Week 2 Legislation Research Practice Questions + Answers v1 PDF

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Week 2 Legislation Research Practice Questions + Answers v1 Foundations of Law 2021 T1...

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Foundations of Law Week 2: Legislation Research Practice Questions+Answers Part 1: Finding Queensland Legislation A. Finding Acts in Force i. ii. iii.

Go to the Office of Queensland Parliamentary Counsel (‘OQPC’)/Queensland Legislation site www.legislation.qld.gov.au. Go to In force legislation. Find the current (reprint) of the Griffith University Act 1998 (Qld).

What is the long title? What is the short title? What is the date from which the current reprint is current? When did the Act commence?

What Act was section 5 amended by?

An Act about the Griffith University. Griffith University Act 1998. 1 June 2018. Act to commence on day to be fixed by proclamation (see s 2). Go to Legislative history → List of Legislation for actual date (13 March 1999). Go to s 5 (making sure history notes are turned on) – Act No 75 of 2002.

B. Finding Acts as Passed and Repealed Acts i. ii. iii.

Go to the Queensland Legislation home page. Go to Acts as passed. Find the Aboriginal Cultural Heritage Act 2003 (Qld).

When was the bill for the Act introduced? What was the main purpose of the Act?

Why might finding an Act as passed be important?

Go to Legislative history. The bill was introduced on 21 August 2003. Click on the pdf link for the Act as passed. The purpose is set out in s 4 and is stated to be ‘to provide effective recognition, protection and conservation of Aboriginal cultural heritage’. This is the law as first passed. As a lawyer you may need to understand the legislative history of the Act or to advise on the application of the law to events which occurred at a point in time when the Act as passed was the current law. Also there are times when you do not know the title of an Act (instead you may know it is Act No 79 of 2003 and can then look up the name of the

Act since Acts as passed are also sorted by year). iv.

Consider the Rural Lands Protection Act 1985 (Qld).

Is the Act in force? Where you might you find the Act? Has the Act been repealed?

Go to the alphabetical list for In force legislation. The Act is not listed. You can find the Act in its original form under Acts as passed. You can also check to see to whether the Act has been repealed under the Repealed legislation heading – it was repealed (ie removed from the statute book) on 1 July 2003.

C. Finding Queensland Subordinate Legislation i.

Find the current version of the Animal Care and Protection Regulation 2012 (Qld).

How many Parts does the Regulation have?

What is the currency of the Regulation reprint? When was this Regulation notified?

What is the enabling legislation?

Has this Regulation been amended?

First, locate the Regulation by clicking through In force legislation, then go to the alphabetical list for Subordinate Legislation. The Regulation has four Parts. The Regulation reprint is current from 14 August 2020. Click on Legislative history for the Regulation. The Regulation was notified on 24 August 2012. Click on Authorising Act. The Regulation was made under the Animal Care and Protection Act 2001 (Qld). Yes. Click on Legislative history then History notes, where there is a long list of amendments that have been made to the Regulation.

D. Finding Queensland Bills, First/Introductory, Second and Third Reading Speeches i. ii. iii.

Go to the Queensland Legislation homepage. Click on Bills and find the Human Rights Bill 2018 (Qld). Note that it was introduced on 31 October 2018. Find the Introductory Speech for the Human Rights Bill 2018 (Qld): • Go to the Queensland Parliament website https://www.parliament.qld.gov.au/work-of-assembly/hansard. • Click on Browse by Sitting Dates. • Open 31 October 2018 (nb first set the year as 2018). • Click on Full Transcript – Final.

On what page does the Introductory Speech start? Who made the Introductory Speech? What happened to the Bill after it was read for a first time?

iv.

At page 3183. Hon. YM D’Ath (Redcliffe—ALP) (AttorneyGeneral and Minister for Justice). The Bill was referred to the Legal Affairs and Community Safety Committee (see page 3187).

Find the Third Reading of the Agriculture and Other Legislation Amendment Bill 2019.

On what date was the Bill read for a third time?

Find the Bill on the Queensland legislation website. Click on Legislative history for the Bill. This tells you that the Bill was read a third time on 6 February 2020. On what page of the Queensland Hansard is Page 290 (you need to go to the the Third Reading? Queensland Parliament website and look up the Hansard for 6 February 2020). What is the purpose of the following stages These days, in Queensland, the First in the progress of a Bill: First Reading, Reading comes after the formal Second Reading and Third Reading? introduction of a Bill, with the Minister having tabled the Bill and the Explanatory Note and having made an introductory speech explaining the policy goals etc of the Bill. At this stage the Bill will be referred to a Parliamentary Committee for consideration. The Second Reading phase is for the Minister to respond to committee consideration of the Bll, to further elaborate principles of the proposed legislation and to allow open debate/ contributions from other Members of Parliament. The Third Reading of a Bill is generally a formality, once the Bill has passed the Second Reading (including the consideration and voting on of any proposed amendments to the Bill).

