Australia is frequently referred to as part of Asia Pacific but we have little knowledge of our Pacific Island neighbours.

LLRX has published a guide to resources on the law of the Pacific Islands.

What are the Pacific Islands?

American Samoa; Commonwealth of Northern Mariana Islands; Cook Islands; Easter Island; Federated States of Micronesia; Fiji; French Polynesia; Guam; Hawaii; Kiribati; Marshall Islands; Midway Is.; Nauru; New Caledonia; Niue; Norfolk Island; Palau; Papua New Guinea; Pitcairn Is.; Samoa; Solomon Is.; Tokelau; Tonga; Tuvalu; Vanuatu; Wallis and Futuna.

The Standing Committee of Attorneys‑General (SCAG) meeting on 25 July 2008 discussed over 20 matters of substantive legal reforms for all jurisdictions, focussing on issues of national importance.

Key Decisions

Significant progress was made in reform areas including work towards a national register of suppression orders, proportionate liability, evidence laws, a judicial exchange program, indigenous justice issues, harmonisation of anti‑discrimination laws and criminal laws.

Other areas considered were:

• Personal Property Securities Law Reform
• Electronic Transactions Amendments
• Statutes of Limitation
• National Electronic Conveyancing System

Treasurer Wayne Swan and Minister for Housing Tanya Plibersek have issued the first Calls for Applications for incentives for the National Rental Affordability Scheme.

Under the scheme, the Australian Government has combined with State and Territory Governments to offer incentives to institutional investors and housing providers to build 50,000 new rental properties, which will be rented out at 20 per cent below market rate. 

In order to stimulate investment, the Scheme will offer investors:

• a Commonwealth incentive of $6,000 per dwelling per year refundable tax offset or payment; and
• a State or Territory incentive of $2,000 per dwelling per year in direct or in kind financial support.

The five mandatory requirements are as follows:
1. dwellings will be rented to ‘eligible tenants’
2. dwellings will be rented for a period of 10 years
3. dwellings will be rented at a rate that is at least 20 per cent below the market rate
4. dwellings must either:
a. not have previously been occupied; or
b. not have been previously zoned for residential purposes; or
c. have been made fit for occupancy where otherwise the dwelling was ‘recognised’ as being uninhabitable; or
d. have been subdivided to produce more dwellings than were previously available on the identified block and section
5. dwellings will comply with State, Territory and local government, planning building codes and requirements.

Attorney-General
Robert McClelland has introduced  the
Same-Sex Relationships (Equal Treatment in Commonwealth Laws –
Superannuation) Bill 2008 to remove same-sex
discrimination from Acts governing Commonwealth superannuation schemes.

The Bill makes amendments so that same-sex couples are
no longer denied the payment of death benefits from superannuation
schemes or the tax concessions on death benefits currently made
available to opposite-sex couples.

The superannuation schemes covered by the reforms are:

• the Commonwealth Superannuation Scheme
• the scheme under the Superannuation Act 1922
• the Defence Force Retirement and Death Benefits Scheme
• the Defence Forces Retirement Benefits Scheme
• the Judges’ Pensions Scheme
• the Federal Magistrates Disability and Death Benefits Scheme
• the Governor-General Pension Scheme, and
• the Parliamentary Contributory Superannuation Scheme.

Other
Commonwealth superannuation schemes, such as the Military
Superannuation and Benefits Scheme and the Public Sector Superannuation
Scheme, will be amended by delegated legislation. 

Lobbyists must register on the Commonwealth’s Register of Lobbyists.

A lobbyist is defined in clause 3 of the Lobbying
Code of Conduct to mean a person, company or organisation who conducts
lobbying activities on behalf of a client or whose employees conduct lobbying activities on behalf of
a client. These lobbyists are sometimes known as consultant lobbyists, or third party lobbyists.

The Code does not apply to in-house lobbyists, such as government relations staff employed by companies
to make representations to government on behalf of the company that employs them, or staff employed in
peak industry bodies or trade unions who make representations to government on behalf of their industry
or their members. These people are not required to register.

There are a number of exclusions from the definition. These include:

1. charitable, religious and other organisations or funds that are endorsed as deductible gift recipients
2. non-profit associations or organisations constituted to represent the interests of their members
   that are not endorsed as deductible gift recipients
3. individuals making representations on behalf of family members or friends about their personal
   affairs
4. members of trade delegations visiting Australia
5. persons who are registered under an Australian Government scheme regulating the activities of
   members of that profession, such as registered tax agents, Customs brokers, company auditors
   and liquidators, provided that their dealings with Government representatives are part
   of the normal day to day work of people in that profession, and
6. members of professions, such as doctors, lawyers or accountants, and other service providers,
   who make occasional representations to Government on behalf of others in a way that is
   incidental to the provision to them of their professional or other services. However, if a significant
   or regular part of the services offered by a person employed or engaged by a firm of lawyers, doctors,
   accountants or other service providers involves lobbying activities on behalf of clients
   of that firm, the firm and the person offering those services must register and identify the clients
   for whom they carry out lobbying activities.

The Register of Lobbyists will be fully operational from 1 July 2008. From that date, any lobbyist who wishes
to contact a Government representative for the purpose of lobbying activities must be registered
and must agree to comply with the requirements of the Code.

The Register is a public document that contains the following information about  lobbyists who make
representations to Government on behalf of their clients:

• the business registration details and trading names of each lobbyist including, where the business
  is not a publicly listed company, the names of owners, partners or major shareholders, as applicable
• the names and positions of persons employed, contracted or otherwise engaged by the lobbyist to
  carry out lobbying activities, and
• the names of clients on whose behalf the lobbyist conducts lobbying activities.

See Open and Shut for comment.