Question 1 PUN363 (Legislation quiz) – Environmental Health Law
1. Is the Public Health Act 2005 public or private law? Explain your answer.
2. Is the Acts Interpretation Act 1954(Qld) an administrative law, criminal law or both? Explain your answer.
Max. 15 lines
QUESTION 2 :
- Explain the ‘rule of law’ and why it is important. Provide a specific example of where the ‘rule of law’ has been incorporated into a piece of environmental health legislation.
Max. 10 lines
QUESTION 3 :
- Briefly explain four (4) sources of law and how each source of law effects/is relevant to environmental health law.
Max. 15 lines
QUESTION 4 :
- Explain when precedent is binding.
Max. 15 lines
QUESTION 5 :
- Explain when persuasive precedent may be considered.
Max.5 lines
QUESTION 6 :
- Fill in the blank.
- powers allow both the Commonwealth and State governments to make laws about specific issues, but if there is any inconsistency, the Commonwealth law prevails.
- Powers which are only held by the Commonwealth (e.g. the power to levy customs) are known as
- If a subject is not mentioned in the Australian Constitution, the power to make laws about that subject defaults to the State government. This is known as
Max. 1 word per cell
QUESTION 7 :
- Explain the concept of separation of powers. Does separation of powers exist in Australia? Explain your answer.
Max. 10 lines
QUESTION 8 :
- How does the Queensland Government define ‘policy’ from a legislative perspective?
Max. 5 lines
QUESTION 9 :
- Discuss the factors that influence government policy and the development of legislation. Provide an example of how various factors have influenced the development of a specific piece of environmental health legislation (i.e. it is recommended you select a piece of legislation covered in module 2).
Max. 15 lines
QUESTION 10 :
- If a piece of legislation can impose conditions on a licence, which fundamental legislative principle should it conform to?
Max. 10 lines
QUESTION 11 :
- What are fundamental legislative principles? Why are they important? Provide 3 specific examples (other than setting licence conditions) of how different fundamental legislative principles have been incorporated into environmental health legislation.
Max. 20 lines
QUESTION 12 :
- Summarise s.4(5)(a) of the Legislative Standards Act 1992. Provide a specific example of how this requirement has been applied in environmental health legislation.
Max. 10 lines
QUESTION 13 :
- Natural justice includes the ‘right to be heard’. Provide an example where the ‘right to be heard’ has been incorporated into a piece of environmental health legislation.
Max. 5 lines
QUESTION 14 :
- Chapter 4 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) regulates ‘environmental assessments and approvals. In this chaptertimeframes are set for specific decisions to be made or actions to be taken. For example, s.70 of the EPBC Act provides timeframes in which the Federal Minister may request referral of a proposal. These timeframes are specified in ‘business days’.
- What is a ‘business day’ for this Chapter of the EPBC Act?
- Is 7 May 2018 (Labour Day in Queensland) a business day for this Chapter of the EPBC Act?
Max. 10 lines
QUESTION 15 :
- Section 171 of the Work Health and Safety Act 2011 states that an inspector can require production of documents. Can an inspector use this power to get a copy of a photo stored electronically on a company owned computer?
Max. 10 lines
QUESTION 16 :
- Explain four rules (i.e. rules that are not from legislation) used when interpreting legislation.
Max. 10 lines
QUESTION 17 :
- 60(1) of the Public Health Act 2005 states “A person manufacturing, selling, supplying or using paint must comply with the standard”. Can a company be prosecuted for this offence? Explain your answer.
Max. 5 lines
QUESTION 18 :
- Determine if the following scenarios are a ‘public health risk’. If it is a public health risk, identify if it is a state or local government public health risk.
- Cockroaches and flies breeding in waste which is accumulating in a residential back yard.
- A commercial swimming pool which has not been chlorinated correctly and a sample of the pool water has tested positive for Cryptosporidium.
- Chemical waste contamination of porous surfaces in a house that was previously used as a clandestine drug lab (i.e. illegal drugs were manufactured in the house).
Max.20 lines
QUESTION 19 :
- What is an ‘authorised prevention and control program’? When would this type of program be used? Are there any limitations on this type of program?
Max. 15 lines
QUESTION 20 :
- Are there mandatory training requirements for people who apply termite treatments to homes? If yes, specify the training requirements.
Max. 10 lines