100 recent changes in NTLawHbk Web retrieved at 16:47 (AEST)
ChildrenAndYoungPeople
in NTLawHbk
ABBREVIATIONS USED IN THIS CHAPTERBDM: Registrar of Births, Deaths and MarriagesBDMRA: Births, Deaths and Marriages Registration Act 1997CCA: Criminal Code ActCEO...
SharedOwnership
in NTLawHbk
5.5 Shared ownership and Everyone lives communally. Even citizens who own freehold blocks in the suburbs or rural areas have to adapt their living patterns to t...
GovernmentHousingAssistance
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5.2 Government housing assistance and The NT Government provides assistance to help people obtain affordable and appropriate housing. The main forms of assistan...
MentalHealth
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Mental health and Unlike other users of the health system, those suffering or thought to be suffering from a mental illness or mental disturbance can be broug...
PlanningAndDevelopment
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Planning and development and The use and development of land is regulated by two statutory schemes, the first related to planning and the second to environmenta...
Pollution
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Pollution and Pollution laws The laws in the NT relating to the regulation of pollution are contained in a range of Acts, regulations and by laws (mostly at th...
EnvironmentPlanningAndLandLaw
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Environment, planning and land law and This chapter covers those areas of law that regulate: * our interaction with the natural environment * planning arr...
MigrationAgentsRegistrationScheme
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Migration agents' registration scheme , and From 21 September 1992, anyone who uses knowledge of migration procedures to advise, make representations on behalf ...
Reviews
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Reviews , and Appeals to the Administrative Appeals Tribunal Where the minister signs a deportation order against a permanent resident convicted of a crime (as ...
RemovalAndDeportation
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Removal and deportation , and Who may be removed? Unlawful non citizens are subject to automatic removal from Australia under the Migration Act. All persons wi...
Citizenship
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Citizenship , and The Australian Citizenship Act 1948 (Cth) was replaced on 1 July 2007 by the Australian Citizenship Act 2007 (Cth) ('ACA'). The new Act and Mig...
TheRefugeeAndHumanitarianProgram
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29.4 The Refugee and Humanitarian Program Under Australia's humanitarian program approximately 13,000 visas are made available to people recognised as refugees or...
ChangingStatus
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29.2 Changing status A visitor or temporary resident in Australia may apply for a change of status to another temporary visa or a permanent visa. Whether the temp...
EntryToAustralia
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Entry to Australia , and Visas Non citizens entering Australia are required to have visas, which are permits that can allow either temporary or permanent stay....
LegalActionsByPrisoners
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Legal actions by prisoners and Criminal proceedings As well as the laws relating to managing prisons the criminal law generaly applies to prisoners and employe...
Prisoners
in NTLawHbk
Prisoners and In the NT the main legislation governing prison matters is the Correctional Services Act 2014 NT (CSA) and Correctional Services Regulations 2014 ...
Sentencing
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Sentencing and In the NT, over 90% of people accused of offences either plead guilty or are found guilty of at least some of the charges levelled against them. ...
GoingToCourt
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Going to court and This section explains what happens when a person is charged with a criminal offence and taken to court. The laws in this area are contained i...
Bail
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Bail and When a person is charged with a criminal offence, they are required to go before the appropriate court, usually the Magistrates or Supreme Court, to ad...
RoadRulesAndTrafficOffences
in NTLawHbk
Road rules and traffic offences and There are many laws governing how a person should behave when in control of a motor vehicle, motor cycle, bicycle, powered c...
DrugOffences
in NTLawHbk
Drug offences and This section deals with the law relating to the misuse of drugs. The governing law in the NT is found in the Misuse of Drugs Act 1990 (MDA) an...
BusinessesStructuredForProfit
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Businesses structured for profit and A person who wants to start their own business has available to them a number of different business structures, ranging fro...
VeteransEntitlements
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Veterans' entitlements and The Federal Government has legislative schemes that both provide pensions for, and compensate, eligible defence and ex defence servic...
PensionsBenefitsAndAllowances
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Pensions, benefits allowances and This chapter covers financial assistance payments made to individuals and families by the Federal Government. Payments are m...
InjuriesCausedByAnimals
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11.5 Injuries and accidents caused by animals and Generally owners are liable for the actions of their animals (including pets) and, in certain cases, can be ch...
AccidentsOnPrivateAndPublicProperty
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11.4 Accidents on private and public property and Accidents and injuries that happen on private or public property are sometimes caused by the conduct of others...
InjuriesAndDamageCausedByCrime
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11.3 Injuries and damage caused by crime and Introduction As of 1 May 2007 the Victims of Crime Assistance Act (VCAA) applies to persons who claim compensation...
