“There is not a crime, there is not a dodge, there is not a swindle, there is not a vice which does not live by secrecy”, said Joseph Pulitzer. Needless secrecy is as difficult to eradicate as the evils which it spawns, though Mr McMillan suggests administrative and legislative techniques that could redress the balance in favour of openness. Much of the article is a discussion of one such technique, freedom of information legislation, and of a report on that topic published in 1976 by an interdepartmental committee established by the Federal Government. By reference to past Australian secrecy, U.S. experience under similar legislation, and bureaucratic inevitability, Mr McMillan argues that legislation based upon the committee’s report would do more to entrench the Administration’s right to withhold official information than to secure the public's right of access to it. Alternative proposals for a freedom of information Act are suggested.

Since this article was written the Federal Government has announced that it will introduce a Freedom of Information Bill after considering the committee’s proposals and comments thereon.

In recent years the Commonwealth Government has passed legislation implementing international conventions on diplomatic and consular relations. Australia now has a legislative framework regulating the grant of privileges and immunities to diplomatic missions, consular posts, international organizations and the personnel of all of them. In this article Mr O'Keefe describes this legislation, explains how it operates and examines the relationship between the various Acts.

In this article, Mr Justice Kirby surveys two major issues which are before the Australian Law Reform Commission in its Reference to reform defamation laws. First, he suggests that any reform requires revision of procedures to deliver remedies that are apt for damage to reputation. Unless the judicial system can produce speedier redress and more relevant remedies, it is suggested that administrative or other regulation will replace court procedures. Secondly, the article explores the problems arising in the age of mass communications from Australia's eight different systems of defamation law. After weighing the arguments for and against a uniform code, it is suggested that the present disparity promotes confusion, uncertainty, self-censorship and forum shopping. Four methods of achieving a uniform code are explored. These include a return to the common law, reference of power to the Commonwealth by the States, an attempt to secure agreement with the States on uniform laws and the use of a number of Commonwealth powers to support a national Act. As the vehicle chosen will affect the law proposed, it is suggested that the choice can not be delayed.

International humanitarian law is a subject of universal importance and relevance. Since 1974, the problems of restatement and development have engaged the attention of the Geneva Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts.

In this article, Professor J. G. Starke, Q.C. surveys developments in international humanitarian law over the last quarter century and examines in detail Australia's contribution to those developments. The process by which the idea of “laws of war” has come to be superseded by the concept of international humanitarian law is outlined, while reference is also made to the principal sources of international humanitarian law. Australia's interest in international humanitarian law since World War II is discussed, as is the background to the present continuing Geneva Conference and proceedings at its first three sessions in 1974, 1975 and 1976. The contribution of Australia to the work of the Geneva Conference is thoroughly examined. In particular, the stance of the Australian government on various issues before the Conference is set forth in detail. The article also assesses Australia's contribution to the development of international humanitarian law.

An objective of all industrial legislation in Australia is that employees victimised because of their participation in the industrial relations system should be able to obtain legal redress. Thus it is sought to give remedies for conduct which Isaacs J. pithily described as amounting to a demand by an employer to an employee of “give up your claim or give up your billet”. Dr O'Donovan exhaustively analyses how the legislation of the Commonwealth and each of the States protects employees from victimisation on account of their union or industrial activities. Differences between the protection and redress given by each piece of legislation are detailed, while the Commonwealth provisions and cases concerning them are highlighted. The article concludes by suggesting matters for reform in this important area of industrial law.

One of the most important sections of the Trade Practices Act is section 45, which concerns restraint of trade. Dr Pengilley begins by outlining the provisions of the Trade Practices Act dealing with restraint of trade and the role of the Trade Practices Commission in relation to those provisions and in comparison to the courts. Detailed analysis is then given to numerous decisions, from a number of jurisdictions, relevant to the interpretation of section 45. Extensive examination is also made of a large number of Trade Practices Commission decisions regarding clearance or authorisation of conduct which is, or may be, contrary to section 45. The article concludes by discussing and assessing the implications of the High Court's only decision to date on the interpretation of section 45.

