Craig Ryan is a Legal Editor with The Laws of Australia encyclopaedia.
The broad reach of the federal government’s power to detain a person under s 189 of the Migration Act 1958 (Cth) is self-evident. Section 189 requires the detention of a person whom an immigration department official “knows or reasonably suspects” (emphasis added) is an “unlawful non-citizen”. The breadth of this power of detention is underlined ...more
For Part 1 of this series, click here. The 1930s “Great Depression” had seen a monumental waste of human and material resources, and sharpened social and political divisions in Australia. Banks had contributed to the economic collapse through unsound lending practices, while the Commonwealth Bank-sponsored government austerity program, the Premiers’ Plan, exacerbated its effects by ...more
If passed by the Federal Parliament, the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 (Cth) will amend the Australian Citizenship Act 2007 (Cth) to provide for automatic cessation of Australian citizenship in specified circumstances. The Federal Government said the Bill forms part of its “multi-faceted” response to what it described as a rising terrorist ...more
The privilege against self-incrimination is a long-established principle of the criminal law, recognized in both statute and common law. Provision is made for it in each Australian jurisdiction’s Evidence Act. The High Court of Australia has even attributed the status of a human right to the privilege: Environment Protection Authority (NSW) v Caltex Refining Co Pty Ltd ...more
In 1817, Australia’s first bank, the Bank of New South Wales, was established under a charter of incorporation given by the colonial Governor, Lachlan Macquarie. Macquarie saw a bank as being necessary to helping achieve stability in the colonial system of exchange and as ensuring an expanding coinage to underpin economic development. The inherent dialectic ...more