Statutory Interpretation
← Non Petroleum Productions in the Arabian Gulf Countries | Business Communication Trends → |
Statutory interpretation is a case where the judge is mandated to construe the statute meaning of the clause or words in order to establish and verify how it will be injected in a similar or different case. This is also known is Australia also as the judicial interpretation, and it is frequently formulated and injected to cases as judicial precedents. The judges are mandated to make laws while trying to understand an Act meaning, this is due to the different reasons that make it sometime unclear of how to exercise the Act, one of this reason maybe that the language that parliament used is confusing and vague (Australian Law Postgraduate Network, 155). This makes the words in the Acts to need more elucidation and explanation; this is contemplated by the statute interpretation of the meaning and intent of the words.
This assignment is going to offer legal advice two fact situations, which are found in possession of Prohibited Chemicals which are punishable offences, this comes after a radical movement group acclaimed that they will poison all public water systems in Australia. On January 2010 Helena (20) and her brother Jonathon (14) found in possession of “Cleano” and on the same month of 2010 Lucia was discovered importing large amount of “Methalin” from South America and storing it in the basement of her house.
Fact situation 1, Helena and Jonathon
Offence- Found in possession of a deadly chemical (Cleano) prohibited under fictitious Act known as the Importation of Prohibited Chemicals Act 2010 (Cth) On 30 September 2009. This act is very severe to the offender and in Australia which has been recently enforced.
Advice- The best advice I would advice that Helena and Jonathan, is to stick to their statement that the chemical Cleano belonged to Jonathan and was in the hotel without the acknowledgement of Helena, this is because under the Prohibited Chemicals Act 2010 (Cth) section 3, which is interpreted as prohibited chemical falls in the group of toxic chemicals and dangerous substances. In this section a child is defined as a person under the age of 16 years, importation is interpreted as shipment in and out of the country, state and within own property (Elhauge, 220).
Under section 4 of the Prohibited Chemicals Act (2010), if a person under this provision is 16 years younger and is in possession of the prohibited chemicals then they are excluded from the penalties that are executed to the person (adult) who is under this section interpreted as any person over the age of 16 (Pearce & Geddes, 100).
Helena if admitting to have awareness to the acknowledgement of prohibited chemicals in the hotel they were residing would make her guilty of the offense under section 3 and 4. This will make her be so because she is 20 years of age, and under the interpretation of section 4 of the Prohibited Chemicals Act (2010) it states that severe reprimanding shall be induced to any person found in possession of any prohibited chemical in Australia (Australian Law Postgraduate Network, 177).
I would argue them to stick to their alibi of Jonathan being the one that has the possession of the prohibited chemicals. Because Helena in the statement stated that she was not aware of the chemical in the room, this makes her not guilty of any offence under interpretation of section 4. This interpretation although Jonathan has a record of juvenile misconducts will excuse him on the basis that he falls on the provision that interprets him as a child and the law under section 4, have no penalties if the chemicals are found being possessed by a person under the age of 16 years (child).
In conclusion the case of Helen and Jonathan has no big impact as the chemical where bout and acknowledgement belong only to the child (Jonathan) and as the prohibited Chemical Act (2010) elucidates that a person under the age of 16 years will not be held punishable if found under the possession of the prohibited chemicals. Looking at the matter in a psychological angle it is acknowledgeable that the relationship between two teenage siblings is not that great, this is especially if they are of different gender. This illustrates that Jonathan could have had the chemical without the acknowledgement of her sister. Unless this case is like Kartinyeri v The Commonwealth (1998) 195 CLR 337, where the majority view was very much dissected. However, section 4 clearly takes Helena out of the reign of being help into possession of the prohibited chemicals, and under the same interpretation due to Jonathan (14) age which this section defines as a child and has not punishable provision for person under the age of 16 years. This will make the case be excused by the merit of the possession and ownership of the chemical belonging to Jonathan who is below the age level which the Act states for punishment (Kartinyeri v The Commonwealth, 1998).
Fact situation 2, Lucia
Offence- Found in possession of a deadly chemical (Methalin) prohibited under fictitious Act known as the Importation of Prohibited Chemicals Act (2010), Lucia was discovered that she was importing Methalin which is one of the prohibited drug in the Prohibited Chemicals Act (2010). The offenders of this crime are under section 5 of the Prohibited Chemical Act Punishable by either life imprisonment or death sentence (Statute Law Review, 182).
