: DUAO - Vol 39(1)

DUAO - 2014 - Vol 39(1)

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Developments around the country

DownUnderAllOver is a round-up of legal news from both State and federal jurisdictions, and contains topical articles and short pieces from Alternative Law Journal committees around the country.

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Sex and gender diverse community in the ACT

Amir Pasha Peyrovi
ACT

The ACT Legislative Assembly has recently seen the introduction of the Births, Deaths and Marriages Registration Amendment Bill 2013 (‘the Bill’). The Bill seeks to improve the legal status of the ACT sex and gender diverse community by tabling several important changes.

(2014) 39(1) AltLJ 58

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The ACT Law Reform Advisory Council is reviewing the ACT Discrimination Act 1991.

Simon Rice
ACT

The ACT Law Reform Advisory Council is reviewing the ACT Discrimination Act 1991. The Act was innovative in its day, and still contains some features that are not found in most such laws but that commentators say are preferred, such as avoiding a ‘comparator’ test for proving discrimination. After over twenty years of operation it is appropriate that the content and operation of the law be reviewed, particularly in light of recent reforms in Victoria, and the recent (unsuccessful) process of consolidating federal discrimination laws. The review will engage in a process of public consultation, and submissions on the consultation paper are invited: see ‘Current inquiries’ at — www.lawreform.act.gov.au.

(2014) 39(1) AltLJ 61

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Promotion of commerce: a charitable purpose?

Penelope Swales
Federal

On 1 January 2014, the Charities Act 2013 (Cth) came into force, introducing a statutory definition of charity for federal tax purposes and replacing the Commonwealth’s reliance on over 400 years of common law when administering access to charitable tax concessions.

(2014) 39(1) AltLJ 61

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Changes to legal definition of charitable purpose

Elen Seymour
Federal

The Charities Act 2013 (Cth) and parallel Act the Charities (Consequential Amendments and Transitional Provisions) Act 2013 (Cth) were each passed by the previous Parliament on the 27 June 2013 and received assent on the 29 June 2013. The Acts came into effect on 1 January 2014, despite suggestions from the current Coalition government late last year that a delay in the start date might be welcomed by the not-for-profit sector.

(2014) 39(1) AltLJ 60

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Native Title fishing rights not extinguished by state legislation

Diane Bell
Federal

In Karpany v Dietman [2013] HCA 47, (2013) 303 ALR 216, the Full Bench of the High Court unanimously upheld an appeal by two Narrunga men of South Australia, Owen John Karpany and his son Daniel, on the basis of their native title right to take abalone for their personal use under s 211 of the Native Title Act (‘NTA’). Section 211 of the NTA provides that a law which prohibits a native title holder from hunting, fishing or gathering unless they have a permit does not apply to the native title holder if certain conditions are met. The most significant condition is that the native title activity be undertaken for ‘personal, commercial or non-commercial communal needs’.

(2014) 39(1) AltLJ 60

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