LAWS11059 Assessment 2 Statutory Interpretation – CQ University Australia.

Subject Code & Title : Statutory Interpretation
Task Overview : You must complete two tasks.
Part 1: Prepare a document that you will find useful when you are required to solve a statutory interpretation problem.
Part 2: Solve a statutory interpretation problem question based on the material you have read. I require you to provide advice to a client. You can do so in the form of a letter (as would be the case typically with
a solicitor) or in the form of an opinion/advice (as would be the case typically with a barrister).
LAWS11059 Assessment 2 Statutory Interpretation – CQ University Australia.

LAWS11059 Assessment 2 Statutory Interpretation - CQ University Australia.

Notes :
1. I expect students to present their assessment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and you apply prior to the due time/date.
2.Because I release the task near the start of term, you are less likely to obtain an extension even if supported by documentation, than would be the case if I released the task shortly before the time it was due. If you make an application for an extension of time, you should understand that I consider several factors in deciding whether the request is sustainable. I encourage you to allow for contingencies.
3.I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date. If you fail to complete the task by the cut-off date you will receive a mark of zero.
4.I will provide personalised feedback soon after the last date for submission of work. You will receive your mark at that time.
5. I require you to upload your assessment through the Moodle unit website. Submit your entire answer in a single Word (not PDF) document. Do not submit in multiple parts. Only online submissions are accepted and marked.
6.You may consult with peers at your discretion, but the final answer must be yours and will be checked via Turnitin for originality. When sharing ideas, it is important to retain something original for your own response. This is an individual assessment, and you may not collude; which means that you cannot act together to cheat or to plagiarise or engage in academic misconduct.

Why is academic integrity important?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

Your response to the assessment
Answer in short sentences and paragraphs, where appropriate. I value brevity.

Assessment criteria :
I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate clearly, logically and in a concise manner. I expect you to present your paper in a professional manner. Please paginate the paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.

High distinction standard
1. You wrote your answer to practitioner standard and expressed yourself clearly and concisely
2. You presented your paper in a logical structure
3. You demonstrated an appreciation and understanding of the issues involved
4. You backed your answer with well-reasoned arguments demonstrating a detailed insight and analysis of issues
5. You produced a sophisticated analysis from a variety of perspectives
6. You demonstrated mastery of the AGLC referencing system

Distinction Standard
1. Your answer is professionally written
2. You produced a well-structured and logical paper
3. You clearly identified, and appreciated, legal issues
4. You referenced your material correctly
5. You considered appropriate case law, but your analysis and interpretation was not as detailed and reasoned as for high distinction standard

Credit Standard
1. Your answer is generally professionally written
2. Your paper is well structured and sequential
3. Your coverage of issues is reasonably comprehensive with a good treatment and analysis
4. Referencing is satisfactory
5. Your analysis is not as detailed and reasoned as for distinction standard

Pass Standard
I. You could better organise and structure your paper
II. You could identify and address issues in more depth
III. Your paper is confusing or incorrect
IV. Core facts/issues not clearly understood or identified
V. You demonstrated some familiarity with legislation and case law
VI. Your conclusions reached are somewhat simplistic
VII You included quantities of material of marginal relevance in your paper
VIII. Referencing needs improvement
IX. Your analysis is not as detailed and reasoned as for credit standard

The Assessment Tasks

LAWS11059 Assessment 2 Statutory Interpretation – CQ University Australia.

LAWS11059 Assessment 2 Statutory Interpretation - CQ University Australia.

Part 1:
Review the reading from Michelle Sanson, Statutory Interpretation, 2nd ed., Oxford Press, Chapters 1 to 8. Review the rules and the methodology diagram in Chapter 14.

Now come up with a logical five step process which you could use to explain your individual approach to statutory interpretation problems to other students or legal practitioners. As you see fit, you may refer to relevant legislation, cases, rules, regulations, and practice directions.

Start with your own flow chart similar to the one in the text describing the five steps you choose for your model of interpretation problem solving. Here is an example:

My Interpretation Process

Take whatever approach you think works for you however just as an example, your first step might discuss the first three chapters of the text which dealt with the creation of new laws and the role of interpretation legislation. You may choose to combine the two chapters on intrinsic material into one of your steps.

Once you have set out your flow chart, explain your process in an essay format with five distinct subheadings so I can follow your reasoning. Illustrate each of the steps in your process with reference to significant legislation or cases. to demonstrate understanding. For example:

My Interpretation Process – The Details
My First Step – Legislation
I start by identifying the legislation and working out if it is current. When did it commence? ….. etc

Some students may quite logically want to start with identifying the particular issue. For example:

My Interpretation Process – The Details
My First Step – Identify the Interpretation Problem.
I start by identifying the problem with the legislation. Is it an omission of drafting, use of ambiguous language, an absurd result or do I just want to make an argument for a client as to why the law should not apply to them?

When you have completed this assessment, I should have a clear idea of five steps you will take to
consider and respond to a statutory interpretation problem based on the material we consider together from your text book.

Why five steps?
What I want you to do is review and then process the material you have read in a way which may require you to draw multiple issues together to produce a working model you may use later.Although there may arguably be many steps you could include in a flow chart, I want you to read, consider, then group common themes and principles into just five steps so that you demonstrate understanding of underlying principles of interpretation.

Part 2:
Scenario and task:
Mary works for No-Delay Enterprises Pty Ltd (No-Delay). No-Delay is in the import/export business. Last week a customs officer entered the warehouse of the company and took Mary aside to ask her questions to do with certain dutiable goods which are subject to customs control. The investigating officers made it clear that they were at the premises to determine whether they were dutiable goods on the premises which in relation to which duty is payable.

Yesterday the officers contacted Mary to advise that they have formed the view that items at the premises were dutiable and have called upon Mary to pay the duty as a debt to the Commonwealth. Mary is dumbfounded. Despite making it clear that she is a mere employee of the company she is called upon to personally pay the debt. She comes to you for advice.

The term ‘owner’ in respect of goods is defined for the purposes of the Act to include ‘any person (other than an officer of Customs) being or holding himself or herself out to be the owner, importer, exporter, consignee, agent, or person possessed of, or beneficially interested in, or having any control of, or power of disposition over the goods’.

LAWS11059 Assessment 2 Statutory Interpretation – CQ University Australia.

LAWS11059 Assessment 2 Statutory Interpretation - CQ University Australia.

The Crown asserts that an employee of the holder of a warehouse licence can meet the description
of ‘ a person who has, or has been entrusted with, the possession, custody or control of …’ and
therefore Mary is personally liable.

Based solely on statutory interpretation grounds considering purpose, intention and other interpretive techniques, advise Mary as to her prospects of defending this prosecution.

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