Biosecurity Law Reform Bill

Size: px
Start display at page:

Download "Biosecurity Law Reform Bill"

Transcription

1 Biosecurity Law Reform Bill 15 November 2010 ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: BIOSECURITY LAW REFORM BILL 1. We have considered whether the Biosecurity Law Reform Bill (PCO 14587/1.5) ( the Bill ) is consistent with the New Zealand Bill of Rights Act 1990 ( the Bill of Rights Act ). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday, 18 November This Bill is an omnibus Bill that amends the Biosecurity Act 1993, the Maritime Transport Act 1994, the Wild Animal Control Act 1977 and the Wildlife Act It is intended that the Bill will be divided into four separate Bills at the Committee of the Whole House stage. 3. The purpose of this Bill is to provide for: more effective and efficient risk management through interventions targeted at areas of greatest risk and greater use of technology, allowing the Ministry of Agriculture and Forestry ( MAF ) to clear goods and passengers more efficiently at the border and cutting costs by reducing the number of supply chain delays clearer roles and responsibilities and improved collaboration and partnerships through making New Zealand s biosecurity the responsibility of central and local Government, the trade and travel industry, domestic industries with natural resource interests and other stakeholders, and the ability to handle future change and improvements to biosecurity risk management by ensuring that MAF can use electronic systems rather than manual processing at the border which will enable MAF to automate certain biosecurity functions and take advantage of new technologies in the future. The Bill will also allow the responsible Minister to establish a National Policy Direction to manage harmful organisms in the best possible way and ensure that costs of activities are aligned where necessary. The Bill creates specific duties for importers so that they will consider the overall biosecurity risk posed by their goods, rather than just how to meet the requirements for border clearance. The Bill also allows for MAF to enter into an agreement with industry groups that provides for joint decision-making and cost sharing for readiness and incursion response, allowing industry expertise to be brought to the decision-making table. The Bill will also ensure that industry s priorities for expenditure are made clearer. The amendments to the Maritime Transport Act provide for ballast water discharges to be managed and therefore allow New Zealand to ratify the International Convention for the Control and Management of Ships Ballast Water and Sediments.

2 This Bill amends the Wild Animal Control and Wildlife Acts to remove the requirements for regional councils managing pests to meet additional regulatory burdens that are no longer appropriate. We have concluded that the Bill appears to be consistent with the Bill of Rights Act. In reaching that conclusion we have considered potential issues of inconsistency with ss 14 (right to freedom of expression), 21 (right to be secure against unreasonable search and seizure), 22 (liberty of the person) and 25(c) (right to be presumed innocent). Our analysis is set out below. Right to Freedom of Expression Section 14 of the Bill of Rights Act protects the right to freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form. Clause 30 of this Bill substitutes new s 35 into the Biosecurity Act, which will require a person in a biosecurity control area to answer all questions asked by an inspector relating to their personal details or a matter the inspector requires for the purpose of exercising a power, function or duty. This may raise freedom of expression issues because the right also extends to the freedom to not say certain things. [1] Similarly, cl 42 inserts new s 105E into the Biosecurity Act, which will require a person subject to an audit to answer an auditor s questions. We consider that the information required by these provisions is not sufficiently expressive to attract the protection afforded by s 14. In reaching this view we note (while acknowledging the minor differences between s 14 and s 2(b) of the Canadian Charter) the decision of the Supreme Court of Canada in Irwin Toy Ltd v Attorney General (Quebec) [2] that expression has both a content and a form, and the two can be inextricably connected. Activity is expressive if it attempts to convey a meaning. That meaning is its content. Here, the requirement to provide information that is purely factual and only in relation to biosecurity issues rather than matters of opinion, does not appear to be sufficiently expressive in content to attract the protection of s 14. In any event, given the legitimate interest of a State to protect its borders we consider that the limits placed on the right to freedom of expression by this Bill are justified in terms of s 5 of the Bill of Rights Act. Right to be Secure Against Unreasonable Search and Seizure Section 21 of the Bill of Rights Act provides the right to be secure against unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a search or seizure. Second, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are unreasonable in the circumstances. The Bill contains several amendments to the Biosecurity Act relating to powers to search and inspect goods. These include:

3 cl 27 provides that an inspector may require a person arriving in New Zealand to surrender uncleared imported risk goods and make a declaration about their personal and travel details and the goods in their possession cl 30 substitutes new s 35 which provides that a person in a biosecurity control area must answer questions of an inspector, allow an inspector to examine goods and provide their passport or evidence of identity cl 42 inserts new s 105E which provides that an auditor may enter any place of business where any document, activity or thing of relevance to the audit is, or is likely to be, held. The auditor may examine the thing, activity or document and take samples or copies, test or analyse it, including removing documents or records to another place for the purpose of copying them. It also requires a person who has knowledge/control to reproduce information in a usable form from a device or system. This section expressly states that it does not override the privilege against self-incrimination cl 42 inserts new s 105F which provides that an auditor may enter a place of business within or outside business hours, but only at a reasonable time, and must either identify him or herself or leave a prominent notice at the place advising of the day and time of entry and stating the auditor s name. The auditor must prepare a schedule specifying anything taken from the place and where it is to be held, and provide a copy of this to the occupier within 7 days cl 46 inserts new s 116A which provides that an inspector may seize and detain goods or documents with reasonable grounds to suspect they are evidence of the commission of 1 or more offences under other enactments. The inspector must deliver the goods or documents as soon as practicable to a constable or appropriately authorised officer, and cl 48 substitutes new s 120 which provides for the power to intercept risk goods. We consider that the search and seizure powers contained in these provisions appear to be for legitimate and appropriate purposes and are therefore reasonable in terms of s 21 of the Bill of Rights Act. In particular, the provisions under new ss 105E and 105F appear to provide for a reasonable manner of execution of the search in terms of requiring it to be done at a reasonable time and requiring that the auditor must provide certain information to an occupier. It should also be noted that reasonable expectations of privacy may not be so high when a person engages in a highly regulated industry, such as the importation of goods or international travel. Effective regulation may legitimately require making available substantial amounts of business-related information. It may be argued that people have lower expectations of privacy when crossing, or bringing items across, borders than they do at other locations. We also note that judicial review is available as a means to question the lawfulness of a particular search and seizure. If the seizure is found to be unreasonable, the Court can order the return of the unlawfully seized goods or documents. For these reasons, we consider that the search and seizure powers in this Bill appear to be reasonable for the purposes of s 21 of the Bill of Rights Act.