HIVAIDS
in NTLawHbk
10.2 HIV/AIDS and Acquired Immune Deficiency Syndrome or AIDS is the name given to the final stage of infection with the Human Immunodeficiency Virus (HIV). HIV...
DogsAndOtherAnimals
in NTLawHbk
Dogs and other animals and In the NT a number of different sources of law affect dogs and other domestic animals. Some laws are found in NT legislation; some lo...
AgedCare
in NTLawHbk
Aged care and Where to find information Comprehensive advice is available from the Commonwealth Government's online site: myagedcare. Go to http://www.myagedca...
DealingwiththeDepartmentofImmigrationandBorderProtection
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Dealing with the DIBP , and Record keeping and timeframes Whenever you make contact with DIBP you should keep a note of the time and the name of the officer wi...
AttributionForm
in NTLawHbk
Attribution Form This is a maintenance topic, used by the Wiki administrator. Name Type Size Values Tooltip message Attributes AustLII _Cont...
TrademarksDesignsAndPatentsCopy
in NTLawHbk
Trade marks, designs and patents Abbreviations used in this chapter : ACC: Australian Copyright Council : AMCOS: Australasian Mechanical Copyright Owner's S...
Websitedesign
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Website design The design and/or layout of a website can be protected by copyright. This is quite separate from copyright ownership o...
Wellknowntmcertdefcollectivetm
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Well known marks certification, defensive and collective marks Apart from the general procedure for registration of a trade mark, t...
Whatconstitutesinfringementcopyright
in NTLawHbk
Main.JonathanMo 14 Sep 2015 What Constitutes an Infringement of Copyright? In simple terms, the copyright in a literary, dramatic, musical or artistic work or re...
Whatdoescopyrightprotect
in NTLawHbk
Main.JonathanMo 14 Sep 2015 What does Copyright Protect? Copyright gives authors and creators legal protection for the following types of work: * literary wor...
Whatiscopyright
in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is copyright? Copyright is a form of intellectual property which, as the name suggests, is an intangible form of personal proper...
Whatispatent
in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is a patent? A patent is a legal document that gives an inventor exclusive right to exploit their invention for a specified peri...
Whattrademarktradesign
in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is a trade mark/trade sign? The TMA defines a trade mark as: a sign used, or intended to be used, to distinguish goods or servic...
Whendoescopyrightapply
in NTLawHbk
Main.JonathanMo 14 Sep 2015 When Does Copyright Apply? There are three basic principles or 'characteristics' that need to be grasped in respect of copyright and ...
Whocanregistertm
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Who can register a trade mark? A person may apply for the registration of a trade mark in respect of goods and/or services if the per...
Whoownscopyright
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Who Owns the Copyright? The basic rule is that the author or creator is the first owner of copyright CA s.35(2) . But copyright owne...
Whyhaveiplaws
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Why do we have intellectual property laws? Intellectual property rights involve striking a balance between the interests of the origi...
Whypatent
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Why do we have patent protection? As with the other main areas of intellectual property, Australia's patent protection framework esse...
Rightsmanagementinformation
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Rights management information Amendments to the CA in 2000 introduced sanctions against tampering with electronic rights management i...
Scandalouscontrarytolaw
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Scandalous or contrary to law Under section 42 of the TMA: An application for the registration of a trade mark must be rejected if: ...
Scanninguploadingdownloadingimages
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Scanning, uploading and downloading images Scanning an image to produce a digitised version involves making a reproduction of the ima...
Spaceshiftingofrecordedmusic
in NTLawHbk
Main.JonathanMo 14 Sep 2015 'Space shifting' of recorded music A person who owns a copy of a sound recording, such as a CD, is now allowed to make a copy of that...
Subjectmatterotherthan
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Subject matter other than literary and artistic works (CA Part IV) Part IV of the CA introduces new subject matter for copyright prot...
Substantiallyidenticaldeceptivelysimilar
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Substantially identical or deceptively similar to another trade mark Under section 44 of the TMA, an application must be rejected if ...
TechnologicalProtectionMeasures
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Technological Protection Measures (TPMs) Criminal penalties and civil remedies exist for making, importing and commercially dealing i...
Theinternet
in NTLawHbk
Main.JonathanMo 14 Sep 2015 The internet The internet is a network of computers. No one owns it and it has no central location or administration. For most users ...
TimeshiftingrecordingTVradioforlaterprivateuse
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Time shifting: recording from TV and radio for later private use It is permissible to record a television or radio program to watch o...
Tmgeoindic
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Trade marks and geographical indications (GIs) TRIPS obligations In accordance with the requirements of the TRIPS Agreement, WTO mem...
Tminfringementsoffences
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Trade mark infringements and offences Infringements Section 120(1) of the TMA provides a simple definition of an infringement, namel...
