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
Hypothetical case example: Allison is an 18 year old female student is the first year of an undergraduate university degree. She shares a double room in the university dorm wit

Explain what are the primary & secondary sources of information that you can use to conduct your research. If it is primary/secondary, or both state reasons for your answer.

Intention - Element of Contract Moreover to an agreement to constitute a contract then the parties thereto must have intended it for have legal consequences.  Subsequently an

Who would think a documentary about the collapse of a mammoth corporation could play out like a drama with the emotional power of Greek tragedy? But that is the impact of enroll:th

Possessory Lien Possessory Lien right of a party in possession about anothers goods to retain like the m as security about an obligation owned as in the owner.  Therefore the

State the two alternatives of Policy Clustering That combines an element from each of these first two alternatives. One might think of it as a set of processes characterized by

Throughout this course, you have analyzed and discussed case studies and issues on key ethical issues in information technology. Now it is time to consider how these theories apply

Question: i) Sheilana has worked for Tuna Canning Ltd for 15 years. Last Monday Sheilana was called to the Manager's Office and verbally informed that her employment was term

Define the term - Credibility and Reputation Nature and characteristic of the environment in which a policy has been chosen has a number of important implications. As we have a

i need first proposal for a thesis on arbitrtion or construction law which must be practical not theoritecal