4 Liberty of the Person Section 22 of the Bill of Rights Act provides that everyone has the right not to be arbitrarily arrested or detained. Clause 43 substitutes new s 107 which provides for the power of an inspector to detain a person for the purpose of checking goods. This applies where the inspector suspects on reasonable grounds that a person may be in possession of uncleared or unauthorised goods. The inspector may detain a person for a reasonable period, no longer than 4 consecutive hours, and may use force that is reasonably necessary in doing so. New s 107A provides for the power to detain a person for the purpose of processing entry. New s 107B provides for the power to detain a person for public health or law enforcement purposes where an inspector has reasonable cause to suspect the person is liable to be detained, arrested, or prosecuted, has contravened a specified Act, or is endangering or threatening to endanger the life, health or safety of a person or group of persons. The inspector may detain the person for a period that is reasonable in the circumstances and no longer than 4 consecutive hours. We note that a person will be detained within the meaning of s 22 of the Bill of Rights Act if, amongst other things, there are statutory restraints on a person s movements. However, only those restraints that amount to a substantial intrusion on personal liberty will trigger the concept of detention for Bill of Rights purposes. [3] We consider that, although a person s movement is constrained by the requirement that they remain in a certain place only for the purpose of processing their entry under new s 107A, this does not amount to a detention. The power to require persons to remain at their place of arrival (or departure) ensures compliance with border processing requirements which assists the proper functioning of the border. It cannot be said that this provision imposes a substantial intrusion on personal liberty. We consider that the other powers of detention in new ss 107 and 107B fall within the ambit of s 22 of the Bill of Rights Act, however we do not consider that the provisions could be interpreted as authorising arbitrary detentions. The New Zealand Court of Appeal has stated that a detention is arbitrary when it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures. [4] For this reason arbitrariness should not be equated with against the law, but should be interpreted more broadly to include elements of inappropriateness, injustice and lack of predictability. Applying these standards to the present case, we consider that new ss 107 and 107B clearly set out the circumstances in which the power may be used, who may affect the detention and how long a person may be held. The ability to detain persons who are arriving in or departing New Zealand who are suspected on reasonable grounds to have uncleared or unauthorised goods, or for public health or law enforcement purposes, is both necessary and reasonable.

5 We also took account of the fact that the detention powers are for certain purposes and can only be exercised where there is reasonable cause. The period of detention is also restricted to what is reasonably necessary and in any event to not more than 4 consecutive hours. We consider these to be reasonable safeguards against arbitrary detention. As such, we do not consider that the powers of detention in this Bill are arbitrary in terms of s 22 of the Bill of Rights Act. The Right to be Presumed Innocent Section 25(c) of the Bill of Rights Act provides for the right to be presumed innocent until proved guilty according to law. In R v Wholesale Travel Group [5] the Supreme Court of Canada held that the right to be presumed innocent requires than an individual must be proven guilty beyond reasonable doubt and that the state must bear the burden of proof. The Bill contains several strict liability offences and statutory defences that place an onus on the defendant. [6] In strict liability offences, once the Crown has proved the actus reus, the defendant can escape liability by proving, on the balance of probabilities, either the common law defence of total absence of fault or a similar statutory defence, such as without reasonable excuse. Statutory defences reverse the onus and place the burden of proof on the defendant (i.e. he or she must prove, on the balance of probabilities, the defence). Because the burden is reversed, a defendant who is able to raise doubt as to his or her fault but is not able to prove this to the standard of the balance of probabilities, absence of fault, or reasonable excuse would be convicted. This is contrary to the presumption of innocence captured by s 25(c) of the Bill of Rights Act because the defendant may be convicted even though reasonable doubt exists as to his or her guilt. The provisions that create strict liability offences or statutory defences are set out at new ss 154G, 154K, 154M, and 154N as inserted into the Biosecurity Act by cl 63 of the Bill. A person can avoid liability for paying a fine under the cl 63 offences (up to $500,000 for an individual, or if a body corporate the greater of $10,000,000 or an amount calculated on their turnover or value of commercial gain from the infringing act) where they can show that the failure was necessary for the purpose of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on a natural and physical resource or human health. To avoid liability under the new sections, the defendant s conduct also has to have been reasonable in the circumstances and the defendant must have taken all reasonable steps to mitigate or remedy the effects of the failure. A further defence is available where the failure was due to an unforeseen event beyond the defendant s control and they could not have reasonably taken steps to prevent the event but took reasonable steps to mitigate or remedy the effects of the failure; or where the defendant did not know and could not reasonably have known of the failure.

6 New s 154M is both a strict liability offence and contains a reverse onus defence. New s 154M creates the offence of failing to answer, or giving an incorrect answer to a question put under s 105D(3) (where the Director-General has given the person a notice to appear before an auditor to answer questions). New s 154M contains a defence where the person proves that he or she did not have the information required to answer the question, or where the act that is the subject of the prosecution was due to the act/omission of another person, or was an accident, or some other cause outside the defendant s control, and the defendant took all reasonable precautions to avoid the commission of the offence. New s 154N creates strict liability offences for failing to comply with certain provisions of the Bill. It is a defence to a s 154N offence if the defendant proves that the offence was due to an act or omission of another person, an accident, or other cause outside their control, and that they took all reasonable precautions to avoid the commission of the offence. The reverse onus provision in new s 154K provides that a person is liable in damages if the person causes loss or damage through failing to comply with certain provisions of this Bill. New s 154G provides that the Director-General may apply to the High Court for an order that a person pays a pecuniary penalty where that person has failed to comply with certain provisions of this Bill. We consider that these offence provisions prima facie limit the right to be presumed innocent. Is this a justified limit under s 5 of the Bill of Rights Act? Where a provision is found to be prima facie inconsistent with a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if it can be considered a "reasonable limit" that is justifiable in terms of section 5 of that Act. Following the guidance of the New Zealand Supreme Court decision of Hansen v R, the s 5 inquiry may be summarised as: [7] (a) does the objective serve a purpose sufficiently important to justify some limitation of the right or freedom? (b) If so, then: i. is the limit rationally connected with the objective? ii. does the limit impair the right or freedom no more than is reasonably necessary for sufficient achievement of the objective? iii. is the limit in due proportion to the importance of the objective? In addition to the factors listed above, we consider the following factors are relevant in assessing whether the strict liability offences can be justified under s 5 of the Bill of Rights Act: (a) the nature and context of the conduct to be regulated

