FCL Assignment problem 2022 final PDF

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FEDERAL CONSTITUTIONAL LAW (JD)COMPULSORY ASSIGNMENT, SEMESTER 1, 2022A GENERALThe submission of an assignment is a compulsory component of the assessment for this course worth 40% of the final mark. The assignment should take no more than two days to complete. The longer release period has been giv...

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FEDERAL CONSTITUTIONAL LAW (JD) COMPULSORY ASSIGNMENT, SEMESTER 1, 2022 A

GENERAL

The submission of an assignment is a compulsory component of the assessment for this course worth 40% of the final mark. The assignment should take no more than two days to complete. The longer release period has been given to allow students to manage their own time and other commitments. Submission date: An electronic copy of the assignment must be submitted by full-time JD students by way of Canvas on Monday, 4 April by 2.00pm (Sydney time). The date and time of successful submission through Canvas will determine whether any late penalty is applicable. The due date for the part-time evening group is Thursday 14 April by 2.00pm (Sydney time). B.

INSTRUCTIONS

The maximum length for the assignment is 6 pages. It is very important that students be precise and concise in their writing. This is a skill that you need to develop. Footnotes are permitted but must only include citations of sources – not quotations or other forms of text. Students may abbreviate the names of cases and statutes they cite, as long as the first citation is in full and the abbreviated reference is clear. Citations must include the relevant page or paragraph number of the case where the cited proposition is to be found. Material obtained from the internet must be cited by providing the URL address and the date upon which it was accessed. Students should use the Fourth edition of the Australian Guide to Legal Citation (AGLC4): https://law.unimelb.edu.au/mulr/aglc/about. The following specific format requirements are to be observed:      

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A4 size paper is to be used. The text must be typed and double spaced, using Times New Roman 12 pt font. The footnotes must be typed and single spaced, using Times New Roman 10 pt font. There is to be a 2.54cm margin on all sides (including top and bottom) of each page. Each page is to be numbered. The student’s SID number and the Group in which he or she is enrolled (but not his or her name, due to anonymous marking rules) should be included in a header or footer on each page. Kerning (the setting of two letters closer together than is usual by removing or manipulating the space between them) or other manipulations of formatting must not be used and may potentially be considered an act of academic dishonesty. The assignment must be submitted as a MS Word Document (.doc or .docx).

Any pages beyond 6 pages will not be read or marked. If a student’s assignment is incorrectly formatted, it may be re-formatted by the marker and any material beyond 6 pages, as re-formatted, will not be marked.

C.

SUBMISSION

All assignments must be submitted online via the Assignment Drop-box in the relevant Canvas site for this unit. Assignments must be submitted by the submission deadline. Due to the potential for computer problems and as the date and time of submission are recorded by reference to the successful electronic submission of the assignment, please submit essays on Canvas well before the time of the deadline. D

EXTENSIONS AND PENALTIES

For the rules with respect to extensions and special consideration, see: https://www.sydney.edu.au/students/special-consideration.html. Special consideration is now managed centrally by the University. Students may seek a simple extension, before the due date, from the unit of study convenor, Professor Anne Twomey, by email, setting out the relevant circumstances. A simple extension may only be given for up to two working days. For any extension beyond two working days, a student must instead seek special consideration. Penalties Penalties for late submission are set out in the Unit Outline. It says: ‘The late submission of the assignment, if an extension has not been granted, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.’ For more detail, see the Unit Outline, which is on Canvas. Assessment grading guidelines For assessment grading guidelines, go to the Unit Outline on the Canvas page for this unit of study. Click ‘Assessment’ and click the tab for ‘Criteria’ (which is next to ‘Details’). Academic dishonesty and plagiarism For the rules on academic dishonesty and plagiarism, please see: https://www.sydney.edu.au/students/academic-integrity.html. Note that assignments will be submitted to analysis by similarity detecting software. DO NOT PLAGIARISE. THIS INCLUDES COPYING THE WORK OF OTHERS OR GETTING SOMEONE ELSE TO WRITE OR PROVIDE A PRELIMINARY DRAFT OF YOUR WORK.

FEDERAL CONSTITUTIONAL LAW ASSIGNMENT PROBLEM 2022 After serious flooding in New South Wales, particularly in Aboriginal communities in the far west of the State, the Commonwealth Government received a report that noted the problems regional communities have faced in accessing emergency supplies, such as sandbags and the materials to build temporary levies. During a large emergency, the relevant NSW Government body, Emergency NSW, has become stretched and been unable to supply sufficient equipment and supplies. It also charges local councils a significant amount for the provision of emergency equipment and supplies. Local councils would often prefer to source equipment and supplies from local hardware stores, but these stores have been closing down in regional areas for economic reasons. The Commonwealth Government decided that it needed to subsidise hardware stores and emergency supplies so that local communities could help themselves in times of emergency. It decided to target its support at the largest chain of hardware stores operating in regional communities – Dunnings Warehouse. The Commonwealth Parliament enacted the Community Emergency Support Act 2022 (Cth), section 4 of which provides: 4. Appropriation and authorisation of expenditure (1) The sum of $10 million shall be appropriated annually from the Consolidated Revenue Fund and paid to Dunnings Warehouse Ltd for the purpose of subsidising the continued operation of hardware stores in regional communities in New South Wales and to ensure that discount emergency supplies can be supplied to local councils when needed. (2) During any state of emergency declared by the Prime Minister with respect to a region of New South Wales, Dunnings Warehouse Ltd must provide local councils within that region with emergency supplies at a 50% discount. In her second reading speech, the Commonwealth Minister for Regional Affairs stated that s 4 of the Act was supported by: a) the corporations power in s 51(xx); b) the race power in s 51(xxvi), as Aboriginal communities in regional areas have been disproportionately affected by floods and some areas of high Aboriginal cultural value have recently been destroyed by floods; c) the external affairs power in s 51(xxix), in reliance on art 12 of the Convention on the Protection of Persons from Natural Disasters; and d) the nationhood power in s 61 and s 51(xxxix) to deal with emergencies. Article 12 of the Convention on the Protection of Persons from Natural Disasters provides: 12. Each State Party to the present Convention recognizes the right of everyone to protection from natural disasters and shall take measures to prevent natural disasters from occurring.

The NSW Government has previously found that sandbags and other emergency supplies bought from hardware stores are often of poor quality, with potentially catastrophic consequences. Accordingly, it has sought to maintain control over the quality of the equipment and supplies used in emergencies. Section 17 of the Emergency Management Act 1982 (NSW) provides: 17. Use of equipment and supplies During a state of emergency declared by the NSW Minister for Emergency Services with respect to a region, local councils and community groups in that region must use equipment and supplies provided by, or sourced through, Emergency NSW in responding to the emergency. The NSW Government seeks your advice about: 1. whether section 4 of the Community Emergency Support Act 2022 (Cth) is supported by each of: a. s 51(xx); b. s 51(xxvi); c. s 51(xxix); and d. s 61 and s 51(xxxix); and 2. what effect s 4 of the Community Emergency Support Act 2022 (Cth), assuming it was supported by a head of power, would have upon s 17 of the Emergency Management Act 1982 (NSW). Advise the NSW Government. [Note, the Acts and the treaty are fictional. You should confine yourself to the questions asked and not raise issues about other heads of power or constitutional limitations.]...