TradeMarksDesignsAndPatents
in NTLawHbk
24.2 Trade marks, designs and patents Trade Marks General The purpose of trade mark law is slightly different to that of the other intellectual property protect...
Usedorintendedtobeused
in NTLawHbk
Main.JonathanMo 14 Sep 2015 'Used or intended to be used' Under section17 of the TMA, the sign must be 'used or intended to be used' in the trade. Registering a ...
Usefulorganisations
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Useful organisations A number of organisations either collect copyright fees, or deal extensively in copyright issues, including assi...
Usefulorgpatents
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Useful organisations IP Australia IP Australia is the Australian Government agency responsible for the administration of patents, tr...
Ordersdeliverup
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Orders to deliver up Courts with equitable jurisdiction have an inherent power to order a defendant to deliver up articles made in co...
Otherqualificationsforcopyrightprotect
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Other qualification for copyright protection The CA requires two criteria or 'points of attachment' that must be satisfied for a work...
Parallelimportation
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Parallel importation Importing copyright material for commercial purposes or dealing with such material without the approval of the c...
Performersperformances
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Performers/performances Prior to amendments to the CA in 2004, performers gained virtually no protection for their live performances,...
Preservationmoralrights
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Preservation of moral rights However, it should be noted that, irrespective of the nature of the licensing or assignment agreement, t...
Proscribedmarks
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Proscribed marks Regulations made under section 18 of the TMA may specify that certain signs are not to be used as trade marks. TMA S...
Protectionforcomputersoftware
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Protection for computer software Computer programs ordinarily receive copyright protection as 'literary works'. A basic problem for p...
Protectionmechanisms
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Protection mechanisms A person putting material on their site that they wish to protect that is, prevent others from copying shou...
Reqforregist
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Requirements for registrability A design has to meet a number of key requirements before it can be registered and legally protected i...
Requirementsregistration
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Requirements for registration A mark must be 'distinctive' within the terms of section 41 of the TMA, that is, it must be capable of ...
Restrictionsonexercisingrightsdefencesfairdealing
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Restrictions on the Exercise of Rights: Defences and Fair Dealing There are a number of provisions allowing the free or paid use of c...
Rightsbyregistration
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Rights given by registration Under section 20 of the TMA: : If a trade mark is registered, the registered owner of the trade mark ha...
Howlongcopyrightlast
in NTLawHbk
Main.JonathanMo 14 Sep 2015 How Long Does Copyright Protection Last? Prior to the 2004 US Australia Free Trade Agreement (FTA), the general term of copyright pro...
Incapableofdistinguishment
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Incapable of distinguishment Incapacity to distinguish constitutes grounds for both rejection of, and opposition to, an application t...
Indirectinfringementcopyrightknowing
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Indirect infringement of copyright 'knowing or having reason to know' Indirect infringement means dealing with unauthorised reprodu...
Infringementsoffences
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Infringements and offences The DA provides that a primary infringement occurs if a person, without authority, makes or offers to make...
Infringementspatents
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Infringement The PA does not provide any definition of direct infringement, although three forms are suggested: * exploiting the i...
Infringementsubstantialpartrequirement
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Infringement: the 'substantial part' requirement Under section 14(1) of the CA, the infringing act must be done in relation to a 'sub...
Injunctioncopyright
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Injunction This equitable remedy usually requires the defendant to refrain from a particular course of conduct; rarely, it may requir...
IntroPatents
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Introduction Patents, like other intellectual property rights, are a product of the 'balance' between competing interests. From the t...
Introduction
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Introduction Industrial design involves the design of three dimensional products which may range from consumer goods to technological...
Inventwhichnotpatentable
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Inventions which are not patentable The 'human being' exception Human beings, and the biological processes for their generation, are...
Jointownership
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Joint ownership Copyright in a work can be held jointly where the individual contributions of each creator cannot be distinguished. A...
Journalistscopyright
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Journalist's copyright Section 35(4) of the CA provides for a division of ownership of copyright between the journalist authors of wo...
Licensingofcopyright
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Licensing of copyright In contrast to assignment, a licence arrangement may involve nothing more than a bare permission to do an act ...
Likelydeceiveorconfusiontm
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Marks likely to deceive or cause confusion Section 43 of the TMA requires that an application for the registration of a trade mark in...
Linkinganotherwebsite
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Linking to another website Before linking to or framing a third party website, a person should review it for any prohibition on linki...
Literarydramaticmusicalartisticworks
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Literary, dramatic, musical and artistic works (CA Part III protected) The CA Part III works include the following: * literary wor...
Marevainjunction
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Mareva injunction This is another ex parte order which restrains the defendant from disposing of or removing from the jurisdiction as...
Marksunablegraphicallyrepresented
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Marks unable to be graphically represented Examples of these types of marks would include marks which are reliant upon sounds or smel...
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