However, there is an exclusion that permit if the offender is a permanent residence in Australia compensate for his/her action by the commonwealth to sell off their property for compensation this provision is interpreted under section 5 (2). Though the law strengthened by act which the commonwealth parliament in her second reading Mary Anne McAdams MP said should add more enforcement when addressing a threat issued out by a certain radical group.
Advice- The offense here is very severe as Lucia not only has possession but also imports Methalin which among the most condoned chemicals in Australia. The evidence in her basement are the most darning aspect of the whole case. Under section 5(1) Lucia faces death or life imprisonment in the face, however the same Act elucidates that under section 7 that the only reason that the Commonwealth Chemicals Commission have the right of search and seizure of a person or property is in the case that that particular person has violated section 4 and 5 of the prohibited chemical act (2010) and also the interpretation of section 3 which articulates that the chemical unless regarded in very bad hands and unless expressed to the contrary manner (Winckel, 189).
In the case although there was a discovery and that Lucia is well over the child age limit for execution if a person is fond in possession of the prohibited chemicals. However, the commission not taking further action does not mean that they have stopped investigating Lucia. This means they are investigating her for a reasonable proof (Statute Law Review, 197). Therefore, in the case that she was found in violation of the prohibited chemical Act section 4 and 5, then she can as the act under section 5(2) which allows the sale of property for compensation purposes may let her house be sold for compensation.
The legality question here arises making the Lucia have the upper hand of the ownership and the interpretation of the ownership of the prohibited chemicals. This is best observed in the case where the judgment of O’Connor J in Potter v Minahan interpretation was formulated on “there shall be overthrowing of fundamental principles, general system of law departure and infringe rights as the last degree implausible, this in the view of not clear and irresistible of intention expression; and this would simply b authenticated through assumptions in their natural, widest or usual sense that would offer a meaning which was not even targeted in the first place” (Potter v Minahan, 1908)
Therefore as the authority have not accessed or taken evidence from Lucia all that I would advice her no to do is to dispose of the prohibited chemicals. This is because if the right investigation is carried through then the consequences are very severe to Lucia; this comes as she faces life imprisonment or a death sentence. However, section 5(2) allows any common wealth offenders who have property to sell so that they may compensate on the punishment that would have been allocated to them. This is another angle that would advice Lucia on in the case that she was ever found guilty or the commission decides to search and follow up the investigation and apprehend her (Australian Law Postgraduate Network, 203).
In conclusion basically the hands of the Commonwealth Chemicals Commission are kind tied and the most fundamental aspect that should be noted is the fact that the Profited Chemical Act (2010) under section 5 (2) makes exception to the nationality of this states as they do not represent threat to their own country but are also legible for sale of their property this is done to facilitate compensation (Gotsis, 57). When the Commonwealth Chemicals Commission took no action it means that there was no logical thing that they found alarming with Lucia having possession of the Prohibited chemical or the search was unlawfully committed.
- Business Communication Trends
- Big Drive Auto
- Non Petroleum Productions in the Arabian Gulf Countries
- US Consumer Behavior
![]() |
Jennifer C.
Sulphur, LA
|
|
Your writer did a great job on my history paper. I didn’t have to lift a finger, yet I received an A+. I read the paper and felt like I learned an entire semester’s worth of information. That’s how good it was! |
![]() |
Grace G.
London, UK
|
|
I was quite satisfied with the results of my paper order. EssaysEmpire.com sure has some good writers! I thought it might just be some college kids who were writing in their spare time to earn some extra bucks. No! EssaysEmpire.com hires legitimate writers. They all seem to be well educated and intelligent, too. My paper was terrific! |
![]() |
Marcella M.
Lexington, KY
|
|
Dear EssaysEmpire.com, I am very happy with the work that your writers did for me. I was impressed by the plagiarism report, too. Thanks for everything! |
![]() |
Sharon S.
Dallas, TX
|
|
I greatly appreciate your assistance. Writing has never been my strong point. When I needed help, EssaysEmpire.com gave it to me. I am completely satisfied! |
![]() |
Bruce B.
Purcell, OK
|
|
I had a hard time articulating what my professor wanted, so I was able to speak straight to my writer. After I had explained a little bit, I could tell he understood everything. He then took the ball and ran with it, so to speak. He wrote my paper in two days and it was the picture of perfection! I am very grateful that he knew what to do and how to do it so perfectly. |
![]() |
Phil E.