Drug use is a matter of substantial public interest in Australia, and penalties for drug offences were greatly increased in all States in 1976. This article examines the degree to which the Commonwealth can intervene in the field of drug-control law, a field presently governed mainly by State criminal law. Current Federal involvement is mostly confined to Customs legislation, passed under the interstate and overseas trade and commerce power in section 51(i) of the Constitution. This placitum has been expansively interpreted by the High Court in the customs context, but the trade and commerce power has some limitations, and those who have proposed comprehensive national drug legislation suggest that it could be supported by the Commonwealth's power over external affairs. These possibilities are considered, and the author concludes that comprehensive legislation would survive constitutional challenge in the High Court. Some suggestions are also made as to penalties for drug use and dealing.

Constitutional authority over resources and environmental questions resides principally in the States in Australia, but there are many powers which the Federal Government can develop, either alone or together with the States, in working out national policies in these areas. Although the constitutional issues are important, resolution of land use problems is fundamentally a matter of competition for power and authority within the political system.

Professor Whalan suggests four stages in the development of environmental law: (a) totally resource-oriented statutes with possible overlaps and clashes between separate uses; (b) integration of the separate codes and the introduction into those codes of environmentally oriented protective provisions; (c) the enactment of statutes directed towards a specific environmental problem or problems; and (d) the development of overview bodies with advisory and supervisory functions to which the protective responsibilities may be added.

In these statutory moves towards macro-environmental law in Australia, the Courts have been given a very limited role and it is argued that much of the law is not normative in character but procedural, administrative and discretionary. In very many cases, ultimate control is political rather than judicial.

Whether words in the singular include the plural or whether words in the plural include the singular is a common problem of statutory interpretation. Acts interpretation legislation of the States and the Commonwealth offer slightly varying presumptions for dealing with the problem. Professor Sawer analyses these presumptions and their application in numerous cases. As well, reforms that would lead to greater clarity and uniformity of such legislation are suggested.

The second part of the article explores the special problems regarding singulars and plurals in the context of the Constitution and, in particular, section 57 which provides for the resolution of deadlocks between the Senate and the House of Representatives with regard to “any proposed law”. The High Court's resolution of some of the problems raised when more than one proposed law is the subject of disagreement between the Houses of Parliament is exhaustively analysed. In addition, solutions are offered to a number of judicially unanswered questions relating to section 57 of the Constitution.

Section 260 is a general anti-avoidance provision found in the Income Tax Assessment Act 1936. Together with sections 25(1) and 51(1), it is one of the most important sections of the Act. To the “tax planner” section 260 spells anathema: to the Revenue it is an invaluable aid to prevent tax avoidance and preserve tax equity. Judges have tended to differ in their attitudes towards section 260. This article examines the treatment of the section in the hands of the judiciary, its interpretation and misinterpretation. In addition, the article seeks to highlight a significant point, namely, that the alternative to a general anti-avoidance provision is anti-avoidance legislation of a specific nature which would add tremendous complexity to an already complex Act. The plea therefore is that the judiciary should re-assess the situation they have helped bring about before it is too late, and that judicial common sense be substituted for the growing complexity of the Income Tax Assessment Act.

The two investigative techniques introduced by the Environment Protection (Impact of Proposals) Act 1974 are the environmental impact statement and the public inquiry. The policy underlying the use of environmental impact statements was not fully achieved until administrative procedures were created under the Act in 1975. It is probably too early to assess the effectiveness of these procedures. This article is limited therefore to considering their legal nature and possible effect. Two principles emerge from this exercise: the procedures are almost entirely discretionary in nature and the policy of reducing judicial involvement to a minimum is likely to succeed. Protection of the environment is thus a matter for political decision.

Australian electoral legislation provides both a regulatory and punitive scheme designed to overcome electoral corruption and malpractice. Much of this legislation has been based on British models. The article commences by detailing the existing British legislation and its merits. Extended consideration is then given to the sections of Australian electoral legislation dealing with the conduct of candidates for election and their supporters. The former British legislation which has been imitated in various Australian jurisdictions is identified and the effectiveness of the present Australian electoral legislation is compared with that presently in force in the United Kingdom. As well, the principal electoral offences and controls on electoral expenditure in each of the States and the Commonwealth are considered at length. The analysis in this regard is complemented by a schedule to the article comparing the existence of, and penalties for, 48 electoral offences under various electoral statutes in Australia and the United Kingdom. Dr Finn concludes the article by arguing for reform in a number of specified areas of Australian electoral legislation.