7 (b) the ability of the defendant to exonerate themselves and the risk of conviction of an innocent person; and (c) the penalty level. The objective of the previously identified strict liability or reverse onus provisions is to provide penalties for failure to comply with New Zealand s biosecurity regime. The Ministry of Agriculture and Forestry advises that biosecurity is critical to New Zealand s prosperity and way of life as, more than any other developed country, New Zealand depends on the success of its primary industries and the biosecurity system that underpins them. Providing penalties to incentivise compliance with New Zealand s biosecurity system appears to be a sufficiently important purpose. The limit on the right to be presumed innocent can be said to be rationally connected to the integrity of New Zealand s biosecurity system in terms of the creation of strict liability offences, as reversing the onus may be an appropriate way to deter offending and/or hold people accountable for their failure to comply. The offences relate to certain activities that require the participant to display a level of care where failure to display that care may lead to harm to the public. Reversing the onus can be justified where the penalty faced is at the lower end of the scale and where the information that goes to the defence is peculiarly within the knowledge of the defendant. [8] We consider that the offences in the Bill relate to public welfare regulatory matters which result only in fines, and that any reason for a failure to meet the required standard of care or behaviour is likely to be peculiarly within the knowledge of the defendant. As such, we consider that the offences are rationally connected to the Bill s objective. We consider that the creation of these reverse onus offences minimally impair the right to be presumed innocent as the penalties are towards the lower end of the spectrum in that they result only in fines, albeit the maximum level of fine available is relatively high. The maximum penalty of $500,000 in s 154H is consistent with similar provisions regarding pecuniary penalties in the Hazardous Substances and New Organisms Act We understand that one of the key factors behind taking a pecuniary penalty proceeding instead of criminal proceedings is where the defendant has made significant financial gains from their offending or where there are economic incentives to offend. Further, there are statutory defences provided in the Bill and it appears that it would be possible and practical for a defendant to make out a defence as provided. The availability of practical defences limits the impairment of the right to be presumed innocent. We consider that as these strict liability offences are of a public welfare regulatory nature and relate to matters that are peculiarly within the knowledge of the defendant, reversing the onus is justified. Given the stated importance of New Zealand s biosecurity system and that the limit on the right to be presumed innocent is considered to be only minimally impairing, we consider that these provisions are in due proportion to the importance of the objective they are intended to serve.

8 Conclusion We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel. Jeff Orr Chief Legal Counsel Office of Legal Counsel Footnotes: 1. RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th) 2. [1989] 1 SCR Police v Smith & Herewini [1994] 2 NZLR 306, 316 (CA) (Richardson J) 4. Neilsen v Attorney-General [2001] 3 NZLR 433 (CA) para DLR (4th) 161, 188 citing R v Oakes [1986] 1 SCR See s 67(8) of the Summary Proceedings Act The proportionality test under s 5 of the Bill of Rights Act, as applied in Hansen v R [2007] NZSC 7 [123], draws on the test articulated by the Canadian Supreme Court in R v Oakes [1986] 1 SCR 103, R v Edwards Books and Art Ltd [1986] 2 SCR 713 and R v Chaulk [1990] 3 SCR See for example, Hansen, at [42] per Elias CJ; [64] and [79] per Blanchard J; [103], [104] and [120]-[138] per Tipping J; [185] and [217] per McGrath J; and [272] per Anderson J. 8. See, for example, Sheldrake v Director of Public Prosecutions [2005] 1 AC 264, and R v Wholesale Travel Group In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Biosecurity Law Reform Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.

Consistency with the New Zealand Bill of Rights Act 1990: Conservation (Infringement System) Bill

Consistency with the New Zealand Bill of Rights Act 1990: Conservation (Infringement System) Bill LEGAL ADVICE LPA 01 01 21 1 February 2017 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Conservation (Infringement System) Bill Purpose 1. We

More information

LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: FREEDOM CAMPING BILL

LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: FREEDOM CAMPING BILL Freedom Camping Bill 10 May 2011 ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: FREEDOM CAMPING BILL 1. We have considered whether the Freedom Camping Bill (PCO

More information

Climate Change Response (Emissions Trading) Amendment Bill

Climate Change Response (Emissions Trading) Amendment Bill Climate Change Response (Emissions Trading) Amendment Bill 9 November 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: CLIMATE CHANGE RESPONSE (EMISSIONS TRADING)

More information

LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: MISUSE OF DRUGS AMENDMENT BILL

LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: MISUSE OF DRUGS AMENDMENT BILL 12 MARCH 2010 ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: MISUSE OF DRUGS AMENDMENT BILL 1. We have considered whether the Misuse of Drugs Amendment Bill ( the

More information

Bail Amendment Bill 2012

Bail Amendment Bill 2012 Bail Amendment Bill 2012 4 May 2012 Attorney-General Bail Amendment Bill 2012 PCO15616 (v6.2) Our Ref: ATT395/171 1. I have reviewed this Bill for consistency with the New Zealand Bill of Rights Act 1990.

