The Proposed Commonwealth Personal Property Securities Act 2008

Inspired by similar reforms introduced in New Zealand, Canada and the United States, the Commonwealth, with the co-operation of the States, seeks in the Personal Property Securities Bill 2008 (the Bill) to introduce a central repository of recorded information reflecting particular security interests in personal property in Australia. Specifically, the interest recorded is an interest in personal property provided for by a transaction that in substance secures the payment or the performance of an obligation. In addition to providing a notification of the use of the personal property as collateral to secure the payment of monies or the performance of an obligation, the Bill proposes to introduce a regime of prioritising interests in the same collateral. Central to this prioritisation are the concepts of a ‘perfected security interests’and ‘unperfected security interests’. Relevantly, a perfected security interest in collateral has priority over an unperfected security interest in the same collateral. The proposed mechanisms rely on the fundamental integer of personal property, which is defined as any property other than land. Recognising that property may take a tangible as well as an intangible form, the Bill reflects an appreciation of the fact that some property may have a tangible form which may act as collateral, and simultaneously the same property may involve other property, intangible property in the form of intellectual property rights, which in their own right may be the subject of a‘security agreement’. An example set out in the Commentary on the Consultation Draft of the Bill (the Commentary), indicates the practical implications involving certain property which have multiple profiles for the purposes of the Bill. This submission is concerned with the presumptions made in relation to the interphase between tangible property and intangible property arising from the same personal property, as set out in s 30 of the Bill.

A Submission to the Inquiry into the Resale Royalty Right for Visual Artists Bill 2008 (Cth)

A right of resale, or droit de suite (a right to follow), is a legislative instrument under intellectual property law, which enables artists to receive a percentage of the sale price whenever artistic works are resold. A French legal scholar, Albert Vaunois, first articulated the need for a 'droit de suite' in connection with fine art back in 1893. The French Government introduced a scheme to protect the right of resale in 1920, after controversy over artists living in poverty, while public auction houses were profiting from the resale of their artistic creations. In the United States, there has been less support for a right of resale amongst legislatures. After lobbying from artists such as the king of pop art, Robert Rauschenberg, the state of California passed the Resale Royalties Act in 1977. At a Federal level, the United States Congress has shown some reluctance in providing national recognition for a right of resale in the United States. A number of other European countries have established a right of resale. In 2001, the European Council adopted the Artists' Resale directive and recognised that the 'artist's resale right forms an integral part of copyright and is an essential prerogative for authors.' In 2006, the United Kingdom promulgated regulations, giving effect to a right of resale in that jurisdiction. However, a number of Latin American and African countries have established a right of resale. The New Zealand Parliament has debated a bill on a right of resale.

The law of money securities : In three books. I. Personal securities. II. Securities on property. III. Miscellaneous /

Mode of access: Internet.

Freedom of information implications of information sharing networks for critical infrastructure protection

Protection of “critical infrastructure” has become a major issue for govern- ments worldwide. Yet in Australia, as in many other countries, including the United States, an estimated 90% of critical infrastructure is privately owned or operated commercially – in other words, critical infrastructure protection is not the exclusive domain of government. As a result, information sharing between government and the private sector has become a vitally important component of effective risk management. However, establishing effective arrangements of this kind between the public and private sector needs to take account of existing regimes of access and public disclosure which relate to government-held documents; in particular, that which is established by freedom of information (FOI) legislation. This article examines the extent to which the current Commonwealth FOI regime is likely to act as an impediment to the private sector operators of critical infrastructure participat- ing in government-operated information sharing arrangements. By examining developments in other jurisdictions, principally the United States, the article considers whether amendments to the current Australian FOI regime are necessary to ensure effective participation, consistent with the underlying object and purpose of FOI.

Adoption Law and Practice [2nd ed.]

This book addresses the modern law relating to adoption. It comes at a time of fundamental change in adoption practice as, increasingly, Irish couples look outside the jurisdiction for the child that will make their family complete.---------- * Examines and explains the new regulatory framework and the law now governing domestic and intercountry adoption.---------- * Provides a guide to the changes outlined in the Adoption Bill 2008 which also consolidates the provisions of seven previous statutes and incorporates the Hague Convention into Irish statute law.---------- * Considers the responsibilities of the new Adoption Authority, and the roles of other administrative and legal bodies.---------- * Sets out the adoption process, explaining the complexities of intercountry adoption, giving consideration to the interface between adoption and children in care and dealing with the rights of the parties involved.

Sale of Businesses in Australia (2nd ed.)

