Highlights
Two Questions to Complete
There are two (2) questions which you must complete for this assignment. Please do them both. If you are succinct, you should be the able to answer both questions appropriately.
Overview of the objectives for the questions
The First Question
The first question is a research task which you often undertake as part of the usual process of interpretation of a statute.
The Second Question
This is a case note question on a prominent case from statutory interpretation.
Read the case in some detail, prepare a note which includes an explanation of where it fits into statutory interpretation law.
You are demonstrating your ability to read and comprehend an important case on statutory interpretation principles.
Question 1
Locate the Narcotic Drugs Amendment Act 2016 (Cth) (‘NDAA’) on the web. Provide the hyperlink to this piece of legislation using a database (other than AustLII) before proceeding.
Answer these questions:
Provide a hyperlink directly to your chosen Act somewhere other than AustLII. What is the long/correct title of your Act?
Provide a hyperlink to a copy of the Explanatory Memorandum (or the relevant Reading Speech) from when the Act was being introduced into Parliament. Who was the Minister or Parliamentarian who introduced this Act as a Bill and what did they have to say about its purpose?
Which section within the Act describes its object or purpose? What is that object or purpose and how is it intended to be carried out?
Locate a dictionary or a definition section in the Act which helps with interpretation, what is the section and where is it found? Are there other examples in the layout of the Act which you find helpful in interpreting the Act? (scan through Chapter 6 in the textbook briefly for ideas if you are stuck.)
Are there any examples of plain English drafting in your Act? (E.g. A simplified outline or grouped definitions.) Provide an example. Locate a piece of drafting in the Act which you think may be challenging and explain why you think this could be the case.
Question 2
Write a case note on one of these cases:
R v L (1991) 174 CLR 379
Or this one
Jenna Gas Networks (NSW) Limited v Mine Subsidence Board [2011] HCA 19
Please read just one of these cases and write a case note on it. Provide some important short quotes from the Judges. Finish with an analysis explaining its significance to statutory interpretation
For this exercise your case note should contain all of the following:
Correct Case name and citation.
Court / Judges names and titles.
Who were the parties and what brought them together in this litigation? (eg. A&B was involved in a motor car crash in Brisbane in 1956).
What were the material facts? Short, to the point, no more than one or at the most two paragraphs.
What was the question of law to be decided? (eg. Had driver X been negligent?)
What principle of law was under consideration or discussion? (eg. An element of negligence which must be present is “foreseeability”).
What was the outcome of the case? You must refer to 5&6 above, not just say the Plaintiff was the successful party. Why was that the outcome?
Why is this case important to Statutory Interpretation?
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