Reference no: EM132188045 , Length: word count:2000
Statutory Interpretation Assignment -
Task Overview - Two Questions to Complete
You must complete two parts for this assignment. You should use up to 1000 words for both, to a maximum total of 2000 words.
Part 1 - A research task
Locate a piece of legislation from Queensland or from another state or territory. It must be from 2017 or 2018. It must also be an Act which has an explanatory memorandum as well as an object or purpose section. If you cannot locate either find another Act for this exercise.
First, provide a direct hyperlink to your Act. Then answer these questions:
1. What is the correct title of your Act?
2. Provide a hyperlink to a copy of the explanatory memorandum from when the Act was being introduced into the parliament.
3. Locate a section within the Act which describes its object or purpose.
4. Locate any dictionary or a definition section which helps with interpretation, what is the section and where is it found?
5. Find an example of plain English drafting in your Act. Explain why you believe it is a good example.
Part 2 - A question dealing with a case
Write a case note on this case: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355.
Provide some important short quotes from the judgement. Finish with an analysis explaining its significance to statutory interpretation.
For this exercise your case note should contain all the following:
1. Correct case name and citation.
2. Court / judges' names and titles.
3. Who were the parties and what brought them together in this litigation? (e.g. A&B were involved in a motor car crash in Brisbane in 1956).
4. What were the material facts? Short, to the point, no more than one or at the most two paragraphs.
5. What was the question of law to be decided? (eg. had driver X been negligent?)
6. What principle of law was under consideration or discussion? (eg. an element of negligence which must be present is 'foreseeability').
7. What was the outcome of the case? You must refer to 5 & 6 above, not just say (e.g. the plaintiff was successful). Why was that the outcome?
8. Why is this case important to statutory interpretation?
Hint: Reading a case extract alone will not give you enough detail for a useful case note.