E. Finding Cases Dealing with Qld Legislation i.

ii.

iii.

Go to the Lexis Advance Research database (via the Griffith Library site). Nb you may need to click through Switch to Lexis Advance® Research here on the upper left of the first page you access. Use the Quick Find tool, after clicking on ‘Legislation’ and making sure that the LawNow Legislation box is chosen. Find the Animal Management (Cats and Dogs) Act 2008 (Qld). Enter the name of the statute in the Legislation Title search box. Click through to the statute. Scroll down and click on List of Provisions. Click on s 89 then click on View Legislation Citator. Scroll down to view a list of cases dealing with s 89.

How many cases have dealt with s 89? On what date was judgment given in the 2021 case considering s 89?

What is the name of Tribunal before which nearly all cases addressing s 89 have been heard?

Scroll down to ‘Cases’, where you will see that 34 are listed. The relevant case is Mitchell v Gympie Regional Council [2021] QCAT 040. Click through the case name. The resulting page includes the date of judgment as 29/1/2021. QCAT (Queensland Civil and Administrative Tribunal).

Part 2: Finding Commonwealth Acts A. Finding Acts in Force i. ii. iii.

Go to the Federal Register of Legislation website: http://www.legislation.gov.au/ Choose Acts in Force Find the Paid Parental Leave Act 2010 (Cth)

What is the short title? What is the long title?

What is the Act No.? What is the compilation (ie reprint) date?

Paid Parental Leave Act 2010 – see s 1. An Act to provide for a paid parental leave scheme, and for related purposes – you can find this just after the Table of Contents. Act No. 104 of 2010 (see the top of the first page of the Act). 20 November 2020 (see the top of the first page of the Act).

B. Finding Commonwealth Acts as Passed i. ii. iii.

Go to the Federal Register of Legislation home page. Choose Acts in the left-hand column then select As made. Find the Judiciary Act 1903 (Cth) as it was passed.

What Act No. was this? When was the Act assented to? How many sections did the Act contain?

Act No. 6 of 1903 – see the first page of the Act. 25 August 1903 – see the first page of the Act. 87 (plus a Schedule) – scroll to the bottom of the Act.

C. Finding Subordinate Commonwealth Legislation as Made i. ii. iii.

Go to the Federal Register of Legislation home page. Choose Legislative instruments in the left-hand column then select As Made. Find the Fuel Tax Regulation 2016 (Cth) as made.

When was the Fuel Tax Regulation 2016 (Cth) registered?

1 September 2016. NOTE: Often multiple instruments have very similar titles, as in this case. This can cause problems for some students in the exams when they click on the wrong one.

Is this version of the Regulation also the current version?

Yes. The left-hand column states ‘In force – latest version’. This means that there have been no amendments to the Regulation since it was made.

D. Finding Repealed Commonwealth Legislation i. ii. iii.

Go to Federal Register of Legislation home page. Choose Acts in the left-hand column then No longer in force. Find the Quarantine Act 1908 (Cth).

When was the Act assented to? What was the date of registration of the last compilation of the Act? When was the Act repealed and which Act repealed it?

30 March 1908. 8 June 2016. Repealed 16 June 2016, by the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (Cth).

E. Finding Superseded Commonwealth Legislation Find the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) as it was in December 2013. i. ii. iii. iv. v.

Go to Federal Register of Legislation home page Choose Acts – In Force. Click on Hu. Scroll down to the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). Click on the View Series tab.

What amendments are incorporated into the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) compilation applying in December 2013?

The Act in force at that time included amendments up to Act No. 136 of 2012. You need to open the 2012 compilation, with the first page stating the amendments incorporated into the reprint. You could also scroll down to the End Notes, which shows the amending Acts. NOTE: Another way to get this information is to go to the latest reprint and then look in the notes to see when the amendments happened . . . with this information you can reconstruct which reprint to look at that includes the amendments up to the time you require (see ‘Endnote 3-Legislation history’ in the latest compilation/reprint).

F. Finding Commonwealth Bills Find the Carbon Credits (Carbon Farming Initiative) Bill 2011 (Cth) i. ii. iii.

Go to the Parliament of Australia website (www.aph.gov.au). Click on the Bills link. Here you can browse or search for Cth Bills. Click on ‘more options’ link below the Keyword search box.

iv. v. vi.

Search ‘All’ with Carbon Credits (Carbon Farming Initiative) Bill 2011 in the search box (do not include (Cth) in the search) Make sure you select ‘All’ option next to ‘Parliament No’ and that you choose the ‘Royal Assent’ box only in ‘Status’ Once you have found the Carbon Credits (Carbon Farming Initiative) Bill 2011 (Cth) click through the title to find dates for/access to the First Reading, Explanatory Memorandum (EM), and Second Reading Moved

What is the date that Second Reading was moved? What is the purpose of the Carbon Credits (Carbon Farming Initiative) Bill 2011 (Cth) as stated in clause 3 of the text of the Bill as passed by both Houses?

