Reference no: EM133212521

Due to an increasing number of drownings, in May 2022 the Federal Parliament passes the Open Waters Restriction Act 2022 which restricts persons from entering certain classified waterways, as set out in the legislation. The object of the Act, according to section 1, is to discourage people from intentionally entering dangerous waters, primarily to ensure personal and public safety. Under section 12 of the Act, a person who "enters the water of a restricted waterway commits an offence and is liable for a fine of up to $10,000."

In June 2022, Tony is fishing from his boat, when he loses balance and falls into a restricted waterway. Tony is seen by police in the water and is charged with contravening section 12 of the Open Waters Restriction Act 2022.

In Court, the Magistrate considers section 12 of the Act, in light of its purpose as stated in section 1. The Magistrate also considers the second reading speech made by the Minister who introduced the Bill into Parliament, in which it was made clear that the Bill should only apply to people who enter prohibited waterways intentionally. Despite these considerations, however, the Magistrate paid particular attention to a report prepared by legal academics at the University of Queensland, which argued that the Act should be interpreted literally and that intention was not required to establish an offence under the Act. On this basis, the Magistrate found Tony guilty.

Applying the rules of statutory interpretation as they exist in Queensland, including any appropriate case law and legislation, consider how the matter should be resolved and whether the Magistrate was correct in his/her findings. In providing your answer, discuss which items the Magistrate was and/or was not entitled to consider when interpreting section 12 of the Open Waters Restriction Act 2022.