More information

Electoral (Finance Reform and Advance Voting) Amendment Bill

Electoral (Finance Reform and Advance Voting) Amendment Bill Electoral (Finance Reform and Advance Voting) Amendment Bill 19 April 2010 ATTORNEY-GENERAL Electoral (Finance Reform and Advance Voting) Amendment Bill (PCO 14213/9.0): Consistency with the New Zealand

More information

Consistency with the New Zealand Bill of Rights Act 1990: Outer Space and High Altitude Activities Bill

Consistency with the New Zealand Bill of Rights Act 1990: Outer Space and High Altitude Activities Bill LEGAL ADVICE LPA 01 01 21 7 September 2016 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Outer Space and High Altitude Activities Bill Purpose

More information

Taxation (Annual Rates for , Research and Development, and Remedial Matters) Bill

Taxation (Annual Rates for , Research and Development, and Remedial Matters) Bill Taxation (Annual Rates for 2015-16, Research and Development, and Remedial Matters) Bill 13 February 2015 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights

More information

21. Creating criminal offences

21. Creating criminal offences 21. Creating criminal offences Criminal offences are the most serious form of sanction that can be imposed under law. They are one of a variety of alternative mechanisms for achieving compliance with legislation

More information

CHAPTER 4 NEW ZEALAND BILL OF RIGHTS ACT 1990 AND HUMAN RIGHTS ACT 1993 INTRODUCTION

CHAPTER 4 NEW ZEALAND BILL OF RIGHTS ACT 1990 AND HUMAN RIGHTS ACT 1993 INTRODUCTION 110 CHAPTER 4 NEW ZEALAND BILL OF RIGHTS ACT 1990 AND HUMAN RIGHTS ACT 1993 Background INTRODUCTION The New Zealand Bill of Rights Act 1990 (Bill of Rights Act) affirms a range of civil and political rights.

More information

Consistency with the New Zealand Bill of Rights Act 1990: Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill

Consistency with the New Zealand Bill of Rights Act 1990: Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill LEGAL ADVICE LPA 01 01 21 24 November 2016 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Children, Young Persons, and Their Families (Oranga Tamariki)

More information

Electoral Amendment Bill

Electoral Amendment Bill Electoral Amendment Bill 5 February 2009 Attorney-General Electoral Amendment Bill: Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/95 1. I have reviewed the Electoral Amendment

More information

Enhancing Identity Verification and Border Processes Legislation Bill (PCO 19557/14.0) Our Ref: ATT395/252

Enhancing Identity Verification and Border Processes Legislation Bill (PCO 19557/14.0) Our Ref: ATT395/252 2 10 June 2016 Attorney-General Enhancing Identity Verification and Border Processes Legislation Bill (PCO 19557/14.0) Our Ref: ATT395/252 1. We have reviewed this Bill for consistency with the New Zealand

More information

Border Security Bill. 2 May Attorney-General. Border Security Bill PCO5147/13 Our Ref: ATT114/1124(19)

Border Security Bill. 2 May Attorney-General. Border Security Bill PCO5147/13 Our Ref: ATT114/1124(19) Border Security Bill 2 May 2003 Attorney-General Border Security Bill PCO5147/13 Our Ref: ATT114/1124(19) 1. I have considered the Border Security Bill for consistency with the New Zealand Bill of Rights

More information

PART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS. The Human Rights Act 1998 and the Criminal Justice System

PART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS. The Human Rights Act 1998 and the Criminal Justice System PART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS Chapter 2: The Human Rights Act 1998 and the Criminal Justice System Outline 2.1 Introduction 2.2 The European Convention on Human Rights the essential background

More information

Hazardous Products Act

Hazardous Products Act 1-1 HPA Section 1 - Short Title Hazardous Products Act An Act to prohibit the advertising, sale and importation of hazardous products. Short Title 1. This Act may be cited as the Hazardous Products Act,

More information

Chapter 391. International Trade (Fauna and Flora) Act Certified on: / /20.

Chapter 391. International Trade (Fauna and Flora) Act Certified on: / /20. Chapter 391. International Trade (Fauna and Flora) Act 1979. Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. Chapter 391. International Trade (Fauna and Flora) Act 1979. ARRANGEMENT OF SECTIONS.

More information

Outer Space and High-altitude Activities Bill

Outer Space and High-altitude Activities Bill Outer Space and High-altitude Activities Bill Government Bill Explanatory note General policy statement The Outer Space and High-altitude Activities Bill (the Bill) establishes a regulatory regime to govern

More information

ATTORNEY-GENERAL. Report of the. under the New Zealand Bill of Rights Act 1990 on the Education (Protecting Teacher Title) Amendment Bill

ATTORNEY-GENERAL. Report of the. under the New Zealand Bill of Rights Act 1990 on the Education (Protecting Teacher Title) Amendment Bill J.4 Report of the ATTORNEY-GENERAL under the New Zealand Bill of Rights Act 1990 on the Education (Protecting Teacher Title) Amendment Bill Presented to the House of Representatives pursuant to Section

More information

Immigration Amendment Bill (No.2)

Immigration Amendment Bill (No.2) Immigration Amendment Bill (No.2) 22 August, 2003 Attorney-General LEGAL ADVICE IMMIGRATION AMENDMENT BILL (NO 2): CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990 INTRODUCTION 1. We have considered

More information

Compliance approach in the Product Emissions Standards Bill 2017

Compliance approach in the Product Emissions Standards Bill 2017 Guidance Note Compliance approach in the Product Emissions Standards Bill 2017 The Product Emissions Standards (PES) Bill 2017 establishes a national framework to enable Australia to address the adverse

More information

Criminal Procedure (Reform and Modernisation) Bill 2010

Criminal Procedure (Reform and Modernisation) Bill 2010 Digest No. 1819 Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister,

More information

IN BRIEF SECTION 1 OF THE CHARTER AND THE OAKES TEST

IN BRIEF SECTION 1 OF THE CHARTER AND THE OAKES TEST THE CHARTER AND THE OAKES TEST Learning Objectives To establish the importance of s. 1 in both ensuring and limiting our rights. To introduce students to the Oakes test and its important role in Canadian

More information

Agricultural Compounds and Veterinary Medicines Amendment Act 2007

Agricultural Compounds and Veterinary Medicines Amendment Act 2007 Medicines Amendment Act 2007 Public Act 2007 No 93 Date of assent 17 October 2007 Commencement see section 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Title Commencement Principal Act amended Contents Part 1

More information

Antisocial Behaviour etc. (Scotland) Bill

Antisocial Behaviour etc. (Scotland) Bill Antisocial Behaviour etc. (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section PART 1 ANTISOCIAL BEHAVIOUR STRATEGIES 1 Antisocial behaviour strategies 3 Reports and information 3A Scottish Ministers

