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Civil penalties : emphasising the adjective or the noun

journal contribution
posted on 2006-01-01, 00:00 authored by Anne Rees
In this article the writer argues that recent civil penalty cases demonstrate that a hybrid third way is evolving where the procedure shares some of the features of criminal and civil proceedings. The writer notes the recommendation of the Australian Law Reform Commission that Federal Parliament enact a Regulatory Contraventions Statute of general application and argues that such a statute might assist to provide greater consistency and clarity. The writer notes the debate about whether the courts’ approach is in line with legislative intention, but argues that where there are substantive law protections such as the privilege against a penalty, Parliament must do more than merely refer to the “rules of evidence and procedure for civil matters” and must expressly abrogate these protections if they are not to be available to defendants in such hearings.

History

Journal

Australian business law review

Volume

34

Issue

2

Pagination

139 - 156

Publisher

Law Book Co.

Location

Sydney, N.S.W.

ISSN

0310-1053

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal; C Journal article

Copyright notice

2006, Lawbrook Co.

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