Publications

The ALRC produces a range of publications including:

  • Inquiry Reports,
  • Consultation Papers and Discussion Papers,
  • Newsletters,
  • Analysis Papers, 
  • Handy Explanatory Notes, and
  • ALRC Brief.

 

31.07.2015

Definitions of property

What is ‘property’?7.11       The idea of property is multi-faceted. The term ‘property’ is used in common and some legal parlance to describe types of property that is both real and personal. ‘Real’ property encompasses interests in land and fixtures or structures upon the land. ‘Personal’ property encompasses tangible or ‘corporeal’ things—chattels or goods. It also

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31.07.2015

Protections from statutory encroachment

7.31       Property rights find protection in the Australian Constitution, through the principle of legality at common law, and, to some extent, in international law.Australian Constitution 7.32       The Constitution protects property from one type of interference: acquisitions by the Commonwealth other than ‘on just terms’. Section 51(xxxi) of the Constitution provides that the Commonwealth Parliament may

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31.07.2015

Relevant statutory provisions

7.58       A wide range of Commonwealth laws may be seen as interfering with property rights. Some apply to personal property, some to real property, and some to both. Grouped into areas, provisions affecting personal property will be considered under the following headings: banking laws;taxation;personal property securities;intellectual property laws;criminal laws.7.59       These laws are summarised below. Some

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31.07.2015

Justifications for interferences

7.136   The most general justification for laws that interfere with vested property interests is that the interference is necessary and in the public interest.7.137   Protocol 1, Article 1 of the European Convention provides: Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions

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31.07.2015

Conclusions

7.145   A number of Commonwealth laws may be seen as interfering with vested personal property rights. 7.146   In the constitutional context, the central issue is whether the particular interference by Commonwealth laws amounts to an ‘acquisition’ by the Commonwealth other than on just terms under s 51(xxxi) of the Constitution, which may lead to the

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04.06.2015

Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126)

This Report marks the first major review of ‘connection’ in native title claims—central to native title determinations—since the introduction of the Native Title Act. The Report also examines authorisation of persons bringing native title claims and joinder of parties, and includes 30 recommendations for reform.

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03.06.2015

Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC 126 Summary)

This Summary Report provides an accessible overview of the policy framework and recommendations in the final Report, Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126), tabled on 4 June 2015.This publication is available for purchase in book format.

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16.04.2015

ALRC Brief – April 2015

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13.04.2015

ALRC submission: Proposal for a National Disability Insurance Scheme Quality and Safeguarding Framework

NDIS Quality and SafeguardsPO Box 7576Canberra Business Centre ACT 2610 30 April 2015Dear Sir/Madam,I  refer  to  the  invitation  for  submissions  on  the  Disability  Reform  Council’s  consultation  paper  Proposal  for  a National Disability Insurance Scheme Quality and Safeguarding Framework (the consultation paper).The ALRC makes the following submission in response to the consultation paper. The submission draws on

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10.12.2014

Traditional Rights and Freedoms—Encroachments by Commonwealth Laws (IP 46)

The first consultation document in the ALRC’s ‘Freedoms Inquiry’, a review of Commonwealth laws for consistency with traditional rights, freedoms and privileges.

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