Statutory Interpretation and Research Exercise Neil Case Study Law Assignment Help

Assignment Task

Task details
The assessment task is divided into four parts; and each part comprises several questions. You
must complete all parts and all questions. Each of the four parts is of equal value.
Use your discretion as to how to allocate the total word limit (2000 words) between the various
questions. You should keep in mind that marks that are awarded for each part separately, and
generally you should use the mark distribution as a guide. Thus, a part worth 10 marks out of
40 would generally merit 25% of the total word limit (i.e. 500 words), subject to an assessment
of the nature and complexity of the questions asked in that part.
All four parts of this assessment task relate to the following hypothetical scenario. It will
immerse you in a complex web of delegated legislation, which is used with ever-increasing
frequency in the modern regulatory state. As a future lawyer, you will be expected to have the
skills to find your way through these regulatory thickets. Now is a good time to start that
journey.
Neil is an Australian citizen who was brought up in Melbourne. In 2013, at the age of 22, Neil
met several young men who were strong supporters of the Islamic State (IS)—a militant group
that then had effective control over a considerable portion of the territory of Iraq. As a result of
their urging, Neil travelled to Iraq in 2014 to join IS in the hope of becoming a front-line fighter
for the IS cause of building a worldwide caliphate. However, after two years engaged in menial
non-combat duties, he became disillusioned about the prospect of having a meaningful role in
IS, and about the IS cause generally. Neil returned to his family in Australia in 2016.
Following the terrorist attacks on the United States on 11 September 2001, the United Nations
Security Council passed a unanimous resolution adopting a range of measures to suppress
terrorist acts. Australia has given effect to its international obligations under that resolution by,
amongst other things, making laws that allow the assets of terrorists to be frozen. In 2015,
shortly before he returned to Australia, Neil was listed as a proscribed person under Australia’s
asset-freezing laws.
Once back in Australia, Neil took possession of a car and some household furniture that he had
owned prior to going to Iraq. He also has a bank account with the Green Bank of Australia
(GBA), with a cash balance of $200,000. Every year since 2016, Neil has attempted to withdraw
funds from his GBA account for day-to-day living expenses and to make a deposit on a small
apartment. On each occasion, GBA has declined to honour the transaction, stating that his assets
have been frozen and that it is unlawful for the bank to release his funds. Neil has not been able
to obtain any information about the reasons for the freeze or its likely duration.

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