based “core expectations” included in the Act. View the consultation and consultation paper Submissions to the consultation close on 15 October 2021.
Law Council update
The Law Council produces a fortnightly newsletter which highlights the Law Council's important activities and advocacy, along with any relevant media and events stakeholders would be interested in. More...
Law Council of Australia Submissions
29 July 2021— Law Council
Use of the term ‘good faith’ in civil penalty and criminal offence provisions in Commonwealth legislation
21 July 2021— Law Council
Discussion Papers – Approach to Liability and Governance Issues
21 July 2021— Law Council
A new decision-making framework for property matters in family law
Issue No. 16/2021, 9 August 2021
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions.
OAIC: Our FOI disclosure log
The information described in our disclosure log has been released by the OAIC under the Freedom of Information Act 1982 (FOI Act): updated 06 August 2021. More...
Legal and Constitutional Affairs Legislation Committee
Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019
Status: Accepting Submissions Date Referred: 17 June 2021 Submissions Close: 20 August 2021
Reporting Date: 31 December 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill 2021
Reporting Date: 13 August 2021
Select Committee on Foreign Interference through Social Media
Foreign Interference through Social Media
Select Committee on Foreign Interference through Social Media to inquire into and report on the risk posed to Australia’s democracy by foreign interference through social media. The committee is to present its final report on or before the second sitting day of May 2022 The closing date for submissions is 31 October 2021.
Strengthening Australia’s cyber security regulations and incentives
On 13 July 2021, the Australian Government opened consultation on options for regulatory reforms and voluntary incentives to strengthen the cyber security of Australia’s digital economy. Interested stakeholders are invited to provide a submission to the discussion paper, Strengthening Australia’s cyber security regulations and incentives. Submissions on the discussion paper can be made via our submission form before 27 August 2021. More...
Queensland Courts are open and hearing cases - 11 Aug 2021
Masks are required to be worn in courthouses in South East Queensland
If you have a lawful reason not to wear a mask, please contact the local courthouse before attending to discuss how we can support your court appearance or provide court services
Coroners Court of Queensland practice direction 1 of 2021 11 Aug 2021
Coroners Court practice direction 1 of 2021 - Electronic devices in courtrooms
Magistrate Court of Queensland practice direction 3 of 2021 02 Aug 2021
Magistrate Court of Queensland practice direction 3 of 2021 - Protected counselling communications (02 August 2021
13/08/2021 Supreme Court Judge appointed new Senior Judge Administrator
Queensland Supreme Court Judge Justice Helen Bowskill has been appointed the court’s new Senior Judge Administrator.
OIC Qld: Privacy case note #2, 2021: Health service refuses to remove references about prior medical diagnosis
The complainant had been in prolonged discussions with a health service over what she perceived to be a medical misdiagnosis recorded on her medical file. The doctor involved subsequently retracted their diagnosis and the complainant requested that all references to the diagnosis be removed. The health service refused the request to preserve the historical integrity of medical records (09 August 2021). More...
QAO: We are changing the way we report on internal controls
Internal controls are the people, systems, and processes that ensure an entity can achieve its objectives, prepare reliable financial reports, and comply with applicable laws. (05 August 2021). More...
Department of Justice and Attorney-General - Recording & Transcription Services
The Department of Justice and Attorney-General is moving to a new way of delivering recording and transcription services across Queensland Courts and Tribunals. For information on the changes, due to be implemented by the end of 2021, please refer to the attached.
Reminder: Commission into Institutional Responses to Child Sexual Abuse
The scheme aims to overcome communication barriers and create a more accessible justice system by providing intermediaries to assist witnesses with communication needs to give their best evidence. The scheme will commence in Brisbane and Cairns in July 2021 and will operate as a two-year pilot program.
Advisory report on the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020
Parliamentary Joint Committee on Intelligence and Security; handed down on 12 August 2021
Changes include greater oversight of the new powers by both the committee and watchdogs, and a level of assurance the laws will only be used to target the most serious of offences. If passed in its current form, both agencies will be able to take control of a person’s online account to gather evidence about serious offences, as well as to add, copy, delete or alter material.
