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代寫LEGAL PRINCIPLES AND INSTITUTIONS LAWS

AUSTRALIAN LEGAL PRINCIPLES AND INSTITUTIONS LAWS1120
STATUTORY INTERPRETATION PRACTICE QUESTION
28TH MARCH 2013
 
On 15th June 2012, the following Commonwealth Act was assented to:
“An Act to Prevent the Importation of Prohibited Chemicals”
Section 1: The Act may be cited as the Importation of Prohibited Chemicals Act 2012
Section 2: This Act shall come into force and effect on 31st of December 2011.
Section 3: Interpretation of Terms: Unless expressed to the contrary, “prohibited chemical” for the purposes of this Act means boxin, toxin, loxin and any other chemical or dangerous substance.
“Child” means a person under the age of 16 years
“Import” includes the importing from outside Australia and between the States of Australia
Section 4: Any person (other than a child) who retains or permits the retention of any prohibited chemical in his house, flat, unit or other place, shall be guilty of an offence, punishable by two years in jail.
Section 5: Any information supplied to the Commonwealth Chemicals Commission (‘CCC’) regarding a breach of section 4 or 5 of this Act shall be investigated by the Commission and the Commission may take action against the offender under this Act.
 
Prior to the passing of the Act, Bob Johnson MP stated in his Second Reading speech that the intention of the government was to “stamp out the importation of chemicals that were likely to be used in ‘terrorist style activities’ against the community. He referred to the recent import of loxin by a terrorist organisation who had threatened to poison the waterways.
 
FACTS:
1.      On 20th December 2012 the CCC officers catch Pamela, aged 20, with a can of ‘Trillo’, a highly toxic industrial carpet cleaner, in the motel room where she and her younger brother Mark are staying on holiday. Mark is 14 years old and a known juvenile offender. He admits the Trillo belongs to him. Pamela says she didn’t know it was there.  Can Pamela escape prosecution under s4 of the Act?
 

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