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What happens in the case of retrospective legislation? 100–120 words (Please note: Australian Tax)

What happens in the case of retrospective legislation? 100–120 words

(Please note: Australian Tax)

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Both state and federal parliaments have the powers to create retrospective legislation. The law is capable of being known to everyone, so that anyone can comply. A law with retrospective application seems by its nature incapable of being known and complied with. In addition a person cannot know of and comply with law that does not yet exist. But that may not be always be the case. Here we can understand why Australian parliaments can validly enact retrospective laws, identifies some common situations where retrospective laws are used and digs deeper into whether or not such laws can co-exist with the rule of law. In most cases there will be some sort of mitigating factor meaning that law, although retrospective, is able to comply with rule of law. Taxation law for example, are often passed with retrospective effect but are typically backdated to the date of announcement by the Government that the law will be created in the future. As a result, potential perpetrators are put on notice in time to change their behavior. The law can thus be known and complied with and is therefore consistent with the rule of law.

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