House of Representatives

Higher Education Support Amendment (VET FEE-HELP Reform) Bill 2015

Explanatory Memorandum

(Circulated by authority of the Minister for Vocational Education and Skills, the Hon Luke Hartsuyker MP)

[1]
Australian Law Reform Commission Report 95, Principled Regulation: Federal Civil and Administrative Penalties in Australia, 13 March 2003, Statement of Principle, paragraph 3.110.

[2]
Ibid, paragraph 2.61

[3]
This is also the approach taken by the Canadian Courts in relation to section 11 of the Canadian Charter of Rights and Freedoms, see R v Wigglesworth [1987] 2 R.C.S 541, Matineau v M.N.R. [2004] 3 R.C.S. 737, Canada v Guindon 2013 FCA 153.


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