Media

Once-in-a-generation rewrite of Queensland's property laws
Queensland's property laws will be replaced with new, modernised legislation, which will include establishing mandatory disclosure rules to make it easier for home buyers. The Property Law Bill, which passed Parliament on 25 October 2023, was informed by the 232 recommendations made by the Queensland University of Technology's (QUT's) Commercial and Property Law Research Centre following its in-depth review of the state's property laws from 2013-18 (25 October 2023). Read more here.

New NBN regulation will promote competition and long-term interests of Australians
The ACCC has accepted NBN Co's latest proposed variation to its Special Access Undertaking (SAU), which includes measures designed to protect consumers from sharp price rises, reduce barriers to entry for new retailers and create incentives to fix systemic issues that drive poor NBN consumer experience. The SAU sets the rules for how broadband providers will access the NBN over the coming decades and will apply until 2040 (17 October 2023). Read more here.

First female chief justice Susan Kiefel retires after 'masterfully' presiding over High Court for six years
Australia's first female High Court chief justice, Susan Kiefel, has bid goodbye to the court, where she has worked for the past 16 years. She was bid farewell on 16 October 2023. Read more here.

Historic hate crime and serious vilification laws passed in Queensland
The public display, distribution or publication of prohibited hate symbols will become a criminal offence in Queensland, significantly strengthening the state's response to hate crimes. The historic laws passed in Parliament on 12 October 2023 will protect Queenslanders from the distress associated with the display of symbols that are representative of an ideology of extreme prejudice against a particular religious, ethnic, gender, or other relevant group (12 October 2023). Read more here.

Independent review of the National Cooperative Scheme on Unexplained Wealth
Mr Andrew Cappie-Wood AO has been appointed to independently review the National Cooperative Scheme on Unexplained Wealth (the National Scheme). The National Scheme allows participating jurisdictions to access information-gathering provisions under the Proceeds of Crime Act 2002 and improves information sharing between the Commonwealth, states and territories in relation to unexplained wealth proceedings and organised crime investigations (12 October 2023). Read more here.

Publications

Justices of the Peace Branch Strategic Plan 2022-2026
On 9 October 2023, the Justice of the Peace Branch released its 2022-2026 Strategic Plan. The strategic direction of the Justices of the Peace Branch is underpinned by the Department of Justice and Attorney General Strategic Plan 2022-26 and the Justice Services Divisional Plan 2022-26. Read more here.

CPI rose 1.2 per cent in the September 2023 quarter
The Consumer Price Index (CPI) rose 1.2 per cent in the September 2023 quarter and 5.4 per cent annually, according to the latest data from the Australian Bureau of Statistics (ABS). Michelle Marquardt, ABS head of prices statistics, said "CPI rose 1.2 per cent in the September quarter, higher than the 0.8 per cent rise in the June 2023 quarter. The rise this quarter however continued to be lower than those seen throughout 2022". Read more here.

Census snapshot shows changes in agricultural workforce
Australia's agricultural workforce is steadily growing and changing, with more women and young people joining the sector. The ABARES Insights Snapshot of Australia's agricultural workforce shows the changing state of the agricultural workforce based on data from the 2021 Census of Population and Housing. Read more here.

ACCC Childcare inquiry 2023
On 1 October 2023, the ACCC released its second interim report for the inquiry into childcare services. This second interim report makes draft findings and recommendations regarding the costs of providing childcare services, the nature of competition in childcare markets, the profitability and viability of the sector, and the effectiveness of Australia's existing price regulation mechanisms in aiding affordability of childcare. Read more here.

Practice

Appointment of additional Members to the Administrative Appeals Tribunal
The Australian Government has appointed 54 additional members to the Administrative Appeals Tribunal (AAT) through a transparent and merit-based selection process, conducted in accordance with the AAT appointment guidelines. These appointments follow the 39 appointments announced on 15 September 2023. Read more here.

Magistrates Courts Practice Direction No. 4 of 2023
This Practice Direction applies to a defendant charged with a prescribed sexual offence under section 7 of the Criminal Law (Sexual Offences) Act 1978 (the Act), whether the defendant was charged before or after the commencement date of 3 October 2023 (s.17 of the Act). The purpose of this Practice Direction is to facilitate procedural consistency in the determination of Applications for Non-Publication Orders. Read more here.

QCAT Practice Direction No. 3 of 2023
The QCAT registry located on Level 11, 259 Queen Street, Brisbane will close on Friday, 22 December 2023 at 4.30pm and re-open on Tuesday, 2 January 2024 at 8.30am. Read more here.

Cases

Alpine Pty Ltd v Brisbane City Council [2023] QSC 233
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the applicant is the registered owner of land that is subject to a Vegetation Protection Order made by the respondent – where the applicant claims that the respondent's decision to approve the Vegetation Protection Order was an improper exercise of power conferred on the respondent by a local law.

Hanna v Secretary, Department of Social Services [2023] FCA 1255
ADMINISTRATIVE LAW – appeal from second level decision of the Administrative Appeals Tribunal (AAT2) – where the AAT2 made findings in relation to the applicant's liability for overpayment of an age pension and the applicable pension rate – where the appeal does not disclose any question of law – whether the AAT2 had jurisdiction – appeal dismissed.