ParentsNext: examination of Social Security (Parenting payment participation requirements – class of persons) Instrument 2021
Parliamentary Joint Committee on Human Rights’ Inquiry report: released August 2021
The report, makes two recommendations, including that participation in the ParentsNext program be voluntary, rather than compulsory. The Commission said that the compulsory method was flawed and there were less restrictive alternative approaches available, such as incentive based models.
Australian Government COVID-19 disaster payments: a quick guide
Michael Klapdor; Parliamentary Library Research Publication: 04 August 2021
This Quick Guide was updated on 4 August 2021 to reflect changes to the COVID-19 Disaster Payment, and provides background to both COVID-19 disaster payments setting out their eligibility criteria, payment rates, and administration arrangements.
The second tranche of the Table Offences Reform: Impacts on District and Local Court finalisations, time to finalisation and sentencing outcomes
Clare Ringland; Bureau Brief No. BB156: August 2021
Court processes and delay; Evaluation reports; Sentencing - court processes and delay, legislative evaluation, sentencing. More...
The impact of the Early Appropriate Guilty Plea reforms on guilty pleas, time to justice, and District Court finalisations
Ilya Klauzner and Steve Yeong; Crime and Justice Bulletin No. CJB240: August 2021
Court processes and delay; Evaluation reports - Court processes and delay, Legislative evaluation, District Court. More...
Early Appropriate Guilty Plea reform program - Process evaluation
Lily Trimboli, Crime and Justice Bulletin No. CJB238: August 2021
Evaluation reports; Court processes and delay - early guilty pleas, process evaluation, charge certification, criminal case conferencing, continuous legal representation, sentencing discounts, court delay. More...
CCC Corruption Strategy 2021-25
CCC: 04 August 2021
The CCC’s Corruption Strategy 2021-25 will ensure that our work is insightful and innovative, transparent and rigorous, and collaborative. More...
Corruption Audit Plan - 2021 - 2023
CCC: 09 August 2021
Audits planned for 2021-2023 will focus on misuse of public resources, recruitment, and complaint management practices. More...
ABA National Brief – 09 August 2021
The ABA issues regular news updates to its members. More...
Nettle v Cruse  FCA
DEFAMATION – where respondent was alleged to have posted online publications in the form of reviews and commentary containing defamatory imputations concerning the applicant and his surgical practice – where online publications were made using false names – where respondent was unable to be personally served by the applicant – where respondent failed to file a defence or appear but service deemed to have been effected – where respondent had previously admitted to being responsible for some of the publications – whether online publications contained defamatory imputations – whether publications conveyed imputations that the applicant was dishonest, unethical and incompetent – where imputations were found to have been conveyed – where imputations conveyed in the online publications were found to be defamatory
DAMAGES – where applicant was found to have been defamed by online publications – where damages and injunctive relief sought for defamation – where applicant was found to have suffered substantial loss or damage as a result of the defamatory publications – relevant principles regarding the assessment of damages for defamation – where damage to the applicant as a result of defamation significantly affected the applicant’s personal, business and professional reputation – where defamatory publications caused hurt to feelings and emotional and mental distress to the applicant – where applicant awarded compensatory and aggravated damages – where applicant granted permanent injunctive relief restraining respondent from republishing content containing defamatory imputations 2. The respondent pay the applicant damages for non-economic loss, including aggravated damages, assessed at $450,000.
