Sample Essay on:
STATUTORY INTEPRETATION AND THE COURTS (AUSTRALIA)

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Essay / Research Paper Abstract

This 6-page paper discusses varous aspects of Australian law, most specifically the banning of importation of dangerous chemicals and littering in a public place.

Page Count:

6 pages (~225 words per page)

File: D0_MTstaaus.rtf

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Unformatted sample text from the term paper:

Australia. Question 1 - dealing with importation of goods into Australia that could be used to manufacture firebombs. In May 2004, 10 cases of pyrogallic acid being imported into the country by a local photographer were seized in Brisbane as "dangerous," though this chemical is commonly used to develop photographs (as well as to make fire bombs). 1. Set out the reasons that are likely to be put forward on behalf of the photographer to argue that the order made by the Prime Minister (and the subsequent seizure of the pyrogallic acid) is invalid. This could be argued under the common law guidances and presumptions when it comes to defining the purpose of an object. The one that the defendant can use in this case would be noscitur a sociis, in other words, whether or not the meaning of the word (or object) is derived from its context. Additionally, he could argue the ejusdern generic - in other words, if the words take their meaning from the word in which they are associated. The word, in this case, would be "explosive." The photographer, in a sense, can argue that "pyrogallic acid" and "explosive" are not necessarily the same words (or meanings) and as a result, the photographer can argue that the purpose of the import was not for the purposes of making bombs, but for developing film. The photographer can furthermore argue the case that the pyrogallic acid could be considered a tool of his trade, and that seizing the tools of his trade, for him to be able to make a living, is a wrong thing to do, no matter what the provocation. ...

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