Preventative detention in Australian law : issues of interpretation

This article examines the statutory interpretation of terms in Div 105 of the Criminal Code Act 1995 (Cth) . This division is the regime for preventative detention orders (PDOs), an Executive order permitting a person to be taken into custody and deprived of his/her personal liberty for the purpose of either preventing an imminent terrorist act or preserving evidence of a past terrorist act. The organisation of this article corresponds with three key features of a PDO from this description: "detention"; "Executive"; and "preventative purpose". To consider the interpretation of Div 105 , this article relies on statutory principles of interpretation, and most notably, the recent authority of Thomas v Mowbray (2007) 81 ALJR 1414 [PDF] ; [2007] HCA 33.

Egg colour matching in an African cuckoo, as revealed by ultraviolet-visible reflectance spectrophotometry

Despite major differences between human and avian colour vision, previous studies of cuckoo egg mimicry have used human colour vision (or standards based thereon) to assess colour matching. Using ultraviolet-visible reflectance spectrophotometry (300-700 nm), we measured museum collections of eggs of the red-chested cuckoo and its hosts. The first three principal components explained more than 99% of the variance in spectra, and measures of cuckoo-host egg similarity derived from these transformations were compared with measures of cuckoo-host egg similarity estimated by human observers unaware of the hypotheses we were testing. Monte Carlo methods were used to simulate laying of cuckoo eggs at random in nests. Results showed that host and cuckoo eggs were very highly matched for an ultraviolet versus greenness component, which was not detected by humans. Furthermore, whereas cuckoo and host were dissimilar in achromatic brightness, humans did not detect this difference. Our study thus reveals aspects of cuckoo-host egg colour matching which have hitherto not been described. These results suggest subtleties and complexities in the evolution of host-cuckoo egg mimicry that were not previously suspected. Our results also have the potential to explain the longstanding paradox that some host species accept cuckoo eggs that are non-mimetic to the human eye.

Costco and the Aussie shopper : a case study of the market entry of an international retailer

Retailing is a globalised industry, yet retailers must respond to local shopping habits if they are to be perceived as legitimate by the host country customers. However, some retailers may be unable or unwilling to respond to all customer requirements. Costco, the membership warehouse club retailer, has been successful in its international expansion efforts, establishing its first Australian store in Melbourne in 2009. In the first 12 months of operation, the store became one of Costco's top five stores in the world. We investigated this success by focussing on the customer and used institutional theory to analyse what concessions were made by the customer and the company. Data were collected from consumer interviews, site visits and secondary media and industry sources. Analysis revealed negotiations based on the rejection, acceptance or adaptation of the regulative, normative and cultural cognitive aspects of the Australian shopper and the Costco business model. Customers made concessions to accommodate the new business model, and Costco responded to entrenched Australian shopping habits. This case is the first to explore the outcome of retail internationalisation from the customers' perspective, revealing the concept of mutual concessions. The interaction and subsequent adaptation by both customer and retailer have resulted in the institutionalisation of new shopping norms in the host country and success for the international retailer.

Indices for the identification of biologically productive cashmere goats within farms

Objectively comparing cashmere goats with different cashmere production, mean fibre diameter (MFD) and staple length (SL) is difficult for farmers. We aimed to develop indices to enable cashmere producers to identify productive goats within their own farms once adjustments had been made for the primary determinants of cashmere production. That is we aimed to develop indices that identify goats and herds that biologically have a high fleece weight in relation to MFD and SL. We used a sample of 1244 commercial cashmere fleeces from goats originating from many Australian farms based in different environmental zones and a previously developed general linear model that related the logarithm of clean cashmere production (CCMwt) and any other potential determinant. In the present study, sub-models were investigated in order to develop new indices for comparing goats in the same farm, based on fleece characteristics and biological efficiency. New Index (MFD), equal to 6.02×CCMwt/1.1531^MFD, was developed to identify animals of biologically high CCMwt in relation to their MFD. Unlike previously reported results that MFD is not a useful measurement for comparing the biological efficiency of cashmere goats across farms, the New Index (MFD) allows comparison of the biological efficiency of cashmere goats within farms. New Index (SL), equal to 2.70 × CCMwt/1.1414^SL, was developed to identify animals of biologically high CCMwt in relation to their SL. New Index (SL) is very similar to the Clean Cashmere Staple Length Index (CCSLI) that had been previously reported for comparison of cashmere goats across farms, and thus the CCSLI can be usefully used for comparing the biological efficiency of cashmere goats both across and within farms. New Index MFD, SL = 8.90 × CCMwt/1.243^(MFD+SL)/2 was developed to identify animals of biologically high CCMwt in relation to both their MFD and SL within farms, and provides useful information above using either New Index (MFD) or CCSLI. The indices can be presented in the same measurement units as fleece weight, which is a biological concept easily understood by cashmere producers, and enable comparisons to be made between animals using just one attribute, clean cashmere weight.