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The Surveillance Devices Act 2007 (NSW) (“the Act”) [1] is a piece of privacy legislation enacted by the Parliament of New South Wales the most populous state in Australia. It replaced the Listening Devices Act 1984 (NSW). [2] The Act makes it an offence to record private conversations apart from in specific and defined circumstances.
In October 1964 the Air Navigation Regulations (Cth), [2] were amended to make them apply to intrastate air navigation by the enactment of regulation 6(1)(f). [3] Regulation 198 prohibited the use of an aircraft in regular public transport operations except pursuant to a licence issued by the Director-General of Civil Aviation, who, according to regulation 199(4), will have regard to the ...
[1] [2] The Law Society has statutory powers and regulates the practice of law in New South Wales. [3] The Law Society of NSW encourages debate and actively drives law reform issues through policy submissions [4] and open dialogue with governments, parliamentary bodies, the courts and the New South Wales Department of Justice. It ensures the ...
Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories. [2] The Australian Constitution sets out a federal system of government.
The inconsistency within the jurisprudence was not addressed until 1920, where the High Court overturned the Railway Servants' case, [4] and affirmed the Steel Rails case, [6] as a result of its ruling in the Engineers' case, [7] holding that the laws of the Commonwealth and the States have full operation within the subjects upon which they have power to legislate, subject to S. 109 in the ...
Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association, known as the Railway Servants Case, [1] is an early High Court of Australia case that held that employees of State railways could not be part of an interstate industrial dispute under the conciliation and arbitration power, [2] applying the doctrine of "implied inter-governmental ...
Unions NSW challenged the act as unconstitutional. During the proceeding, a legislative committee of the NSW Parliament delivered a report recommending that the existing expenditure cap within the act of $20,000 be raised to $198,750. The NSW Government then conceded and submitted to the court that the act should be held invalid in its prior form.
Another was a decision of Justice Gillard of the Supreme Court of Victoria in Giller v Procopets, in which the Court held the law had 'not developed to the point where the law in Australia recognises an action for breach of privacy' [18] Both cases were settled out of court and, as a result, did not proceed to appeal; and so have no value as ...