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Questions tagged [australia]

Questions specific to Australia. For many questions, specifying the state will be required as legislation can be state-specific (notably criminal law).

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1answer
42 views

Can an interest in real property by adverse possession be inherited?

In Australia can someone has a an interest in property by adverse possession bequeath the property to an heir? If so, will that claim be able to defeat the interst of an heir of the legal owner?
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1answer
75 views

Laws surrounding publicly (ish) displaying decoded messages received over radio

POCSAG512, POCSAG1200 and POCSAG2400 is the protocol used by pagers to transmit information to one another. The problem I'm seeing here is that it is not encrypted, only encoded, as any broadcast has ...
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1answer
63 views

How to save marriage when wife's family influence/force for divorce

We both were in relationship from 2010, married in 2017 and were lived together almost 3 years under a roof before our marriage. Her parents were against the marriage because of caste and community ...
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2answers
142 views

Can I legally guess my customer's new credit card expiry date?

As a merchant, I offer online subscription services to my customers. Often, my customer's credit card will expire, despite having an active subscription service to my product. Is it legal for me to ...
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1answer
37 views

Can a private company board of directors issue new shares?

If so, wouldn't this be unfair against shareholders as this would devalue their shares and voting rights?
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1answer
39 views

Can I enter into an IP contract with my own ltd company before having investors in?

I spent 4 years developing an App. Recently I started a Proprietary Limited company (I'm in Australia). Me and my wife are the only directors. Before getting share holders into the company, is it ...
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0answers
39 views

Does a GP sending patient info to a hospital without asking for consent violate medical ethics?

So, let’s say that you went to a General Practitioner (GP) about some pain, got some tests done, and they told you that you were fine; all the tests came back normal. Then, some time later, they look ...
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0answers
13 views

Does the ATO recognise a PayPal business account as a valid business account?

The Australian Tax Office requires that all registered companies have a dedicated bank account for their business. Does the ATO recognise a PayPal business account as a valid business account? I'...
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0answers
13 views

Does working exclusively online with an Australian student visa count towards restriction?

To start it off, I'm an artist who works exclusively online, accepting and charging art commissions on a piece-by-piece basis, and I'm planning to study at Australia. As far as I've searched, the ...
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0answers
89 views

Is port-scanning my own WiFi network illegal in Australia?

I've recently been drawn into pen-testing and port-scanning and I wanted to give it a try. I am unsure of the laws around port-scanning in Australia. Could I get in trouble with my WiFi provider if I ...
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1answer
65 views

Forgery of video [closed]

I am 79 years old and a resident of a four storey building in NSW, comprising of 26 units. The multi-millionaire Chairman of our building's Strata Committee, who lives in the fourth floor’s penthouse ...
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1answer
151 views

Is it legal to pay a ransom?

While kidnapping and extortion are illegal, is it legal to pay such criminals for the release of the person or thing being held? Are there particular circumstances of the payer or payee that make it ...
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1answer
106 views

What recourse do I have against a person falsely claiming to reside at my home?

A relative who has never lived at our house is in the habit of falsely using our home address as their place of residence whenever disclosing their place of residence for legal purposes, rather than ...
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1answer
52 views

Are there any laws in Australia that would stop someone having a doorbell that captured fingerprints

Technology to capture fingerprints is becoming common. One could imagine a doorbell that logs and stores fingerprints of every person who uses the bell. Are there any laws in Australia that would ...
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1answer
54 views

Interpretation of Employment Award

Australia has the General Retail Industry Award: Specifically regarding overtime: http://awardviewer.fwo.gov.au/award/show/MA000004#P778_67718 My question is specifically around overtime for casual ...
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1answer
103 views

Is Uber acting unconscionably in Australia?

Section 6 of Uber's Terms and Conditions for Australian customers requires that all disputes go to arbitration before the International Chamber of Commerce in the Netherlands and that the contract ...
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0answers
26 views

Is it required for web store to have database server located in Australia?

