Skills of legal writing, Business Law and Ethics

You are a Graduate Legal Officer employed in the Constitutional Policy Unit of the Australian Attorney-General's Department. Until this point, your supervisor, Rodger Dodger, has paid you little attention, and you have not yet been asked to prepare an advice. However, it is the day after 'National Party Day' and all other staff in the Unit have called in sick.   The Attorney-General contacts your supervisor and requests urgent and immediate advice on proposed legislation. The email from the Attorney-General requesting advice is as follows:

---------------------------------------------------

Sent: 1:50PM

To: Rodger Dodger

---------------------------------------------------

G'day Rodger

Another big day in Federal Parliament, mate. The Federal Opposition has put forward the Stop the Boats Bill (2012). Given we've got a hung parliament; it's looking like the Stop the Boats Bill (2012) will get through the House of Representatives and the Senate. The Prime Minister wants to know if the legislation is constitutionally valid, or if there are grounds on which we might successfully challenge the constitutional validity of the legislation if it gets through. Specifically, Section 5 of the Bill provides: 

(1) If any marine vessel with persons aboard who do not possess valid documentation for lawful entry into Australia, approaches Australian territorial waters with the intent to enter Australian territory, or enters Australian territory, that vessel shall be forcibly removed from Australian waters by Australian military vessels, or other military equipment which may be deemed necessary.

(2) Any person in Australiawho:

a) Comments publicly on an event occurring pursuant to subsection 1 commits an offence; or

b) Provides assistance to any person on board a vessel which would be subject to section 5(1) or 5(2) above,  is liable to a maximum of 12 months imprisonment. 

Please prepare a comprehensive legal opinion advising whether section 5 is supported by 51(xxix) of the Constitution of Australia, and/or whether there are any grounds for challenging the constitutional validity of this legislation, and if so, what the counter arguments might be, and what the Court would likely conclude. Please also advise if the situation would be different if the legislation were introduced by the State of Queensland.

Please have this advice to my office by COB today. And keep that unit of yours under control too. I heard they were rather rowdy at the National Party Day festivities!

Yours,

Robby McC

Please prepare a comprehensive legal opinion advising whether section 5 is supported by 51(xxix) of the Constitution of Australia, and/or whether there are any grounds for challenging the constitutional validity of this legislation, and if so, what the counter arguments might be, and what the Court would likely conclude. Please also advise if the situation would be different if the legislation were introduced by the State of Queensland. Please have this advice to my office by COB today. And keep that unit of yours under control too. I heard they were rather rowdy at the National Party Day festivities!

Your supervisor asks you to prepare the advice. You realize this is your big chance to impress your supervisor and show him your legal research and writing skills far exceed your ability to organise the branch morning tea every fortnight. On the basis of your excellent legal education at Bond University, you know a constitutional legal advice should be well structured, well researched, contain practical solutions and provide an executive summary at the beginning of the document.

Posted Date: 2/20/2013 3:07:13 AM | Location : United States







Related Discussions:- Skills of legal writing, Assignment Help, Ask Question on Skills of legal writing, Get Answer, Expert's Help, Skills of legal writing Discussions

Write discussion on Skills of legal writing
Your posts are moderated
Related Questions
QUESTION 1 Arbitration has proved itself to be a valuable scheme in alternative dispute resolution of conflicts. Discuss the advantages and disadvantages of Arbitration as a su

What are the fundamental rights regarding the sea Providing states with a framework to protect their fundamental rights regarding the sea, the 1982 Convention has also set up s

QUESTION 1 Mr. Smith is going for his driving test at the Traffic Branch of the police force in Port- Louis. On his arrival, he approaches Police Constable Edouard to facilitat

International Competition Law -  Select a specific industry or corporation and analyse the factors that determine a competitive or anticompetitive outcome; - Factors such a

Articles of Partnership - Partnership Law However a partnership need not be formed through written agreement, it is accustomed for 'Articles of Partnership' for be drawn up, s

Legal justification - Constructive notice: The legal justification for this rule is that since the company's public documents in its file at the Companies Registry are availab

State Article 15 of air and outer space law Article  15  states  that  any  charges  that  may  be  imposed  or  permitted  to  be  imposed  by  a contracting State for the use

Describe in detail about the - policy makers Elections are used to choose the policy makers, it is not the only mechanism. Since the authority to make decisions may be vested i

Imagine yourself in a situation of being encouraged to inflate your expense account. Do you think your choice would be most affected by your individual moral development or by the

Illustrate the Maintenance Phase of policy process a) Develop a plan for active maintenance and review Who will ensure that policies are actively maintained and reviewed? H