LAWS1020: Understanding of the Parliamentary Law Making Process - Law Assessment Answer

TASK:

CO1. Discuss and analyse the legislative process from design to interpretation.
CO2. Explain the role of parliaments, parliamentary committees and delegated authorities in legislative and regulatory design and amendment.
CO3. Draft and interpret statutes.

Part A Topics:
You work for the 'Free Australia Party' as a policy advisor to the Attorney General. You have been asked to prepare a Party Room Briefing Note setting out the Attorney's latest legislative proposal for the Party to consider. The Attorney has said you can choose which of the following proposals to prepare.
A. Lowering the Voting age to 16 for federal elections
B. Introducing a Scrutiny of Bills Committee into SA Parliament
C. Providing a Statutory Basis for the South Australian Law Reform Institute.

Part B Fact Scenario
17 year old Ban-Skee was good friends with Don-Di. Both girls are in Year 12 at the new Botanic High School. Last Tuesday Ban-Skee was showing Don-Di her collection of 6 pastel posca pens near the War Horse Memorial on the corner of East Terrace and Botanic Road, when another girl in their Year 12 class, Saber, filmed the two on her mobile phone. As Saber zoomed out, she captured footage of a large peace sign drawn on the War Horse Memorial in pastel pink posca pen. Saber later had a falling out with Ban-Skee and threatened to go to the police with her the video footage and have Ban-Skee charged for putting graffiti on the War Horse Memorial. Ban-Skee seeks your firm's advice about whether she could be charged under the Graffiti Control Act 2001 (SA) and what penalty she could face if the charge is proven.

Tom Eckersley owns an art supply store on Rundle Street and is also Don-Di's father. He hears about Saber's video and starts to panic. He recalls selling a set of thick, chisel point pastel posca pens to a young woman last Tuesday that he thought may be under the age of 18. In line with his usual practice, Tom asked the woman for proof of age, but after she showed him her Law Society of South Australian membership card and assured him she was a newly admitted lawyer and 22 years old, he sold her the posca pens. Tom now fears that the woman he sold the posca pens was in fact Ban-Skee. He also seeks your firm's advice about whether he could be charged under the Graffiti Control Act 2001 (SA) and what penalty he could face if the charge is proven.
A partner in your firm has asked to you to prepare a memo focusing exclusively on the statutory interpretation issues arising from these facts. Another clerk has been asked to look at the criminal law aspects, including the admissibility of the video footage evidence. Your focus should be on the meaning of the key terms in the relevant provisions of the Graffiti Control Act and their application to Tom and Ban-Skee's circumstances. Using the firm's template, please provide a Memo to your partner that summarises:
(a) the key legal questions arising from the fact situation relating to statutory interpretation
(b) the key legal principles that apply to the questions raised on the facts
(c) your preliminary view on the application of the law to the facts
(d) any further information you need to confirm your preliminary view.

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