More information

The Non-Discrimination Standards for Government and the Public Sector. Guidelines on how to apply the standards and who is covered

The Non-Discrimination Standards for Government and the Public Sector. Guidelines on how to apply the standards and who is covered The Non-Discrimination Standards for Government and the Public Sector Guidelines on how to apply the standards and who is covered March 2002 Table Of Contents INTRODUCTION... 4 WHAT IS THE AIM OF THESE

More information

S G C. Reduction in Sentence. for a Guilty Plea. Definitive Guideline. Sentencing Guidelines Council

S G C. Reduction in Sentence. for a Guilty Plea. Definitive Guideline. Sentencing Guidelines Council S G C Sentencing Guidelines Council Reduction in Sentence for a Guilty Plea Definitive Guideline Revised 2007 FOREWORD One of the first guidelines to be issued by the Sentencing Guidelines Council related

More information

Chapter 11 The use of intelligence agencies capabilities for law enforcement purposes

Chapter 11 The use of intelligence agencies capabilities for law enforcement purposes Chapter 11 The use of intelligence agencies capabilities for law enforcement purposes INTRODUCTION 11.1 Earlier this year, the report of the first Independent Review of Intelligence and Security was tabled

More information

Sentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes

Sentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes Examinable excerpts of Sentencing Act 1991 as at 10 April 2018 1 Purposes PART 1 PRELIMINARY The purposes of this Act are (a) to promote consistency of approach in the sentencing of offenders; (b) to have

More information

Agency Disclosure Statement

Agency Disclosure Statement Regulatory Impact Statement Order of inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 Agency Disclosure Statement This Regulatory Impact Statement

More information

ATTORNEY-GENERAL. Report of the. under the New Zealand Bill of Rights Act 1990 on the End of Life Choice Bill

ATTORNEY-GENERAL. Report of the. under the New Zealand Bill of Rights Act 1990 on the End of Life Choice Bill J.4 Report of the ATTORNEY-GENERAL under the New Zealand Bill of Rights Act 1990 on the End of Life Choice Bill Presented to the House of Representatives pursuant to Section 7 of the New Zealand Bill of

More information

WHY WE ARE REVIEWING THE ACT

WHY WE ARE REVIEWING THE ACT WHY WE ARE REVIEWING THE ACT In this section we summarise Customs current role and why we believe new legislation is needed to enable us to respond and adapt effectively to new technologies, business practices

More information

Departmental Disclosure Statement

Departmental Disclosure Statement Departmental Disclosure Statement Health Practitioners Competence Assurance Amendment Bill The departmental disclosure statement for a government Bill seeks to bring together in one place a range of information

More information

(see Compliance auditing )

(see Compliance auditing ) Term Absolute liability Achieve compliance Administrative action Administrative settlement Admiralty Grading System Admissible evidence (see also Evidence) Adverse events Appeal Appreciation Audit Authority

More information

WILD ANIMALS IN TRAVELLING CIRCUSES (SCOTLAND) BILL [AS AMENDED AT STAGE 2]

WILD ANIMALS IN TRAVELLING CIRCUSES (SCOTLAND) BILL [AS AMENDED AT STAGE 2] WILD ANIMALS IN TRAVELLING CIRCUSES (SCOTLAND) BILL [AS AMENDED AT STAGE 2] REVISED EXPLANATORY NOTES INTRODUCTION 1. As required under Rule 9.7.8A of the Parliament s Standing Orders, these revised Explanatory

More information

Offender Management Act 2007

Offender Management Act 2007 Offender Management Act 2007 CHAPTER 21 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 7 50 Offender Management Act 2007 CHAPTER 21 CONTENTS

More information

Code of Practice Issued Under Section 377A of the Proceeds of Crime Act 2002

Code of Practice Issued Under Section 377A of the Proceeds of Crime Act 2002 Code of Practice Issued Under Section 377A of the Proceeds of Crime Act 2002 Presented to Parliament under section 377A(4) of the Proceeds of Crime Act 2002 Code of Practice Issued Under Section 377A

More information

March 3, Lorna Milne, M.P. Chair Senate Legal and Constitutional Affairs Committee Senate of Canada Ottawa ON K1A 0A4. Dear Ms.

March 3, Lorna Milne, M.P. Chair Senate Legal and Constitutional Affairs Committee Senate of Canada Ottawa ON K1A 0A4. Dear Ms. March 3, 1999 Lorna Milne, M.P. Chair Senate Legal and Constitutional Affairs Committee Senate of Canada Ottawa ON K1A 0A4 Dear Ms. Milne, I am writing on behalf of the National Criminal Justice Section

More information

Protection of Wild Mammals (Scotland) Bill

Protection of Wild Mammals (Scotland) Bill Protection of Wild Mammals (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 Prohibition and offences 2 Exception: control and protection of species 3 Exception: retrieval and location 4 Arrest, search

More information

The Charter of Rights and Freedoms

The Charter of Rights and Freedoms The Charter of Rights and Freedoms Introduction - Sources of Rights and Freedoms In this section you'll learn about the importance of the Canadian Charter of Rights and Freedoms and human rights legislation

More information

Police Newsletter, July 2015

Police Newsletter, July 2015 1. Supreme Court of Canada rules on the constitutionality of warrantless cell phone and other digital device search and privacy. 2. On March 30, 2015, the Ontario Court of Appeal ruled police officers

More information

Introduction Crime, Law and Morality. Key Principles: actus reus, mens rea, legal personhood, doli incapax.

