index australian law

[Link] Witness in Ben Roberts-Smith trial objects to questions about alleged murder of Afghan civilian

Read: 1/3/2022 www.theguardian.com

A former SAS soldier has sought to avoid answering questions over allegations he murdered an unarmed Afghan civilian during a raid by Australian troops in 2009, telling the federal court “I object on grounds of self-incrimination”.

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[Link] Facebook appeal over Cambridge Analytica data rejected by Australian court as ‘divorced from reality’

Read: 8/2/2022 www.theguardian.com

Facebook has lost a major battle with the Australian regulator over the Cambridge Analytica scandal, after a court dismissed the social media giant’s claim that it neither conducts business nor collects personal information in the country.

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[Link] Australia’s hard rubbish heroes risk council fines to recycle and re-home their kerbside plunder

Read: 7/2/2022 www.theguardian.com

An abandoned sound system left outside a club. A giant paper elephant 2m long and 1m high. A group of puppets, waiting to be liberated. Annual kerbside cleanup days are, for some, akin to Christmas – a holy time for up-cyclers and “waste warriors” to forage the streets for a speck of gold.

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[Link] 'I talk to 20 Australians a day': Meet Frank, his job is to scam you

Read: 8/12/2021 www.abc.net.au

If you answer your phone and Frank* is on the other end of the line, he'll keep you talking for as long as he can. And Frank has already done his homework before calling you in Australia.

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[Link] Police officer who reported off-duty colleague for taking a gun to a school guilty of public mischief

Read: 28/11/2021 www.theguardian.com

A Sydney highway patrol officer has been found guilty of public mischief after anonymously reporting an off-duty colleague was at a primary school with a gun.

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[Link] NSW laws criminalising secret recordings of animal cruelty ‘too great a burden on speech’, high court hears

Read: 26/11/2021 www.theguardian.com

Laws criminalising the use of secretly recorded vision of animal cruelty and abuse are posing “too great a burden on speech”, animal rights activists have told the high court.

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[Link] Australian cryptocurrency investors can’t be trusted to keep transaction records themselves, the ATO says

Read: 24/11/2021 www.businessinsider.com.au

As first-time investors continue their rush on cryptocurrencies, the Australian Taxation Office (ATO) says it can no longer rely on taxpayers to navigate the complex world of income tax, capital gains, and blockchain record keeping on their own.

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[Link] Court blocks bid to release secret Ben Roberts-Smith report

Read: 23/11/2021 www.abc.net.au

Mr Roberts-Smith is suing The Age, Federal Capital Press and Fairfax Media, which reported serious allegations against him, including multiple unlawful killings in Afghanistan, which he denies.

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[Link] 'Implausible' that father tripped and fell on daughter while sweeping floor

Read: 23/11/2021 www.abc.net.au

An Adelaide man has been found guilty of recklessly causing harm to his newborn baby by violently shaking her. WARNING: This story contains graphic content that readers may find distressing.

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[Link] Clearview AI ordered to delete all facial recognition data belonging to Australians

Read: 14/11/2021 www.theverge.com

Controversial facial recognition firm Clearview AI has been ordered to destroy all images and facial templates belonging to individuals living in Australia by the country’s national privacy regulator.

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[Link] 'Sovereign citizen' posts video after failing to appear in court on firearms offences

Read: 2/11/2021 www.abc.net.au

Solange Goodes, 42, was arrested at her farm in Sandy Creek earlier this year, after police allege she threatened them when they came to the property to check if registered guns were properly secured.

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[Link] Federal police confiscate largest ever haul of ill-gotten cryptocurrency

Read: 31/10/2021 www.smh.com.au

The federal government has netted its largest ever haul of ill-gotten cryptocurrency and will redistribute the $1.2 million to law enforcement and community safety programs.

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[Link] Australia also wants Google to unbundle search from Android

Read: 31/10/2021 arstechnica.com

The Australian Competition and Consumer Commission (ACCC) is the latest government regulatory body to take issue with how Google does business.

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[Link] Historic Drug Bust Found 450 Kilograms of Heroin Among Ceramic Tiles

Read: 19/10/2021 www.vice.com

The heroin, which was believed to be worth at least $140 million, was hidden among ceramic tiles that were being transported in an industrial shipping container addressed to a Melbourne business, border officers confirmed on Saturday.

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[Link] ‘It needs more work’: Liberal MPs call for tougher federal integrity commission

Read: 17/10/2021 www.theguardian.com

A growing number of Liberal MPs are pushing for the government to toughen up its proposed federal integrity commission, amid criticism from the crossbench and experts that the draft bill is too weak.

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[Link] Advocates say it's 'safer than smoking', but researchers find 'suite' of harmful chemicals in vaping products

Read: 11/10/2021 www.abc.net.au

They are flavoured, colourful and popular with teenagers, but new Australian research is discovering mounting evidence that vapes are also unsafe to use.

