Reasons For Interpreting Legislation: Problems As A Result From The Drafting Process

Question 1

Mistakes can occur during the drafting of an Act

Answer 1

Parliamentary counsel may make mistakes when drafting a bill

Question 2

Give an example of how a mistake can occur during the drafting of an act

Answer 2

Section 51 of the Crimes Act originally required witness to support sexual exploitation of mentally impaired individuals. It was unlikely that there would be witnesses to such behaviours so the Act was amended

Question 3

The Act might not have taken into account future circumstances ( answer with example )

Answer 3

The Commonwealth of Australia Constitution Act 1900 gave the commonwealth parliament power to legislate over naval and military defence. At the time the Act was passed, an Air Force was not established

Question 4

The intention of an Act might not be clearly expressed

Answer 4

This can lead to confusion about how to interpret the Act

Question 5

There might be inconsistent use of the same word in the Act ( giving it different meanings )

Answer 5

This could occur in the Act itself or could be caused by an amendment that is not consistent with the original Act

Question 6

An Act may not include new types of technology ( answer with example )

Answer 6

An Act referring to CDs and DVDs may not include MP4 players

Question 7

What incorrect terms may Parliamentary counsels use when drafting the legislation

Answer 7

Technical terms

Question 8

What may there be inconsistencies with?

Answer 8

Other statutes

Question 9

Where might the word in an Act not be defined?

Answer 9

In the Act itself

Question 10

What type of definition might the word be in the Act?

Answer 10

Too broad