Introduction Crime, Law and Morality. Key Principles: actus reus, mens rea, legal personhood, doli incapax. Introduction Crime, Law and Morality Key Principles: actus reus, mens rea, legal personhood, doli incapax. Objective Principles: * Constructive-murder rule: a person may be guilty of murder, if while in

More information

Supplementary Order Paper

Supplementary Order Paper No 343 House of Representatives Supplementary Order Paper Wednesday, 5 July 2017 Key: Bill Proposed amendments for the consideration of the Committee of the whole House this is inserted text this is deleted

More information

REGULATORY IMPACT STATEMENT IMMIGRATION ACT: COMPLIANCE AND ENFORCEMENT

REGULATORY IMPACT STATEMENT IMMIGRATION ACT: COMPLIANCE AND ENFORCEMENT REGULATORY IMPACT STATEMENT IMMIGRATION ACT: COMPLIANCE AND ENFORCEMENT Statement of the Public Policy Objective To ensure immigration legislation creates sufficient and appropriate powers to allow the

More information

Prisoners and Victims Claims (Continuation and Reform) Amendment Bill

Prisoners and Victims Claims (Continuation and Reform) Amendment Bill Prisoners and Victims Claims (Continuation and Reform) Amendment Bill 3 December 2012 Attorney-General Prisoners and Victims Claims (Continuation and Reform) Amendment Bill (PCO 16948/1.7) Our Ref: ATT395/140

More information

Plain Packaging Questionnaire

Plain Packaging Questionnaire Plain Packaging Questionnaire National Group: Contributors: Canada Auerbach, Jonathan Ashton, Toni Date: August 16, 2013 Questions Please answer the following questions. For each of questions 1) 10) below,

More information

Offensive Weapons Bill

Offensive Weapons Bill [AS AMENDED ON REPORT] CONTENTS PART 1 CORROSIVE PRODUCTS AND SUBSTANCES Sale and delivery of corrosive products 1 Sale of corrosive products to persons under 18 2 Defence to remote sale of corrosive products

More information

IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President)

IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President) IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF 2002 [ASSENTED TO 12 JULY 2002] [DATE OF COMMENCEMENT: 16 AUGUST 2002] ACT (English text signed by the President) Regulations

More information

Asylum and Immigration (Treatment of Claimants, etc.) Bill

Asylum and Immigration (Treatment of Claimants, etc.) Bill Asylum and Immigration (Treatment of Claimants, etc.) Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill EN. EUROPEAN CONVENTION ON HUMAN

More information

Counter-Terrorism Bill

Counter-Terrorism Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, will be published separately as HL Bill 6 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Lord West of Spithead has made the following

More information

United Nations Convention against Torture: New Zealand s sixth periodic review, 2015 shadow report

United Nations Convention against Torture: New Zealand s sixth periodic review, 2015 shadow report 13 February 2015 Secretariat of the Committee against Torture United Nations Office at Geneva Office of the UN High Commissioner for Human Rights (OHCHR) CH-1211 Geneva 10 Switzerland cat@ohchr.org United

More information

Official Journal of the European Union. (Legislative acts) DIRECTIVES

Official Journal of the European Union. (Legislative acts) DIRECTIVES 21.5.2016 L 132/1 I (Legislative acts) DIRECTIVES DIRECTIVE (EU) 2016/800 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 11 May 2016 on procedural safeguards for children who are suspects or accused persons

More information

Fiji Islands Extradition Act 2003

Fiji Islands Extradition Act 2003 The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of

More information

Examinable excerpts of. Bail Act as at 30 September 2018 PART 1 PRELIMINARY

Examinable excerpts of. Bail Act as at 30 September 2018 PART 1 PRELIMINARY Examinable excerpts of Bail Act 1977 as at 30 September 2018 1A Purpose PART 1 PRELIMINARY The purpose of this Act is to provide a legislative framework for the making of decisions as to whether a person

More information

Statutes Amendment Bill (No 2) Departmental Report

Statutes Amendment Bill (No 2) Departmental Report Statutes Amendment Bill (No 2) 2017 Departmental Report 30 April 2018 Contents Overview... 2 Summary of recommendations... 3 Clause-by-clause analysis... 5 Part 1 Animal Welfare Act 1999... 5 Part 2 Biosecurity

More information

COOK ISLANDS AVIATION OFFENCES ACT 1973 ANALYSIS. Offences Relating to Aircraft. Taking firearms, explosives, etc., on to aircraft

COOK ISLANDS AVIATION OFFENCES ACT 1973 ANALYSIS. Offences Relating to Aircraft. Taking firearms, explosives, etc., on to aircraft COOK ISLANDS AVIATION OFFENCES ACT 1973 ANALYSIS Title 1. Short Title 2. Interpretation Offences Relating to Aircraft 3. Hijacking 4. Offences in connection with hijacking 5. Other offences relating to

More information

Animal Welfare Act 2006

Animal Welfare Act 2006 Animal Welfare Act 2006 CHAPTER 45 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 9 00 Animal Welfare Act 2006 CHAPTER 45 CONTENTS Introductory

More information

2006 No. 2 AGRICULTURE FOOD. The Official Feed and Food Controls Regulations (Northern Ireland) 2006

2006 No. 2 AGRICULTURE FOOD. The Official Feed and Food Controls Regulations (Northern Ireland) 2006 STATUTORY RULES OF NORTHERN IRELAND 2006 No. 2 AGRICULTURE FOOD The Official Feed and Food Controls Regulations (Northern Ireland) 2006 Made - - - - - 10th January 2006 Coming into operation 11th January

More information

Modern Slavery Bill [AS AMENDED ON REPORT] CONTENTS PART 1 OFFENCES

Modern Slavery Bill [AS AMENDED ON REPORT] CONTENTS PART 1 OFFENCES [AS AMENDED ON REPORT] CONTENTS PART 1 OFFENCES Offences 1 Slavery, servitude and forced or compulsory labour 2 Human trafficking 3 Meaning of exploitation 4 Committing offence with intent to commit offence

More information

Bail Act 1977 Stage Two - to commence 1 July 2018

Bail Act 1977 Stage Two - to commence 1 July 2018 Stage Two - to commence 1 July 2018 Section TABLE OF PROVISIONS Page Part 1 Preliminary 4 1 Short title and commencement 4 1A Purpose 1B Guiding Principles 2 Repeals and savings 5 3 Definitions 5 3AAAA

More information

THE PROTECTION OF BADGERS ACT 1992 (C.51) (SCOTTISH VERSION)