Karmakar v Minister for Health (No 2)  FCA 916
ADMINISTRATIVE LAW – Health Insurance Act 1973 (Cth) – application for judicial review of exercise of power by the Director of the Professional Services Review Agency to refer the applicant to a committee – whether the Director was obliged to disclose the identity of a practitioner consulted pursuant to s 90 of the Act – where s 89C(1)(b)(i) of the Act requires the Director to provide a report to the applicant – held: the Director discharged the procedural fairness duty by the provision of that report – whether the exercise of power by the Director ought to have been made in reference to an “objective standard” – where the standard specified in s 82(1)(a) is a professional evaluative standard – held: the Director correctly exercised her power in reference to “inappropriate practice”
ADMINISTRATIVE LAW – Health Insurance Act 1973 – application for judicial review of exercise of power by the Committee to find the applicant had engaged in inappropriate practice – whether the exercise of the power by the Committee ought to have made in reference to an “objective standard” – held: the Act only requires that the Committee’s evaluation be reasonable – whether the Committee took into account the incompleteness of records – held: the Committee’s report makes clear issue taken into account – where the applicant makes various claims that the Committee’s decision affected by bias and procedural unfairness – where none of allegations made out – application dismissed
PRACTICE AND PROCEDURE – application for judicial review of exercise of power by Chief Executive to request the Director to review the applicant and by Director to decide to undertake that review – whether application brought pursuant to the Judiciary Act 1903 (Cth) in the alternative – where statement of claim and submission exclusively refer to the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where Court proceeds on basis that jurisdiction solely conferred by ADJR Act – held: particular exercises of power by the Chief Executive and Director “wholly procedural” and not amenable to review because they were not decisions to which ADJR Act applies
CONSTITUTIONAL LAW – where applicant submits that s 106ZR of the Health Insurance Act 1973 is invalid – whether s 106ZR unreasonably burdens political communication and goes beyond legislative purpose – where enactment of Pt VAA of the Health Insurance Act 1973 supported by s 51(xxiiiA) or s 51(xxxix) of the Constitution – where Act provides for disclosure in various forms – where Act does not prevent the applicant from calling witnesses or adducing statements before the Committee – where Act does not prevent disclosure by applicant that she is subject to a determination or public discussion that the applicant considers the process unfair – held: s 106ZR is not incompatible with the requirements of responsible government – application dismissed.
Patrick and Secretary, Department of Prime Minister and Cabinet (Freedom of Information)  AATA 2719
FREEDOM OF INFORMATION – review of the refusals by the Department of Prime Minister and Cabinet to give access to documents to minutes of the National Cabinet – whether documents are exempt documents pursuant to s 34(1) of the Freedom of Information Act 1982 (Cth) (the FOI Act) – consideration of the meaning of “committee of the Cabinet” – whether National Cabinet is a committee of the Cabinet – whether documents are conditionally exempt documents pursuant to s 47B of the FOI Act because their disclosure would or could reasonably be expected to cause damage to relations between the Commonwealth and a State – decisions set aside – order for access made.
AA v State of Queensland (Office of Industrial Relations)  QCAT 258
HUMAN RIGHTS – PRIVACY LEGISLATION – where respondent conceded there had been a breach of privacy caused by an employee of the respondent disclosing information to a third party without the applicant’s consent – whether disclosure was malicious – whether payment of compensation should be ordered
Information Privacy Act 2009 Qld s 176, s 178, Schedule 3; Queensland Civil and Administrative Tribunal Act 2009 Qld s 100, s 102; Public Service Act 2008 Qld s 175.
Revolve Property & Anor v Walsh & Anor  QCAT 256
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor civil dispute – tenancy dispute – adjournment of hearing – where Applicants applied to terminate Respondents’ residential tenancy agreement for objectionable behaviour – where Registry served Application on Respondents by post – where Registry simultaneously served Notice of Hearing on parties by post – where matter allocated 15 minutes’ hearing time in accordance with standard listing practice for termination applications - where Respondents filed Counter-application for orders for repairs and maintenance, rent reduction, reimbursement of expenses, and compensation – where dispute of substantial complexity - where both applications urgent at least in part – where Respondents applied for order for legal representation – where orders for legal representation of parties made – where dispute and evidence complex - where Applicants applied for adjournment on receipt of Counter-application and Respondents’ affidavits and documents – where Respondents opposed application for adjournment – whether adjournment appropriate and consistent with tribunal objects and functions for quick justice in the circumstances – where adjournment granted with orders in the nature of directions for efficient management of proceedings – principles underpinning decision to adjourn hearing.