I have an online store. I have been told that Certain privacy laws require documents to be stored on Australian shores. What is exactly required and in what documents is it stated.
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1answer
38 views

Company holding own shares in trust

If the assets of a trust includes shares in a company, can that company be appointed as trustee of that trust? It's not clear to me how section 259A of the Corporations Law works in this situation.
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1answer
65 views

Can I sue Uber for property damage to my mobility device?

I use a mobility device, an electric mobility scooter, to get around as I am temporarily disabled. While using Uber to attend a medical appointment in the Australian Capital Territory, my mobility ...
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1answer
116 views

What can a loss prevention officer legally do in Australia? (NSW)

If someone is apprehended by a loss prevention officer on the way out of say, coles or woolies, what are the legal rights of the LPO and the person being apprehended? For example, if the LPO starts ...
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1answer
30 views

Caching third party images on my website?

I've built a website (actually, an API, but that data will be used on a website) that provides people with real time data they can use in their own websites and apps. One part of that API is a list ...
2
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1answer
111 views

Is an employer allowed to inspect office drawers and cabinets in Australia?

My employer (in New South Wales, Australia) conducts frequent office inspections. Although they used to only look at fire and electrical hazards, the health and safety team (made of employees that ...
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2answers
104 views

Is it legal to publish letters from a lawyer?

Is it legal in Australia to publish letters and emails sent to me by a lawyer on behalf of their Client?
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2answers
79 views

Intentionally Breaching a Contract

Hypothetical Scenario: Suppose I'm a landlord in a contract with a tenant, and I may only inspect the premises if it has been three months since the last inspection. Let's also suppose however that ...
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2answers
71 views

Meaning of “restraint of trade” contract terms?

In a consulting contract is a section on "Restraint of Trade." I've included the entire section for reference but the parts I don't understand are in bold. 12 RESTRAINT OF TRADE 12.1 ...
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1answer
36 views

How to handle contracts for volunteers looking to contribute work to our game project

For some time now, a friend and I have been working on a game project. As a part of my friends university course, they need to demonstrate working to a brief on a major project (which can either be an ...
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2answers
111 views

Does Australia have the same rules regarding succession to the throne as the United Kingdom?

It was pointed out to me that the Queen of the United Kingdom is also the Head of State in Australia (and other commonwealth countries), but she has the separate title of The Queen of Australia. I ...
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1answer
123 views

Can tech companies wishing to prevent secret backdoors discriminate in hiring against Australians?

Australia has passed a law which apparently requires tech workers to develop backdoors which can defeat a company's encryption and security features, without informing their employer, if ordered to do ...
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0answers
38 views

How does one get a Personal Violence Order against someone whose name is not known?

According to the local courts in the Northern Territory, to apply for a PVO the defendant's name and address is required. How does one go about getting a PVO against a neighbour whose name no one in ...
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1answer
65 views

Must an American company comply with Australian surveillance law?

So there is a law called Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 that was recently made law in Australia. From what I have heard about it, it allows the ...
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1answer
19 views

In Victoria, does a LR license held by a P2 allow you to drive a car without probationary plates

If I have a P2 license in Victoria, Australia after 1 year of holding it I become eligable to obtain a Light Rigid truck license. A LR license allows you to drive any vehicle under 12 tons including ...
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1answer
57 views

Is it illegal to say online that a particular individual should be assaulted?

I'm on an online chat system for a game and one player said "Mr X needs to be stabbed in the throat" (actual name changed). The statement was accompanied by an image designed to give maximum offense. ...
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1answer
48 views

Questions regarding laws on technology designed to avoid prosecution?

From my understanding it is illegal to operate a car with a radar detector installed in all states of Australia, but. Is it illegal to posses one if it's not being used? Would there be anything in ...
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1answer
72 views

In Australia is it illegal to consume drugs, or only to possess them?