THE PROTECTION OF BADGERS ACT 1992 (C.51) (SCOTTISH VERSION) THE PROTECTION OF BADGERS ACT 1992 (C.51) (SCOTTISH VERSION) SHOWING THE EFFECT OF THE NATURE CONSERVATION (SCOTLAND) ACT 2004 and the Wildlife and Natural Environment (Scotland) Act 2011. (NB This document

More information

APPENDIX. 1. The Equipment Interference Regime which is relevant to the activities of GCHQ principally derives from the following statutes:

APPENDIX. 1. The Equipment Interference Regime which is relevant to the activities of GCHQ principally derives from the following statutes: APPENDIX THE EQUIPMENT INTERFERENCE REGIME 1. The Equipment Interference Regime which is relevant to the activities of GCHQ principally derives from the following statutes: (a) (b) (c) (d) the Intelligence

More information

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT CHAPTER 11:24 Act 39 of 1997 Amended by 7 of 2001 14 of 2004 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 76.. 1/ L.R.O. 2 Ch. 11:24 Mutual

More information

Armed Forces Law Reform Bill

Armed Forces Law Reform Bill Armed Forces Law Reform Bill 23 February 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: ARMED FORCES LAW REFORM BILL 1. Further to our letter of 13 February

More information

Ivory Bill EXPLANATORY NOTES

Ivory Bill EXPLANATORY NOTES Ivory Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Environment, Food and Rural Affairs, are published separately as Bill 21 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS

More information

c t ANIMAL HEALTH ACT

c t ANIMAL HEALTH ACT c t ANIMAL HEALTH ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to April 15, 2017. It is intended for information and reference

More information

Prevention of Terrorism Act 2005

Prevention of Terrorism Act 2005 Prevention of Terrorism Act 2005 2005 Chapter 2 CONTENTS Control orders Section 1 Power to make control orders 2 Making of non-derogating control orders 3 Supervision by court of making of non-derogating

More information

MERCHANT SHIPPING SAFETY

MERCHANT SHIPPING SAFETY MERCHANT SHIPPING SAFETY Merchant Shipping (Health and SafetyGeneral Duties) Regulations 1984 *160 [The Minister] in exercise of powers conferred on him by [section 187 of the Merchant Shipping Act 161

More information

2013 No FOOD, ENGLAND. The Food Safety and Hygiene (England) Regulations 2013

2013 No FOOD, ENGLAND. The Food Safety and Hygiene (England) Regulations 2013 S T A T U T O R Y I N S T R U M E N T S 2013 No. 2996 FOOD, ENGLAND The Food Safety and Hygiene (England) Regulations 2013 Made - - - - 22nd November 2013 Laid before Parliament 3rd December 2013 Coming

More information

The learner can: 1.1 Explain the requirements of a lawful arrest.

The learner can: 1.1 Explain the requirements of a lawful arrest. Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal

More information

Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill

Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill 2 July 2008 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: DISABILITY (UNITED

More information

Table of Contents. Dedication... iii Preface... v Table of Cases... xv. A. General Principles... 1

Table of Contents. Dedication... iii Preface... v Table of Cases... xv. A. General Principles... 1 Table of Contents Dedication... iii Preface... v Table of Cases... xv Chapter 1 Substantive Criminal Law A. General Principles... 1 1. Causation... 1 (a) Causation for Impaired Driving Causing Bodily Harm/Death...

More information

Psychoactive Substances Bill [HL]

Psychoactive Substances Bill [HL] Psychoactive Substances Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as HL Bill 2 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Lord Bates

More information

Introduction. The highly anticipated text of the Irish Data Protection Bill 2018 has been published.

Introduction. The highly anticipated text of the Irish Data Protection Bill 2018 has been published. Key points of the recently published Data Protection Bill February 2018 00 Introduction The highly anticipated text of the Irish Data Protection Bill 2018 has been published. The Bill supplements and gives

More information

CHAPTER VI Prevention and Detection of Offences

CHAPTER VI Prevention and Detection of Offences CHAPTER VI Prevention and Detection of Offences 50. Power of entry, search, arrest and detention. - (1) Notwithstanding anything contained in any other law for the time being in force, the Director or

More information

Youth Justice in New Zealand: Principles and Procedures

Youth Justice in New Zealand: Principles and Procedures Youth Justice in New Zealand: Principles and Procedures 22 July 2009 SUMMARY The Children, Young Persons and Their Families Act 1989 sets out the principles and procedures that apply when a child (aged

More information

SOC 3395: Criminal Justice & Corrections Lecture 3: Criminal Law & Criminal Justice in Canada 1

SOC 3395: Criminal Justice & Corrections Lecture 3: Criminal Law & Criminal Justice in Canada 1 SOC 3395: Criminal Justice & Corrections Lecture 3: Criminal Law & Criminal Justice in Canada 1 * Today we begin considering the role of law in society. This includes such issues as: - what is an offence

More information

If this Judgment has been ed to you it is to be treated as read-only. You should send any suggested amendments as a separate Word document.

If this Judgment has been  ed to you it is to be treated as read-only. You should send any suggested amendments as a separate Word document. Neutral Citation Number: [2005] EWHC 664 (Ch) IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION Case No: Royal Courts of Justice Strand, London, WC2A 2LL Date: Friday 22 April 2005 Before : MR JUSTICE LADDIE

More information

Sunshine Coast Regional Council Local Law No. 1 (Administration) 2011

Sunshine Coast Regional Council Local Law No. 1 (Administration) 2011 Sunshine Coast Regional Council Local Law No. 1 (Administration) 2011 CONSOLIDATED VERSION NO.2 as in force on 5 February 2016 adopted by Sunshine Coast Regional Council on 15 September 2016 pursuant to

More information

(Bill No. 29) An Act to Respond to the Legalization of Cannabis

(Bill No. 29) An Act to Respond to the Legalization of Cannabis HOUSE USE ONLY CHAIR: WITH / WITHOUT 3rd SESSION, 65th GENERAL ASSEMBLY Province of Prince Edward Island 67 ELIZABETH II, 2018 (Bill No. 29) An Act to Respond to the Legalization of Cannabis Hon. J. Heath

More information

Dangerous Goods Safety Management Act 2001

Dangerous Goods Safety Management Act 2001 Queensland Dangerous Goods Safety Management Act 2001 Reprinted as in force on 18 December 2009 Reprint No. 3 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning This

