Ruling Residency status for income tax purposes 9. Residency status is a question of fact and is one of the main criteria that determines an individual's liability to Australian income tax. Liability to tax is determined on a year by year basis. Events after the year of income may assist in determining an individual's residency status: FC of T v. Applegate 79 ATC 4307; (1979) 9 ATR 899 (Applegate). What is the meaning of the word 'resides'? Statutory definition 10. 'Australian resident', as defined in section 995-1 of the Act, means a person who is a resident of Australia for the purposes of the 1936 Act. 11. The definition of ' "resident" or "resident of Australia" ' is in subsection 6(1) of the 1936 Act. The primary test for
The career path that I want to pursue is in the medical field. I major in psychology and minor in biology because going to medical school has always been my desire. Being a pediatrician is my goal I wish to conquer. I am beyond interested and passionate about this career. It is not just a career, it is my life dreams. I want to be able to enjoy going to work every day knowing I love my job and I am here because I want to. Being a pediatrician I am able to work with children and many people of different cultures. I am thrilled to know that I will be capable of caring for sick children.
The roots of Australian laws are similar to traditional Aboriginal laws, dating back to before the Norman Conquest in 1066, where each separate village had their own laws developed to their own customs. This changed however, after a centralized legal system was established after 1066. A common law was formed, that applied to all of England. This was later combined with equity law and mercantile law, which is the basis of Australian law today, known as ‘statute law’.
The validity of British’s occupation of Australia has been fundamentally shaken. The decision protected Aboriginal people’s cultures and lifestyles to a certain degree. Moreover, it guaranteed that some of the lands they live will not be developed. There were five key issues of importance to legal precedent in the Mabo decision for the recognition of Indigenous peoples’ rights in Australia (Australian Institute of Aboriginal and Torres Strait Islander Studies, 2017). For example, it helps to promote the idea of non-discrimination. From then on, a series of laws had been introduced to help safeguard their standard legal rights and
Longstaff, Simon. "Australian Identity." Ethics.org.au. St. James Ethics Centre, Dec. 1995. Web. 16 Aug. 2011. .
Over the five years following the war, about 171,000 immigrants came to Australia. The government introduced the assisted passage scheme which gave immigrants temporary accommodation in Australia in exchange for two years of labour. Most immigrants came from places such as Poland, Yugoslavia and the Baltic States and then later Germany, Grease, Italy and Malta. The immigrant families were placed in old army barracks in severely poor conditions, and exposed to racial discrimination. They were often referred to with names such as ‘wogs’, ‘bolt’ and’ reffo’. Families were separated. Men were sent off to work on things such as t...
At the commencement of European settlement, Australia inherited the system of land law that existed in England. Before the introduction of Torrens in 1875, a system of registration of deeds was in place in Western Australia. This is a system under which instruments relating to property transactions are recorded on a central register. In Western Australia, priority is decided according to the date of registration, and there is no stipulation concerning the bona fides or valuable consideration given by the...
Australia was imperialized by England for land, and for space for their conflicts. The conflicts were there to farm food for the English people. At the same time England had already had other countries under their control at this time. Australian people were not very happy with the English
Among the problems that face our nation, illegal immigration seems to be one of the most regarded. “In 2005, there were 12.7 million people classified as refugees in the world. Refugees are forced to migrate because of danger in their own country.” (Cath Senker 12) Some push to end it while others want to have it legalized or less strict. There are many points that are argued on this topic. Although immigrants support the economy, they should have to pay taxes. Illegal immigration should be stopped or slowed until the legalization process and borders are improved. Due to the fact, that taxpayers are the backbone of our economy and nation as a whole.
There are four sources of Law in the Australian Legal System. They are Statute Law, which is made in Parliament, Common Law and the Law of E...
The ‘Populate or Perish’ policy was put in act because Australia’s population was small and vulnerable compared to other countries like Japan, who had both a large population and a large army. The ‘populate or perish’ policy was put in act on 13th July 1945, as an ambiguous act of trying to expand the Australian population. Between 1945-1975 the Australia’s population had increased from 7 and a half million to 13 million, a large five and a half differences in people from Europe and people not from Europe. The policy was targeting the Europeans to convince to move to Australia because they fit the stereotypical perspective on ‘white’
Land rights now referred to the continual legal exertion to reclaim ownership of the land and waters that was called home prior to British colonisation (Creative Spirits, 2011). Australian Museum (2015) and Creative Spirits (2011) acknowledge the struggle to gain legal recognition and ownership of Indigenous land is difficult and expensive. Furthermore, the history behind the struggle in earlier years often resulted in violence as Indigenous Australians were dispossessed of their land (Australian Museum, 2015). Subsequently, the struggle for land rights continued through the legal and political systems; as demonstrated in 1982 when Eddie (Koiki) Mabo and four other Meriam people decided to pursue declaration of their customary land rights in the High Court of Australia (Hill, 1995). Based on the findings of Creative Spirits (2011) Indigenous Australian land rights appeared promising in 1983 when the Hawke Government promised legislation to ensure that Aboriginal and Torres Strait Islander people’s land rights are protected throughout Australia. The legislation was said to permit Indigenous Australians to exercise the right of control over mining on Indigenous Australian land to ensure sacred sites are protected (Creative Spirits, 2011). However, in 1984 the mining companies fought back to repossess control over land. Mining and pastoral industries were considered too powerful and
Now I shall give a bit of a quick history lesson. The land of Australia had two types of people living there before the European settlers came to the country the Aboriginal and the Torres Strait Islanders and in 1688 a man named William Dampier was the first British man to explore Australia (Austrailian Department of Foreign Affairs and Trade). This is similar to how America had Native A...
Key events in Aboriginal Australian history stem from the time Australia was first discovered in 1788. For instance, when Federation came into existence in 1901, there was a prevailing belief held by non Aboriginal Australians that the Aborigines were a dying race (Nichol, 2005:259) which resulted in the Indigenous people being excluded from the constitution except for two mentions – Section 127 excluded Aborigines from the census and Section 51, part 26, which gave power over Aborigines to the States rather than to the Federal Government. Aboriginal people were officially excluded from the vote, public service, the Armed Forces and pensions. The White Australia mentality/policy Australia as “White” and unfortunately this policy was not abolished until 1972. REFERENCE
The Australian constitution is a national legal document, enacted by the British government on the 1st of January 1901 as a part of Australia’s federation, it can be very difficult to change yet it requires constant renewal to keep up to date with today's society. As the Australian states and territories have the ability to create their own laws, the Constitution is employed to regulate them. Any state or territory law that is viewed to be in direct defiance of the constitution can be repealed and then is reviewed and examined via the High Court of Australia. If the High Court rules that the state's law is unconstitutional it will then be voided. Due to the fact, the constitution overlooks all the laws carried out by the Australian states and
Moore, W, H 2000, The constitution of the commonwealth of australia, John Murray, London, pp. 1-325