Specifically in Sydney. I’m wondering if it’s also illegal to be “high”, or if it is only illegal to “possess” prohibited substances? Clearly hopping on the darkweb and ordering an ounce of green or ...
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1answer
38 views

Relative legislation and legal consequences

My exes girlfriends mother accidentally transferred money into an old bank account of mine. I Only discontinued use 3weeks ago Due to opening a joint account with my new girlfriend. The account was ...
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1answer
116 views

What is the legal basis that can prevent a carton being reused in Australia

I came across a box that has the words "Reuse of this carton is prohibited and is punishable by law" With that box in mind, I have a few questions Is this true are there laws that could enforce ...
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1answer
63 views

Will the new australian telecoms bill allow to compel companies to build spy functionality into their software?

According to https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6195_aspassed/toc_pdf/18204b01.pdf companies could be required to enhance their software to allow for spying. They would ...
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1answer
69 views

In Australia are there any legal concerns with parents giving school teachers gifts?

Throughout primary school and kinder I've noticed that around Christmas and sometimes the teachers birthday some parents organise a pool of money to purchase a gift for the teacher. This can result ...
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1answer
74 views

Consumer rights when a refund is not processed correctly

Recently, I have experienced the following sequence of events: I purchased an item from a major Australian retailer "A". I found the same item cheaper at a different retailer "B". Retailer A was ...
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2answers
91 views

Terms and Conditions of Trade - are they really allowed to be so biased toward the supplier?

I'm about to have an air conditioning system installed and the supplier has sent me the the invoice for the deposit, along with a contract which seems to me (as a lay person) to be incredibly severe, ...
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1answer
40 views

Is it legal to electronically sign a rental lease in South Australia?

is it legal to 'electronically sign' a lease / bond arrangement? https://www.docusign.com/how-it-works/legality/global/australia states that it's not legal for "some property transactions in South ...
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1answer
71 views

Does Mabo v the State of Queensland (1992) 175 CLR 1 state that “The Aboriginal people we the traditional owners of the land”?

I'm reading a essay making claims about the case Australian Mabo case from 1992. The essay states: ...the High Court (notwithstanding finding that the Aboriginal people of Australia were the ...
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0answers
43 views

In Victoria Australia can you stand out the front of somebody's house and record what is happening inside?

Generally, in Victoria Australia, anything that occurs in public is open to being recorded by anyone (To my knowledge). However, if you take a video camera or camera phone and aim it through the ...
3
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1answer
218 views

Is it legal for stores to discrimate against customers based on uniform?

I am a legal-aged student in my country (Australia, so I am 18,) after school I enter a liquor store with the intention to purchase. I am stopped at the door and told that I will not be allowed to ...
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0answers
58 views

How to challenge validity of housing inspections in regards to eviction

Jurisdiction is Western Australia. If a landlord is experiencing financial troubles, and is attempting to evict their tenants on false grounds, in order to increase his sale price or make finding a ...
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1answer
31 views

In Australia can you take Personal leave to look after a sick child or partner?

Under Australian employment law are you allowed to take personal leave to look after a sick child or partner? Is personal leave the correct category or does it depend on employment terms?
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1answer
422 views

Is it ILLEGAL to download voyeuristic pornographic videos from websites?

Is it ILLEGAL to download and view voyeuristic pornographic videos from websites. KNOWING that the subjects are 18+.
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3answers
137 views

Is placing the burden of proof on the accused illegal?

The specific situation I'm thinking of is ticket inspectors, but it could apply to other situations. The ticket inspectors assume you are fare evading without evidence (no presumption of innocence) ...
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1answer
193 views

Do I own copyright in a recording I just made?

I am a freelance recording engineer in Australia. I was engaged to make a recording in the expectation I would be paid for my services. After the job, the producer indicated that the job was pro-bono ...
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1answer
304 views

Are date ranges in contracts inclusive or exclusive?

I was recently in a dispute over whether a date range in a lease was inclusive or exclusive of the start and end dates. The wording was: The lease starts on 14/1/2016 The lease ends on 13/1/2017 So ...