Civil penalties: emphasising the adjective or the noun

Title: Civil penalties: emphasising the adjective or the noun
Creator: Rees, Anne
Relation: Australian Business Law Review Vol. 34, Issue 2, p. 139 - 155
Relation: http://www.thomsonreuters.com.au/catalogue/shopexd.asp?id=656
Publisher: Lawbook Co.
Resource Type: journal article
Date: 2006
Description: In this article the writer argues that recent civil penalty cases demonstrate that a hybrid third way is evolving where the procedure shares some of the features of criminal and civil proceedings. The writer notes the recommendation of the Australian Law Reform Commission that Federal Parliament enact a Regulatory Contraventions Statute of general application and argues that such a statute might assist to provide greater consistency and clarity. The writer notes the debate about whether the courts' approach is in line with legislative intention, but argues that where there are substantive law protections such as the privilege against a penalty, Parliament must do more than merely refer to the "rules of evidence and procedure for civil matters" and must expressly abrogate these protections if they are not to be available to defendants in such hearings.
Subject: civil penalty cases; Australian Law Reform Commission; Regulatory Contraventions Statute; legislative intention
Identifier: uon:2874
Identifier: http://hdl.handle.net/1959.13/31958
Identifier: ISSN:0310-1053

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