South Hadley, MA
|
|
So often, when one deals with customer service, he or she is treated rudely. That was not the case with EssaysEmpire.com. The agents were helpful and friendly, knowledable and concerned. I, for one, was astounded with their competence. When it came down to the actual written material that I ordered, it was much better than I had anticipated. There are clearly some expert writers who work for EssaysEmpire.com. I would rate this writing service as exceptional, 5 stars out of 5 stars. I will happily return when I need help with another written work. |
![]() |
Louise O.
Oakland, CA.
|
|
The A+ that I got on the paper that I ordered from you, helped boost my grade up an entire letter grade! Thanks, EssaysEmpire.com! |
![]() |
Zola R.
Salulita, MX
|
|
The paper that I bought from EssaysEmpire.com was a whole lot better than I thought it would be. Thank you for the excellent service and product. I will be happy to recommend you to my friends. |
![]() |
Steve C.
Marion, NE
|
|
Thank you so much! I was assigned a paper that I found impossible to write. I did the reading. I did the research. However, regardless of my weak attempts, I could not formulate a cogent paper. I needed help, and EssaysEmpire.com’s writers were there for me. Customer service even arranged for me to speak with the person who was working on my paper personally. I had a lot of concerns, because my professor was very picky. However, EssaysEmpire.com was able to handle the order with no problem |
![]() |
Kaylie B.
Casper, WY
|
|
Thank you, EssaysEmpire.com, for being the one writing service that I can always depend upon. You are reliable, honest and you do great work. I have been happy with every order I have placed with you |
![]() |
Glynnis H.
Ft. Smith, AR
|
|
Hello! I just had to stop what I was doing to let you know how grateful I am that I found your excellent writing service. I have had to use you three times now, and each time, I have been 100% satisfied with the work that you did. Your writers are absolutely outstanding. I am very, very happy with everything you have written for me. |
![]() |
Rob B.
Tulsa, OK
|
|
I needed APA formatting, EssaysEmpire.com’s writers gave me APA formatting. I needed 2000 words. EssaysEmpire.com’s writers gave me 2000 words. I needed an A+ on my paper to bring up my GPA. EssaysEmpire.com gave me a paper that got an A+. I am a happy person, thanks to EssaysEmpire.com! |
![]() |
Steve Y.
Ft. Worth, TX
|
|
I would just like to say that I am tremendously happy with the two papers that were written for me by the EssaysEmpire.com writers. They were just what I ordered….only better. |
![]() |
Judy C.
Bolingbrook, IL
|
|
I have used EssaysEmpire.com for two years now, and I wouldn’t even consider trying another writing service. I am convinced that there is no other service as good as EssaysEmpire.com, and I only want to work with the best. EssaysEmpire.com has given me well written papers that have come in well before their deadlines, every time. I am happy with EssaysEmpire.com and commit to sticking with them. |
![]() |
Alexandra Z.
Dallas, TX
|
|
I am sitting here reading over what your writing service offers and I just realized that you are the only one that offers free rewrites and full guarantees on your work. This tells me that you are an honest company that I want to do business with. |
![]() |
Hillary M.
Santa Cruz, CA
|
|
I received 100 points out of a possible 100 for the paper that you wrote for me. |
![]() |
Greg C.
Atlanta, GA
|
|
Your writing service is phenomenal. I love the fact that EssaysEmpire.com is even open on Christmas day. You never close, and that tells me that you are dedicated to students like me who might need help over the holidays or any time. The work you do is superior to that of other writing services. I’d say that overall, one simply can’t beat EssaysEmpire.com. Thanks for all that you do for students like me. |
![]() |
Pierre W.
Memphis, TN
|
|
There are four things that I look for in a good writing service. #1. They have to be fast. A good writing service won’t miss an important deadline. #2. A good writing service will let customers actually talk to the writer who is working on their customer’s papers, so the customer can work out important details. #3. A good writing service will have a user-friendly website that is easy for the customer to use and #4, a good writing service will offer quality guarantees. EssaysEmpire.com meets all of this criteria and more. EssaysEmpire.com is the best writing service and has the reputation to prove it. I wouldn’t even consider using another writing service since experiencing the excellence that is EssaysEmpire.com! |
![]() |
Mark R.
Seattle, WA
|
|
I am so happy with my term paper. The writer did a spectacular job!! Thanks to the writing team and also to the customer service team. |
![]() |
Ramona R.
Sparks, NV
|
|
Thank you for doing such stellar work on my paper. How anyone could write a paper this well on a subject this boring, is beyond me. When I tried to write it myself, I thought it would have put my professor to sleep! Your writers made it sound so interesting! I really appreciate that. Thanks a million! |