Interpretation of Legislation Exercise - Law Assignment Help

Assignment Task:

Purpose:
To assess your understanding of the fundamental principles of statutory interpretation and your awareness of the requirements of professional legal writing

Exercise

It is 2020. Thomas is a chemist. He is employed by a leading research institute in Canberra. He has worked on identifying and deactivating dangerous pathogens for the purpose of making vaccines for new viruses. Thomas loves his work and is often invited to give guest lectures in Australian schools, specifically to Year 12 chemistry students. This is strongly encouraged by his workplace, which sees education as an important objective of the research institute. 

On the occasion of giving a lecture to students in a school in Perth in October 2019 Thomas was approached by a Year 12 chemistry teacher, Tim, who said he admired Thomas’ work. Tim said he was interested in novel ways of deactivating viruses with chemicals and asked whether Thomas would make a chemical available to him, for controlled use in a lab, so that he could undertake experiments on deactivating viruses, which he would record for the benefit of his Year 12 students. Thomas was aware that releasing any chemical to a member of the public was contrary to his employment guidelines, but he liked Tim and respected his enthusiasm for finding innovative ways of educating his students. 

The new generation chemical in question is not available to the public. An interesting feature of its application is that it can be used to deactivate a virus as well as to strengthen it, making the virus more resistant to known drugs. The chemical is not the most dangerous chemical known to man, but it is certainly not innocuous either. Thomas trusted Tim and believed that the recording of the process of deactivating a virus with this new generation chemical would give Tim’s Year 12 students an edge. It would also enable him (Thomas) to achieve his KPIs at work. On this basis, and following assurances from Tim on the biohazard precautions that would be implemented, Thomas released the chemical to Tim, together with a document he prepared outlining step by step the process to be followed to deactivate a virus as well as to strengthen it. Thomas confided with a work colleague, Kassandra, about his dealings with Tim. Kassandra was ‘alarmed’ by what she heard and considered it not only ‘stupid’ but also a ‘serious breach of protocol’.

Months have passed and Thomas has not heard further from Tim. 
Yesterday, in the news, Thomas was shocked to hear that a terrorist attack had occurred in Perth when a dangerous new virus – a modified and much more dangerous form of the chicken pox – was released in a shopping mall putting at risk the lives of hundreds of people. Tim had sent the State Premier a letter admitting to the attack in retaliation for government cuts to school funding. The virus had been chemically modified to maximise the spread of the disease and its resistance to known anti-viral drugs. 

This morning the federal police arrived at Thomas’ door and arrested him. He has been told that he is to be charged under the Criminal Code Act in relation to the spread of the virus. Apparently, Kassandra had informed the federal police of Thomas’ involvement immediately upon hearing news of the attack. The ‘instruction’ document Thomas had provided Tim was found on the hard drive of Thomas’ computer.

Thomas seeks your advice on whether he can successfully defend a charge under s 101.2 of the Criminal Code Act 1995 (Cth) (‘the Code’) and any other relevant charge under s 101 of the Code. Advise Thomas, having regard to the context and purpose of the legislative provisions and applicable rules of statutory interpretation.  

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