24 March 2011 Under the heading Documents and transcripts click on the relevant pdf. Clause 3 states: (1) This section sets out the objects of this Act. Climate Change Convention and Kyoto Protocol (2) The first object of this Act is to implement certain obligations that Australia has under: (a) the Climate Change Convention; and (b) the Kyoto Protocol. Incentives (3) The second object of this Act is to create incentives for people to carry on certain offsets projects. Carbon abatement (4) The third object of this Act is to increase carbon abatement in a manner that: (a) is consistent with the protection of Australia’s natural environment; and (b) improves resilience to the effects of climate change.

Search Hansard to find the Second Reading Speech debate. vii. viii.

ix.

Once you have clicked through the Bill’s title, the second reading debate is available if you then scroll down the page. You can also find Second Reading Speeches by searching Hansard. Go back to the Parliament of Australia home page. Click on the Parliamentary Business drop-down menu, and then Hansard. Find the Second Reading Speeches by date for the Carbon Credits (Carbon Farming Initiative) Bill 2011 (Cth). Choose House Hansard in the right-hand column. Click through House Hansard Transcripts for 2010s, then through to 24 March 2011 from the list.

Who made the Ministerial Second Reading Speech? On what page? What happened at the conclusion of Mr Combet’s speech?

Mr COMBET (Charlton—Minister for Climate Change and Energy Efficiency). 3145. Debate was adjourned (see page 3148).

G. Finding Cases Dealing with Commonwealth Legislation Use the Lexis Advance database to find judicial consideration of s 9 of the Racial Discrimination Act 1975 (Cth). i.

ii. iii. iv. v.

Go to the Lexis Advance Research database (via the Griffith Library site). Nb you may need to click through Switch to Lexis Advance® Research here on the upper left of the first page you access. Go to Quick Find, Legislation tab, then Advanced Search - Legislation. Enter the name of the Act and the provision (9) in the appropriate search boxes. Click through the result link to bring up section 9 (the second search result linking to Part II of the Act not the first search result, which refers to ‘Article 9’). Click on View Legislation Citator.

How many cases have considered s 9? What is the most recent decision to consider s 9? vi.

Find judicial consideration of s 183 of the Copyright Act 1968 (Cth) via Lexis Advance.

What case/s deal with trade and commerce-trade practices-confidential information-delivery up of documents?

vii. viii. ix.

x.

179 cases. Matson v Attorney-General (Cth) [2021] FCA 161.

Allied Mills Industries Pty Ltd v Trade Practices Commission (1981) ALR 105

This search can be carried out by clicking on Advanced Search - Cases on Lexis Advance then selecting cases. In the terms box, type in “trade practices commission”. Add the Act title and provision number in the relevant boxes and select Commonwealth as jurisdiction as there are Acts with the same name and year in other jurisdictions. Click search to find the answer

Appendix 1: Quick Reference Guide A. QUEENSLAND What do you need to find? Acts as in Force, Acts as Titles Passed (‘Principal Acts’) Reprint No Commencement/Assent What is a section about? Definitions Subordinate Legislation/ Titles Regulations Reprint No Commencement/Assent What is a section about? Definitions What is the Authorising Act? Bills Explanatory Notes/Speeches Hansard: First, Second, Third Reading Repealed Legislation The last version of the Act or Regulation Superseded Legislation The law at a particular point of time Cases that have Cases that consider an Act Cases that consider a specific considered Legislation section

Database/Site Legislation.qld.gov.au (Qld Legislation) Qld Legislation Qld Legislation Qld Legislation Qld Legislation Qld Legislation Qld Legislation Qld Legislation Qld Legislation Qld Legislation Qld Legislation Qld Legislation Queensland Parliament Qld Legislation Qld Legislation Lexis Advance Research

B. COMMONWEALTH What do you need to find? Acts as in Force, Acts as Titles Passed (‘Principal Acts’) Reprint No Commencement/Assent What is a section about? Definitions Subordinate Legislation/ Regulation

Titles Reprint No Commencement/Assent

Database/Site Federal Register of Legislation Federal Register of Legislation Federal Register of Legislation Federal Register of Legislation Federal Register of Legislation Federal Register of Legislation Federal Register of Legislation Federal Register of Legislation

What is a section about? Definitions What is the Enabling Act? Bills

Explanatory Memorandum (EM) Hansard: First, Second, Third Reading

Repealed Legislation Superseded Legislation Cases that have considered Legislation

Cases that consider an Act Cases that consider a specific section

Federal Register of Legislation Federal Register of Legislation Federal Register of Legislation Parliament of Australia Parliament of Australia Federal Register of Legislation Federal Register of Legislation Lexis Advance Research...