Queensland Civil and Administrative Tribunal Act 2009 Qld s 3(b), s 4(c), s 28(3)(a), 28(3)(d) and 28(3)(e), s 28(4), s 29
Valuers Registration Board of Queensland v Murphy  QCA 159
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – OTHER CASES – where the applicant board constituted under the Valuers Registration Act 1992 (Qld) (the Act) gave notice that it intended to take disciplinary action against the respondent registered valuer – where the respondent requested the board refer the matter to the Queensland Civil and Administrative Tribunal (QCAT) pursuant to s 52(2)(c)(iii) of the Act – where the board performs a statutory function in dealing with the request – whether sections 50, 51 and 52 of the Act impose a duty on the board to make the referral to QCAT upon receiving the request
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – OTHER CASES – where the applicant board constituted under the Valuers Registration Act 1992 (Qld) (the Act) gave notice that it intended to take disciplinary action against the respondent registered valuer – where the respondent requested the board to refer the matter to QCAT pursuant to s 52(2)(c)(iii) of the Act – where there was no time period specified in the Act for making the referral – where the board referred the matter to QCAT five months after the respondent’s request – where the QCAT member struck out the proceeding because the board did not refer the matter to QCAT “as soon as possible” pursuant to s 38(4) of the Acts Interpretation Act 1954 (Qld) (AIA) – where the QCAT appeal tribunal dismissed the board’s appeal – whether a breach of s 38(4) of the AIA invalidates the referral – whether the Tribunal erred in striking out the proceeding
Acts Interpretation Act 1954 Qld s 24AA, s 38, s 49A
Queensland Civil and Administrative Tribunal Act 2009 Qld s 6, s 9, s 34, s 35, s 36, s 47, s 48, s 61, s 150, s 164
Electoral Legislation Amendment (Party Registration Integrity) Bill 2021
HR 12 August 2021 - The Bill amends the registration eligibility requirements for a federal non-Parliamentary party. These amendments increase the minimum membership requirements for registration from 500 to 1500 unique members. The Bill also amends the prohibitions regarding registrable names, abbreviations, and logos.
Electoral Legislation Amendment (Political Campaigners) Bill 2021
HR 12 August 2021 - The Bill reduces the thresholds for electoral expenditure that can be incurred by an individual or organisation before they are required to register as a political campaigner. The amendments are intended to enhance public confidence in Australia’s political processes by aligning transparency requirements for political actors who seek to influence the outcome of an election to more closely resemble those for political parties, candidates, and members of Australian Parliament.
Ransomware Payments Bill 2021 (No. 2)
HR 12 August 2021 - Bill to establish a mandatory reporting requirement for Commonwealth entities, State or Territory agencies, corporations, and partnerships who make ransomware payments in response to a ransomware attack. The Bill will require entities who make a ransomware payment to notify the ACSC of key details of the attack, the attacker, and the payment.
Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021
HR 12 August 2021 - Amends the Criminal Code Act 1995 to extend the operation of the declared areas provisions for a further 3 years and the control order regime and the preventative detention orders (PDO) regime for a further 15 months; Intelligence Services Act 2001 to provide that the Parliamentary Joint Committee on Intelligence and Security may review the operation, effectiveness and proportionality of the declared areas provisions prior to their sunset date; Crimes Act 1914 to extend the operation of the stop, search and seizure powers for a further 15 months; and Independent National Security Legislation Monitor Act 2010 to extend the reporting date for the Independent National Security Legislation Monitor’s review of continuing detention orders for high risk terrorist offenders to as soon as practicable after 7 December 2021.
Charter of the United Nations Amendment Bill 2021
HR 11 August 2021 - The Amendment Bill clarifies the process by which CT listings are made and puts beyond doubt any question of the application and enforceability of validly made listings to ensure that Australia’s Part 4 COTUNA counter-terrorism legislative framework is able to operate as intended by Parliament to prevent and respond to the financing of terrorism.
Human Rights (Targeted Sanctions) Bill 2021
Senate 11 August 2021 - The purpose of this Bill is to provide a framework for nominations of persons responsible for serious human rights abuses or serious corruption to the Foreign Minister, requiring a statement as to whether the Australian Government will impose targeted sanctions on those persons.
Human Rights (Children Born Alive Protection) Bill 2021
HR 09 August 2021 - The Bill seeks to enshrine an offence for health practitioners that contravene the duty to provide medical care or treatment to a child born alive. More explicitly, the Bill codifies the duty and conduct of medical professionals.
International Human Rights and Corruption (Magnitsky Sanctions) Bill 2021
Senate 03 August 2021 - A Bill for an Act to enable Australia to impose sanctions to promote compliance with international human rights law and respect for human rights or to deter significant corruption, and for related purposes.
Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021
Introduced by: Hon Y D'Ath MP on 16/06/2021
Stage reached: 2nd reading to be moved on 6/08/2021
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.