Icon Energy Limited v Chief Executive, Department of Resources [2023] QSC 227
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where a delegate of the respondent refused to accept an application by the applicant to renew its authority to prospect pursuant to the provisions of the Petroleum and Gas (Production and Safety) Act 2004 (Qld) – where the applicant contends that the respondent's delegate made errors of law in assessing and refusing the renewal application – whether the respondent's decision to reject the applicant's renewal application should be set aside.

Infrabuild NSW Pty Ltd v Anti-Dumping Review Panel [2023] FCA 1229
ADMINISTRATIVE LAW – application for review of a decision of the Anti-Dumping Review Panel affirming a decision of the Anti-Dumping Commissioner to terminate an investigation into alleged dumping – whether decision of the Anti-Dumping Review Panel involved an improper exercise of power – whether there was a breach of the rules of natural justice in connection with the decision of the Anti-Dumping Review Panel – whether the Anti-Dumping Review Panel erred in law.

Vanderstock v Victoria [2023] HCA 30
Constitutional law (Cth) – duties of excise – exclusive power of Commonwealth Parliament – Scope and operation of s 90 of Constitution – where s 7(1) of Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) ("ZLEV Charge Act") purported to oblige registered operator of zero or low emissions vehicle ("ZLEV") to pay charge for use of ZLEV on "specified roads" ("ZLEV charge") – where "specified roads" defined to include all roads in Victoria and elsewhere in Australia over which public has right of way.

Legislation

Bills

Bills Introduced – Government
Appropriation Bill (No. 2) 2023
Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023
Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023
Information Privacy and Other Legislation Amendment Bill 2023
Public Records Bill 2023
Transport and Other Legislation Amendment Bill 2023
Victims of Crime Assistance and Other Legislation Amendment Bill 2023

Bills Introduced – Private Member
Crime and Corruption Amendment Bill 2023
Education (General Provisions) (Helping Families with School Costs) Amendment Bill 2023

Bills passed without amendment
Gas Supply and Other Legislation (Hydrogen Industry Development) Amendment Bill 2023

Bills amended during passage
Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023

Bills failed
Liquid Fuel Supply (Minimum Biobased Petrol Content) Amendment Bill 2022

Acts

Acts assented to
Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 No. 26 – Assent 19 October 2023
Gas Supply and Other Legislation (Hydrogen Industry Development) Amendment Act 2023 No. 25 – Assent 19 October 2023

Proclamations commencing Acts made
Proclamation – Police Powers and Responsibilities and Other Legislation Amendment Act (No. 1) 2023 (commencing remaining provisions)
Proclamation No. 1 – Environmental Protection and Other Legislation Amendment Act 2023 (commencing certain provisions)
Proclamation No. 1 – Nature Conservation and Other Legislation Amendment Act 2022 (commencing certain provisions)

Subordinate Legislation

Subordinate legislation notified
Education Legislation (Fees) Amendment Regulation 2023
Proclamation – Police Powers and Responsibilities and Other Legislation Amendment Act (No. 1) 2023 (commencing remaining provisions)
Liquor (Mornington) Amendment Regulation 2023
Proclamation No. 1 – Environmental Protection and Other Legislation Amendment Act 2023 (commencing certain provisions)
Wet Tropics (Consequential Amendments) Amendment Management Plan 2023
Proclamation No. 1 – Nature Conservation and Other Legislation Amendment Act 2022 (commencing certain provisions)
Casino Control and Other Legislation Amendment (Postponement) Regulation 2023
Industrial Relations and Other Legislation Amendment (Postponement) Regulation 2023
Health Legislation Amendment Regulation (No. 2) 2023
Health Practitioner Regulation National Law and Other Legislation Amendment (Postponement) Regulation 2023
Nature Conservation (Protected Areas Management) (Apiary Areas) Amendment Regulation 2023
Nature Conservation and Other Legislation (K'gari) Amendment Regulation 2023
Petroleum and Gas (Safety) (Fee Unit Conversion) Amendment Regulation 2023

Subordinate legislation tabled
Building (Queensland Development Code) Amendment Regulation 2023
Criminal Practice Amendment Rule (No. 2) 2023
Economic Development and Other Legislation Amendment Regulation 2023
Education Legislation (Fees) Amendment Regulation 2023
Liquor (Mornington) Amendment Regulation 2023
Local Government (Gold Coast City Council – Suspension of Councillor) Amendment Regulation 2023
Mutual Recognition (Queensland) (Tasmanian Container Deposit Scheme) Amendment Regulation 2023
Proclamation No. 1 – Environmental Protection and Other Legislation Amendment Act 2023 (commencing certain
provisions)
Proclamation – Police Powers and Responsibilities and Other Legislation Amendment Act (No. 1) 2023 (commencing remaining provisions)
Trans-Tasman Mutual Recognition (Queensland) (NT and Tasmanian Container Deposit Schemes) Notice 2023
Wet Tropics (Consequential Amendments) Amendment Management Plan 2023
Proclamation No. 1 – Nature Conservation and Other Legislation Amendment Act 2022 (commencing certain provisions)

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.