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[Link] New law passes giving AFP more power to infiltrate online criminal networks

Read: 25/8/2021 www.news.com.au

Police will have greater powers to infiltrate the dark web to crack down on paedophiles and criminals after a new law passed giving them amped-up surveillance capabilities online.

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[Link] Australian businesses stop reporting ransomware attacks over exfiltration doubts

Read: 24/8/2021 www.itnews.com.au

Australian businesses are incorrectly relying on what they think is a loophole in notifiable data breach laws to avoid reporting ransomware infections.

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[Link] Operating as a company or a sole trader, how much choice do you have?

Read: 23/8/2021 www.smh.com.au

When a business is started there are many decisions to make. These include the type of business structure to use, whether to register for GST, and what is the best way to maximise tax deductions.

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[Link] Australians who live overseas now unable to leave country if they return for visit

Read: 7/8/2021 www.theguardian.com

The Australian government has quietly expanded its ban on Australian citizens leaving the country to include people who are ordinarily residents in another country, meaning that even people who live overseas may not be allowed to leave Australia.

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[Link] Advocates say NSW anti-discrimination laws are failing vulnerable

Read: 7/8/2021 www.theguardian.com

New South Wales’ “terrible” anti-discrimination laws are worse than second-rate and are failing the state’s most vulnerable, a coalition of community and rights groups say.

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[Link] Christian Porter and barrister Sue Chrysanthou may have to pay $500,000 in legal fees to Jo Dyer

Read: 21/7/2021 www.theguardian.com

Christian Porter and his high-profile barrister could be forced to pay more than $500,000 in legal fees to a friend of the woman who accused the former attorney general of raping her three decades ago, a court has heard. Porter strenuously denies the allegation.

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[Link] Darwin man charged with possessing child abuse material allegedly in contact with up to 10 children

Read: 19/5/2021 www.abc.net.au

Detectives from the Joint Anti-Child Exploitation Team (JACET), consisting of members from NT Police and the Australian Federal Police, executed a search warrant on Friday afternoon in the Darwin suburb of Fannie Bay and seized the man's mobile phone.

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[Link] Ben Roberts-Smith threatens to sue ex wife if she speaks to media’s lawyers

Read: 19/5/2021 www.smh.com.au

Ben Roberts-Smith told his former wife he would sue her and seek to overturn a property settlement if she disclosed to lawyers acting against him in a defamation case any information she had agreed to keep confidential, the Federal Court has heard.

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[Link] Christian Porter’s barrister Sue Chrysanthou tries to override her own precedent in the Geoffrey Rush case to get interim suppression orders for Porter

Read: 15/5/2021 kangaroocourtofaustralia.com

The only thing that prevented Christian Porter’s barrister Sue Chrysanthou from being humiliated in court on Friday (7/5/1) is the fact that she has no shame.

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[Link] Australia's eSafety Commissioner will be able to force platforms to get rid of BDSM and fetish content — and Australia's sex industry isn't happy about it

Read: 15/2/2021 www.businessinsider.com.au

The office of the Australia’s eSafety Commissioner has confirmed that a proposed law could be used to force international services to delete online accounts hosting fetish content — but claims that isn’t how the law will be used.

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[Link] Judge rules Australian government's attempt to obstruct Bernard Collaery's use of barrister 'unfair'

Read: 10/2/2021 www.theguardian.com

The federal government’s attempt to use “extraordinary” national security powers to obstruct Bernard Collaery engaging a highly respected barrister in the Timor-Leste spying case is “disturbing” and “unfair”, a judge has ruled.

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[Link] The doctor's itchy underpants and Australia's consumer protection laws

Read: 3/2/2021 www.abc.net.au

This is a cautionary tale about a man not washing his undies, his horrible rash and a snail. While it sounds comical, the irritation in an Adelaide man's pants in 1931 set an important legal precedent in many Commonwealth nations.

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[Link] ‘New low in politics’: Porter slams unions’ anti-IR bill bus ad

Read: 1/2/2021 www.smh.com.au

Attorney-General Christian Porter has called for unions to pull an ad depicting Prime Minister Scott Morrison as a bus driver speeding towards a crowd of workers, saying it is offensive to victims of road accidents in Australia.

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[Link] Businesswoman called 'feminist cretin' by AFR journalist Joe Aston wins $280,000 in defamation case

Read: 27/1/2021 www.theguardian.com

A former managing director of a venture capital firm has been awarded damages of $280,000 by the federal court after it found she was defamed by the Australian Financial Review and columnist Joe Aston.

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[Link] Australian government ordered to pay 1,300 asylum seekers whose details were exposed

Read: 27/1/2021 www.theguardian.com

The Australian government has been ordered to compensate almost 1,300 asylum seekers whose details were mistakenly exposed online in one of the country’s most shocking privacy breaches.

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