More information

THE CHARTER OF RIGHTS AND FREEDOMS

THE CHARTER OF RIGHTS AND FREEDOMS E S S E N T I A L S OF C A N A D I A N L A W THE CHARTER OF RIGHTS AND FREEDOMS F O U R T H E D I T I O N HON. ROBERT J. SHARPE Court of Appeal for Ontario KENT ROACH Faculty of Law, University of Toronto

More information

Submission to the Foreign Affairs, Defence and Trade Committee on the New Zealand Intelligence and Security Bill

Submission to the Foreign Affairs, Defence and Trade Committee on the New Zealand Intelligence and Security Bill Submission to the Foreign Affairs, Defence and Trade Committee on the New Zealand Intelligence and Security Bill Contact Persons Janet Anderson-Bidois Chief Legal Adviser New Zealand Human Rights Commission

More information

Bill 67 (2015, chapter 31)

Bill 67 (2015, chapter 31) FIRST SESSION FORTY-FIRST LEGISLATURE Bill 67 (2015, chapter 31) An Act mainly to improve the regulation of tourist accommodation and to define a new system of governance as regards international promotion

More information

District of Sicamous. Fireworks Bylaw No. 756, Effective Date June 24, 2009

District of Sicamous. Fireworks Bylaw No. 756, Effective Date June 24, 2009 District of Sicamous Fireworks Bylaw No. 756, 2009 Effective Date June 24, 2009 Consolidated for Convenience Only This is a consolidated version of the parent bylaw that incorporates changes made pursuant

More information

POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE G CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS

POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE G CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS Commencement This Code applies to any arrest made by a police officer after midnight on

More information

CHILDREN S RIGHTS - LEGAL RIGHTS

CHILDREN S RIGHTS - LEGAL RIGHTS I. ARTICLES Article 12, CRC Article 12 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child,

More information

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992 [FEDERAL]

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992 [FEDERAL] PDF Version [Printer-friendly - ideal for printing entire document] TRANSPORTATION OF DANGEROUS GOODS ACT, 1992 [FEDERAL] Published by Quickscribe Services Ltd. Updated To: [includes 2015 Chap. 4 (SI/2016-23)

More information

The presumption of innocence and procedural safeguards for children

The presumption of innocence and procedural safeguards for children The presumption of innocence and procedural safeguards for children Ed Cape Professor of Criminal Law and Practice 1 The presumption of innocence and the right to be present at trial 2 1 The Directive

More information

The learner can: 1.1 Explain the requirements of a lawful arrest.

The learner can: 1.1 Explain the requirements of a lawful arrest. Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal

More information

Offensive Weapons Bill

Offensive Weapons Bill Offensive Weapons Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 232-EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Sajid Javid has

More information

Criminal Liability of Companies. CAYMAN ISLANDS Walkers

Criminal Liability of Companies. CAYMAN ISLANDS Walkers Criminal Liability of Companies CAYMAN ISLANDS Walkers CONTACT INFORMATION Diarmad M Murray Walkers PO Box 265 GT 87 Mary Street, Georgetown Grand Cayman KY1-9001 Cayman Islands, British West Indies Tel:

More information

COMMERCE COMMISSION NEW ZEALAND

COMMERCE COMMISSION NEW ZEALAND («COMMERCE COMMISSION NEW ZEALAND 4 September 2012 Secretariat Commerce Committee Select Committee Office Parliament Buildings Wellington 6011 Dear Sir Commerce Commission submission on the Commerce (Cartels

More information

the general policy intent of the Privacy Bill and other background policy material;

the general policy intent of the Privacy Bill and other background policy material; Departmental Disclosure Statement Privacy Bill This departmental disclosure statement for the Privacy Bill seeks to bring together in one place a range of information to support and enhance the Parliamentary

More information

DRAFT FOR CONSULTATION

DRAFT FOR CONSULTATION DRAFT FOR CONSULTATION Commerce (Cartels and Other Matters) Amendment Bill Government Bill Explanatory note [To come.] [To come.] [To come.] General policy statement Regulatory impact statement Clause

More information

2005 No. [ ] AGRICULTURE, ENGLAND FOOD, ENGLAND. The Official Feed and Food Controls (England) Regulations 2005

2005 No. [ ] AGRICULTURE, ENGLAND FOOD, ENGLAND. The Official Feed and Food Controls (England) Regulations 2005 APPENDIX 1 5th draft : 22..3.05, LEG 24/946 STATUTORY INSTRUMENTS 2005 No. [ ] AGRICULTURE, ENGLAND FOOD, ENGLAND The Official Feed and Food Controls (England) Regulations 2005 Made - - - - 2005 Laid before

More information

Guidance on the use of enforcement action June 2016

Guidance on the use of enforcement action June 2016 Guidance on the use of enforcement action June 2016 Contents Guidance on the use of enforcement action... 1 1. Purpose... 4 2. Background... 5 3. Introduction... 6 3.1 Why SEPA needs enforcement powers...

More information

CHAPTER 10:03 JUVENILE OFFENDERS ACT ARRANGEMENT OF SECTIONS

CHAPTER 10:03 JUVENILE OFFENDERS ACT ARRANGEMENT OF SECTIONS Juvenile Offenders 3 CHAPTER 10:03 JUVENILE OFFENDERS ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Child under ten years. 4. Juvenile courts. 5. Bail of children and young

More information

Occupational Health and Safety Amendment Bill 2011

Occupational Health and Safety Amendment Bill 2011 First print New South Wales Occupational Health and Safety Amendment Bill 0 Explanatory note This explanatory note relates to this Bill as introduced into Parliament. This Bill is cognate with the Work

More information

DANGEROUS GOODS TRANSPORTATION AND HANDLING ACT

DANGEROUS GOODS TRANSPORTATION AND HANDLING ACT Province of Alberta DANGEROUS GOODS TRANSPORTATION AND HANDLING ACT Revised Statutes of Alberta 2000 Current as of March 25, 2010 Office Consolidation Published by Alberta Queen s Printer Queen s Printer

More information