Reference no: EM133503144
Questions
1. The presumption that Australian legislation is consistent with international law only applies to treaty law, not to customary law.
True
False
2. Section 35(a) of the Interpretation of Legislation Act 1984 (Vic) requires courts to adopt the literal approach to statutory interpretation.
True
False
3. The most important sources of international law are international treaties and customary international law.
True
False
4. The technical meaning of a word is its meaning as defined by law in case law or statute.
True
False
5. Some statutory presumptions are specialised and only apply to specific types of Acts or provisions (e.g. criminal offence statutes).
True
False
6. The courts have the power to declare delegated legislation ultra vires, or beyond the power granted by the enabling Act.
True
False
7. The literal rule emphasises the ordinary and natural meaning of a provision, and only if that gives rise to an ambiguity or absurdity will courts consider altering the meaning of the provision.
True
False
8. Courts will not refer to authoritative dictionaries to assist in determining the ordinary and natural sense of a word.
True
False
9. Section 35(b) of the Interpretation of Legislation Act 1984 (Vic) grants a discretion to judges to consult extrinsic materials when determining the purpose of an Act.
True
False
10. The presumption against retrospectivity directs courts to presume, unless the contrary intention appears, that legislation does not reach backwards in time to affect legal rights or obligations.
True
False
11. The presumption that legislation does not bind the Crown means:
That Acts do not bind the Executive government unless Parliament expressly provides
That Acts do not bind royalty from other states or countries
That Acts can never be applicable to the Queen or Governor-General
All of the above
12. Legislative intent is determined in which of the following ways?
Intensively
Lackadaisically
Objectively
Subjectively
13. The Charter of Human Rights and Responsibilities Act 2006 (Vic) imposes obligations on which of the following branches of government?
The Legislature
The Executive
The Judiciary
All of the above
14. What is the modern approach to statutory interpretation?
The legal approach
The literal approach
The plain English approach
The purposive approach
15. The Acts Interpretation Act 1901 (Cth) contains provisions that:
Specify intrinsic elements of legislation
Specify some potential extrinsic materials
Deems legislators' behaviour to be good
Both a and b
16. Which of the following is a historical rule of statutory interpretation?
The literal rule
The mischief rule
The golden rule
All of the above
17. The Parliamentary Scrutiny (Human Rights) Act 2011 (Cth) imposes obligations on which of the following branches of government?
The Legislature
The Executive
The Judiciary
All of the above
18. Which of the following maxims means that language should be understood by reference to the surrounding or accompanying words.
Ejusdem generis
Noscitur a sociis
Expression unius est exclusion alterius
Generalibus specialia derogant
19. Which of the following maxims means that a general term following a list of items should be interpreted as referring to the same specific type of items (e.g. sun, moon and other large objects)?
Expression unius est exclusion alterius
Ejusdem generis
Noscitur a sociis
Generalibus specialia derogant
20. The Interpretation of Legislation Act 1984 (Vic) contains provisions that:
Specify when an Act commences
Specify the effect of amendment and repeal
Deems legislators' intentions to be benign
Both a and b