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01 February

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New Code of Conduct for Registered Migration Agents coming into effect 1 March 2022

A new Code of Conduct for registered migration agents has been prescribed by the Migration (Migration Agents Code of Conduct) Regulations 2021 (the “new Code”). The new Code takes effect on 1 March 2022. The Department of Home Affairs has recommended that all registered migration agents familiarise themselves with the new code to determine whether their business practices need to be changed to comply with the new Code. Registered migration agents can be disciplined or can have their registrations suspended or cancelled for failing to comply with the Code. Any registered migration agent who is accused of contravening the new Code should obtain...

01 February

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Confiscations Proceedings in Queensland: How Lawfully Obtained Property can be Seized

Posted by Potts-Lawyers

in Confiscation Proceedings

The Criminal Proceeds Confiscations Act 2002 (Qld) (“the Act”) was enacted with the main object of removing the financial gain and increasing the financial loss associated with illegal activity. This is achieved by seizing the proceeds of crime. What may come as a surprise to many, is that property can be seized and forfeited to the State of Queensland, regardless of whether or not a person is convicted of an offence because of the alleged illegal activity. In other words, even if the serious criminal allegations against you remain unproven, or if you are found to be not guilty, the police can...

01 February

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Navigating the complexities of workplace investigations involving allegations of criminal conduct

Posted by Potts-Lawyers

in Employment Law

When workplace investigations involve allegations which may amount to criminal conduct, a different legal strategy is almost always required to protect the client’s interests. Employees who face serious allegations of criminality in a workplace environment may be in a position where they risk not only losing their job, but also face criminal sanctions (which may include imprisonment). In these cases, employers will also need to be careful on how they handle the investigation and disciplinary process, since there is often significant overlap between the criminal law and employment law aspects of the matter, which are often difficult to navigate. When an employee becomes...

26 January

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Search Warrants

Posted by Mark Williams

in Criminal Law

Written By Mark Williams - Criminal Lawyer The Police Powers and Responsibilities Act 2000 (Qld) gives police officers power to act in ways in which the law allows. In Queensland, there are two main warrants: Arrest Warrants Search Warrants This article relates to search warrants only. View our article on arrest warrants here. Search Warrants Under the Police Powers and Responsibilities Act 2000 (‘PPRA’), there are multiple ways in which police can search a person, that person’s house and/or their vehicle. They may do so with or without a warrant. There are strict conditions in which a police officer must abide by when searching a...

26 January

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Arrest Warrants

Posted by Mark Williams

in Criminal Law

The Police Powers and Responsibilities Act 2000 (Qld) gives police officers power to act in ways in which the law allows. In Queensland, there are two main warrants: Arrest Warrants Search Warrants This article relates to arrest warrants only. View our article on police search warrants here. What is an Arrest Warrant? Police may apply to a justice of the peace or Magistrate to get a warrant for the arrest of a person who has committed an offence. The police must make the application under oath and state the grounds in which the arrest warrant is sought. The justice of the peace or Magistrate...

25 January

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What is drug diversion?

Posted by Shelby Smith

in Drug Offences

Article by Shelby Smith – Criminal Lawyer What is drug diversion? The Illicit Drug Court Diversion Program (more commonly known as drug diversion) is a sentencing option for offenders pleading guilty to minor drug offences. This program allows the court to deal with the defendant by imposing a good behaviour bond with a special condition that they attend a once off drug information and education session. A recognisance amount is attached to the good behaviour bond, which you are not required to pay unless you breach the bond. Drug diversion can be an excellent result for our clients because it means that the court...

23 December

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I have been charged with an offence in rural or regional Queensland. Can you represent me?

Posted by Potts-Lawyers

in General Legal Advice

Our criminal lawyers represent clients all over Queensland. In fact, a significant portion of our work is representing clients in regional and rural areas. There are over 120 Magistrates Court locations across Queensland and our criminal lawyers can appear in every one. This article will explain how we act for clients in regional and rural areas. We are extremely experienced in this area and will achieve the best possible result regardless of the court location. Some of our most common regional and rural court locations include: Toowoomba; Mount Isa; Longreach; Emerald; Townsville; Bundaberg; Dalby; Gladstone; and Roma Do I need a local lawyer? The...

22 December

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Can I apply to vary a domestic violence order?

Posted by Shelby Smith

in Domestic Violence

Under the Domestic and Family Violence Protection Act 2012 (Qld), an application can be made to vary an existing domestic violence order. If you are considering making an application to vary a domestic violence order, you should seek legal advice. Our expert domestic violence lawyers can provide you with comprehensive advice regarding the court process. We can also prepare the necessary material and represent you in court. Who can apply to vary a protection order? The following people can make an application to vary a domestic violence order: The aggrieved named in the order; The respondent named in the order; A person named in...

18 December

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Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand

Posted by Chris Korbel

in Disciplinary Law

Being the subject of a complaint which is before the Chartered Accountants Australia and New Zealand (CA ANZ) would no doubt be stressful and daunting. This certainly would be worse if you are going through this process alone. Potts Lawyers regularly assists clients who may (or are) the subject of disciplinary action and our civil and criminal lawyers often work together to protect our client’s interests. We aim to alleviate our client’s stresses by providing strategic, objective, and realistic advice. It is important to seek legal advice as early as possible and take proactive steps to determine your position. This is not...

18 December

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Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand: Case Conference and Referrals to the Disciplinary Tribunal

Posted by Chris Korbel

in Disciplinary Law

This article is a continuation of the previous article: Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand If you have not reviewed that article we recommend that you view that article first before reading this article. This article discusses what may be involved at a case conference or a referral to the Disciplinary Tribunal. It discusses circumstances where the Chartered Accountants Australia and New Zealand (CA ANZ) have received a complaint about alleged breaches by a member of the CA ANZ, and the Professional Conduct Committee (PCC) have decided to convene a case conference or...

New Code of Conduct for Registered Migration Agents coming into effect 1 March 2022

Confiscations Proceedings in Queensland: How Lawfully Obtained Property can be Seized

Navigating the complexities of workplace investigations involving allegations of criminal conduct

Search Warrants

Arrest Warrants

What is drug diversion?

I have been charged with an offence in rural or regional Queensland. Can you represent me?

Can I apply to vary a domestic violence order?

Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand

Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand: Case Conference and Referrals to the Disciplinary Tribunal

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