The greater volume of businesses sold in Australia each year are small to medium enterprises. The administration of business contracts presents far different challenges than, for example, contracts for the sale of goods alone or contracts for the sale of land. The subject matter comprises both real and personal, and tangible and intangible property. Other considerations that do not affect those other commonplace contracts include dealing with employees who are both remaining and departing, taking account of restraints of trade, and the phenomena of the passing of property being different in respect of different forms of property being transferred in the same contract. In keeping with the format of the previous edition, the book is written with the busy practitioner in mind. It deals with the formation of business contracts, all aspects of disclosure both contractual and statutory, the role of agents, and detailed consideration of the different types of subject matter of small business contracts including, the lease of the premises, intellectual property, goodwill, licences, book debts and plant and equipment. It has up to date treatment of income tax implications of the sale and the impact of the latest Commonwealth legislation on dealing with employees of a business on sale. Consistent with the last edition, the book has chapters on time of the essence and completion, personal securities, restraint of trade clauses, special conditions and remedies for breach by both parties and misleading or deceptive conduct by the seller. In relation to personal securities, whilst the current State and Territory based law on Bills of Sale and other Chattel Securities has been the subject of commentary, the proposed national reform agenda has also been commented upon although that legislation is not due until May 2010 at the earliest

MUES (Mid Wales - Users - Ethnic Services) Ethnic services provision 2007-08. Policy guidance for Libraries for Life: Delivering the entitlement agenda for library users in Wales 2007-09

Urquhart, C., Thomas, R., Crossan, S. & Hines, B. (2008). MUES (Mid Wales - Users - Ethnic Services) Ethnic services provision 2007-08. Policy guidance for Libraries for Life: Delivering the entitlement agenda for library users in Wales 2007-09. Aberystwyth: Department of Information Studies, Aberystwyth University. Relates to report of same title - http://hdl.handle.net/2160/609 Sponsorship: CyMAL

Key operations for Authors of QM Perception Assessments

Key operations for Authors of QM Perception Assessments

Querido diário: a construção identitária de alunos da EJA em diários pessoais

This study aims to present analyses of our research, documentary type, which investigates the construction of cultural identities of the Youth and Adults Education (Educação de Jovens e Adultos – EJA), level III, in a public school in the city of Natal/RN, through personal diaries produced in the school environment. In a qualitative-interpretive approach, we anchor our identity studies (BAUMAN, 2001, 2005, 2006; HALL, 1987, 1997, 2011, 2012) that bring us the idea that identities are built and rebuilt by social relations that we do. To this end, we start from a conception of language that does not require pre-conceptions because they are based on the utterance itself. Therefore, we have analyzed the utterances produced by these students from the perspective of Bakhtin Circle (BAKHTIN, 1988, 1993, 1998, 2002, 2010, 2012), which deals with the discursive construction emerging from intersubjective processes of verbal interaction, in a dialogical relationship of the self to the other, by the otherness and the heteroglossia. Moreover, our study is also guided by the guidance on speech genres (BAKHTIN, 2010) and personal journal (LEJEUNE, 2008; MACHADO, 1998, 2009). We join to Applied Linguistics (MOITA LOPES, 2006, 2009) because we believe that this research focuses on a social practice in which language plays a central role and seeks to demonstrate how the speeches of the subject students of EJA, in personal journals, are building tools not only of their identities, but also knowledge and social life of the position that this subject student takes. We conclude this work in a perception of cultural identities that are built by the subject students of EJA, because the results suggest that the identities of these students are fluidly constructed by the representation that the student makes of his or her school, of being student of EJA and how he or she is a student of this educational modality. Thus, through our work, we plan to present another look about the identity or identities of a student of EJA, pointing an insight of this subject.

RoMEO studies 7: creation of a controlled vocabulary to analyse copyright transfer agreements

This paper describes the process of creating a controlled vocabulary which can be used to systematically analyse the copyright transfer agreements (CTAs) of journal publishers with regard to self-archiving. The analysis formed the basis of the newly created Copyright Knowledge Bank of publishers’ self-archiving policies. Self-archiving terms appearing in publishers’ CTAs were identified and classified, with these then being simplified, merged, and discarded to form a definitive list. The controlled vocabulary consists of three categories that describe ‘what’ can be self-archived, the ‘conditions’ of self-archiving and the ‘restrictions’ of self-archiving. Condition terms include specifications such as ‘where’ an article can be self archived, restriction terms include specifications such as ‘when’ the article can be self archived. Additional information on any of these terms appears in ‘free-text’ fields. Although this controlled vocabulary provides an effective way of analysing CTAs, it will need to be continually reviewed and updated in light of any major new additions to the terms used in publishers’ copyright and self-archiving policies.