Legislation

Directory of Legislation

On this page you will find a list of legislation and legislative instruments applicable to compliance management at UNE.  Clicking on the name will take you to more information, where a link is provided.  This may be an external website or document.

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  • Taxation Administration Act 1953 (Cth) - Level 4An Act to provide for the administration of certain Acts relating to Taxation, and for purposes connected therewith. Under this Act false or misleading income tax returns and goods and services tax returns, and false or misleading statements in tax-related documents generally, can attract administrative penalties, or penalty tax, imposed by the Commissioner of Taxation.
  • Taxation Administration Act 1996 (NSW) - Level 4An Act to make general provision with respect to the administration and enforcement of the other taxation laws.

    The following are taxation laws for the purposes of this Act:
    - this Act
    - Betting Tax Act 2001
    - Duties Act 1997
    - Emergency Services Levy Act 2017
    - Gaming Machine Tax Act 2001
    - Health Insurance Levies Act 1982
    - Insurance Protection Tax Act 2001
    - Land Tax Act 1956
    - Land Tax Management Act 1956
    - Parking Space Levy Act 2009
    - Payroll Tax Act 2007

    This Act applies to the University as a statutory body under the Public Finance and Audit Act 1983, and with specific relevance to the Payroll Tax Act 2007 as an "other taxation law".
  • Teacher Accreditation Act 2004 (NSW) - Level 4An Act to make provision for professional teaching standards and the accreditation of teachers in relation to those standards.
  • Telecommunications Act 1997 (Cth) - Level 4This Act regulates telecommunications in Australia. It defines are:
    1. Carriers who must hold a carrier licence and generally are owners of Network Units that are used to supply services to the public;
    2. Carriage Service Providers who supply transmission services to the public over a Network Unit and;
    3. Content Service Providers who supply content over telecommunications network to the public. The University fits into this category through the supply of online content to the public via the internet, with obligations under the Broadcasting Services Act 1992.
    The Australian Communications and Media Authority (ACMA) is the primary regulatory authority for the purposes of this Act. Carriers, engaged by the University, are subject to obligations and must be licensed. Service providers are not licensed but must comply with service provider rules. AARNET Pty Ltd provides network and internet services to the University, and as such has obligations under the Act which include the requirement to hold a carrier licence issued by ACMA to perform this service. The University's provision of online content makes it an Internet Content Host and as such internet activity by the University is regulated by the Broadcasting Services Act 1992 (See separate entry). It is worth noting that the Trade Practices Act 1974 also has implications here as information provided by the University must not be misleading or deceptive (e.g. program and course content provided to potential students).
  • Terrorism (Commonwealth Powers) Act 2002 (NSW) - Level 4This Act refers matters in relation to terrorism to the jurisdiction of the Commonwealth. The Act allows for the application of the Criminal Code Act 1995 of the Commonwealth in determining proceedings for such matters.
  • Tertiary Education Quality and Standards Agency Act 2011 (Cth) - Level 1An Act to regulate higher education. The Tertiary Education Quality and Standards Agency (TEQSA) regulates and assures the quality of Australia's large, diverse and complex higher education sector. From January 2012, TEQSA will register and evaluate the performance of higher education providers against the new Higher Education Standards Framework. The Standards Framework comprises five domains: Provider Standards, Qualification Standards, Teaching and Learning Standards, Information Standards and Research Standards. The Provider Standards and Qualifications Standards are collectively the Threshold Standards which all providers must meet in order to enter and remain within Australia's higher education system.
  • The Poisons Standard (the SUSMP) (Cth) - Level 3The Poisons Standard is the legal title of the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP), a Legislative Instrument consisting of decisions regarding the classification of medicines and poisons into Schedules for inclusion in the relevant legislation of the States and Territories. The Poisons Standard also includes model provisions about containers and labels, a list of products recommended to be exempt from these provisions, and recommendations about other controls on drugs and poisons.
  • Therapeutic Goods Act 1989 (Cth) - Level 4The Act sets out the legal requirements for the import, export, manufacture and supply of therapeutic goods in Australia. It details the requirements for listing, registering or including medicines, medical devices and biological products on the Australian Register of Therapeutic Goods (ARTG), as well as many other aspects of the law including advertising, labelling, and product appearance. The Act is supported by the Regulations, and various Orders and Determinations which provide further details of matters covered in the Act.
  • Threatened Species Conservation Act 1995 (NSW) - Level 4An Act to conserve threatened species, populations and ecological communities of animals and plants. The Act and associated regulations prescribe the criteria for classification of a species, population or ecological community as 'vulnerable, 'endangered', 'presumed extinct', or 'critically endangered'. Further, this legislation provides criteria for activities to be considered 'key threatening process' for the purposes of the Act. The Scientific Committee is established as the body responsible for the above classification of threatened species and is responsible for the compilation of lists contained within the schedules to the Act. Schedule 1 - lists endangered species, populations, ecological communities and species that are presumed extinct for the purposes of the Act. Schedule 1A - lists critically endangered species and ecological communities. Schedule 2 - lists vulnerable species and ecological communities. Schedule 3
    - lists key threatening processes.
    The Act deals with procedural matters for the declaration of a 'critical habitat' and the resulting limitations to activities that may be permitted at a site declared as a 'critical habitat'. The Act has provisions for the preparation, consultation and publication of threatened species priorities action statement, recovery plans, and threat abatement plans, to promote the conservation of threatened species.
    The Act contains a licencing mechanism to allow restricted activity (usually prohibited due to risk of harm or damage to the habitat or population under threat) under certain circumstances and only with express permission of the Director General (through issue of the Licence). Biodiversity certification of environmental planning instruments (EPIs) including local environmental plans, state environmental planning policies and regional environmental plans can be granted under the Act, if the Minister for the Environment is satisfied the plan will provide an overall improvement or maintenance of biodiversity values. Further, the act establishes a biobanking framework including Biobanking agreements and the creation and trading of biodiversity credits counterbalancing the impacts of development to improve or maintain biodiversity values. The University must have regard to this Act, Environmental Planning Instruments and Development Applications in conduct of any development activity impacting threatened species and associated habitats.
  • Trade Marks Act 1995 (Cth) - Level 4The Act establishes the Trade Marks Office (a Commonwealth office), with the Registrar and Deputy Registrar responsible for recording details of registered trade marks in the Trade Marks Register (upon proper processing of an application for such registration). A trade mark can be a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these. A trade mark is used to distinguish the goods and services of one trader from those of another and can also protect a brand name. It is not mandatory to register a trade mark, however, registration of a trade mark establishes the legal right to use, license or sell the trade mark within Australia for the goods and services for which it is registered. Company names, business names and domain names are not the same as trade marks and distinct registration processes exist for them.

    The Act allows for cancellation of registration of a trade mark due to non-use. Where a trade mark has not been used by or on behalf of the registered owner of the trade mark for a period of 3 years, an application for removal from the Trade Marks Register can be made. Further, it is important to ensure that any registered trade marks continue to be regarded as a trade mark. If a trade mark becomes known as the generic name for a particular type of goods or services and ceases to be recognised as a trade mark, an application to the courts to have the registration cancelled may be successful.
  • Trustee Act 1925 (NSW) - Level 4An Act to amend and consolidate the law relating to trustees and trust property; to amend in certain respects the law relating to executors and administrators; to amend the Wills, Probate and Administration Act 1898 and certain other Acts; and for purposes connected therewith.