Reference no: EM131314964

BELOW IS A FICTITOUS ACT I NEED TO USE TO ANSWER THE QUESTION

 The Importation of Prohibited Substances Act 2012 (Cth) is fictitious.

In June 2012, the Commonwealth Parliament passed the Importation of Prohibited Substances Act. Prior to the passage of the Act by the Commonwealth Parliament, Mary Anne McAdams MP in her second reading speech of the Bill stated that:

'The intention of the government is to stamp out the importation of chemicals that are likely to be used in 'terrorist style' activities against the community.'

She referred to the recent import of hexa-methalin by the notorious Freedom Fighters Force, a terrorist organisation that threatened to poison all public water systems.

Below are excerpts from the Importation of Prohibited Substances Act 2012 (Cth).

Importation of Prohibited Substances Act 2012 (Cth)

"An Act to Prevent the Importation of Prohibited Chemicals"

1. This Act may be cited as the Importation of Prohibited Chemicals Act 2012
2. This Act shall come into force and effect on 01 July 2012.
3. This Act binds all persons, including the Commonwealth.
4. The main objects of this Act are to prohibit the use of prohibited chemicals and to ensure the investigation of information on the use of prohibited chemicals.
5. Definitions are defined below and elsewhere in the Act as required:

'Commission' means the Commonwealth Chemicals Commission

'child' means a person under the age of 16 years.

'import' includes the importing from outside Australia and between the States of Australia.

'prohibited chemical' means methalin; hexa-methalin; di-hexamethalin and any other chemical or dangerous substance.

1. Any person (other than a child) who retains or permits the retention of a prohibited chemical in his house, flat, unit, apartment or other place, shall be guilty of an offence, punishable by two years imprisonment and/or a fine of $500,000.
2. The following are offences:

(a)     Any person who imports a prohibited chemical shall be guilty of an offence punishable by life imprisonment or death.

(b)     Any person found guilty of an offence under section 7 (a) may be subject to an action by the Commonwealth for sale of any property, including real property, leasehold property, goods and chattels for compensation purposes.

1. This Act shall be read together with the Criminal Code Act 1995 (Cth).
2. Any information supplied to the Commonwealth Chemicals Commission regarding a breach of Section 6 or 7 of this Act shall be investigated by the Commission and the Commission may take action against the offender under this Act.

1. The Commonwealth Chemicals Commission is established under this section.
2. The Commission's  functions are to:

(a)    Ensure the proper administration and enforcement of this Act

(b)   To investigate breaches under this Act

(c)    To provide information, educational and advisory services about the operation of this Act

To refer matters for further investigation to the criminal courts.

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The Scenario

During January 2014, officers of the Commission fail to take any action under the Act when they discover that Brigitta, an Australian citizen who lives in Brisbane, has been buying large quantities of Methalin and storing it in a warehouse belonging to Evo Pty Ltd, a company of which Brigitta is a Director. The containers of Methalin bear the inscription 'Product of Bolivia'. Brigitta owns a motor vehicle, and has $100,000.00 in a bank account in her name.  

Provide legal advice, using statutory interpretation principles and approaches, to Brigitta, the Commission and Evo Pty Ltd in relation to the operation of the legislation in their circumstances.

Your advice must be set out in clear sentences.  You must cite relevant authorities (legislative authorities, case law authorities and legal principles) for all legal arguments