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Can Young People Consent to Sex? (ACT)
Can Young People Consent to Sex? (ACT)
The criminal laws in Australian states and territories are notorious for their lack of consistency. The age at which a person can consent to sex is one example of this. While the age of consent is 16 in most jurisdictions, it stands at 17 in others. Different states have different defences available to charges of…
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Breaching a Family Law Order
Breaching a Family Law Order
When family law orders are made, whether on an interim or a final basis, they are binding on all parties. Breaching a family law order is a serious offence, unless you have a reasonable excuse. When a party breaches an order, the other party has a range of options for enforcing the order or getting…
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Child Exploitation Material Offences (Qld)
Child Exploitation Material Offences (Qld)
There is a range of offences relating to the production and distribution of child abuse material, or child pornography, in all Australian states and territories. There are also offences relating to child pornography under the Commonwealth criminal law. While the term ‘child pornography’ is widely used to refer to this material, in some jurisdictions child…
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Age of Consent (SA)
Age of Consent (SA)
The criminal laws of different states and territories across Australia are notorious for their lack of consistency. One example of this is the age of consent for sexual acts. While the age of consent is 16 in the majority of jurisdictions, it is 17 in South Australia and Tasmania. This applies to penetrative sexual intercourse,…
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Racial Vilification and Section 18C
Racial Vilification and Section 18C
The Racial Discrimination Act 1975 prohibits discrimination on the basis of race in a variety of contexts. The act, which was passed by the Whitlam government in 1975, was amended in 1995 and Section 18C introduced. Section 18C makes it unlawful to do an act in public that is likely to offend, insult or humiliate…
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Is Public Nudity an Offence? (NSW)
Is Public Nudity an Offence? (NSW)
‘Clothing optional’ beaches such as Tyagarah Nature Reserve near Byron Bay are popular with naturalists. However, there have been a number of recent sexual assaults in the vicinity of such designated areas. The Byron Shire Council debated a motion late last year to close the ‘clothing optional’ part of the beach but concluded that public…
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How Cooperation With Police Can Reduce Your Sentence
How Cooperation With Police Can Reduce Your Sentence
When pleading guilty, the two most common questions asked are, “what will my sentence be?” and “what can I do to reduce it?” The legislation which governs sentencing in Queensland is the Penalties and Sentences Act 1992 (PSA). The main items your lawyer will typically advise on are a timely plea of guilty, demonstrated remorse…
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Subpoenas in Family Law Matters
Subpoenas in Family Law Matters
When information is needed from a third party relating to the subject of legal proceedings, a party may issue a subpoena for that information to be provided to the court. There are three types of subpoenas: a subpoena for production, a subpoena to give evidence, and a subpoena for production and to give evidence. Subpoenas…
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