Essay The Legal Issue Of The Publications

1735 Words Apr 29th, 2015 7 Pages
MEMO
I. Issue:
The legal issue to whether the Publications (Immigration Issues) Bill 2014 (Cth) ( 'Publications Bill ') , as it’s currently drafted would be able to operate retrospectively in Australia. This legal issue needs to act retrospectively so publications made before and after the commencement of the Act are to be classified illegal.
II. Relevant Law:
(a) Statutory Analysis of the Bill (450 words)
The Publications Bill main issue is whether it can operate retrospectively. The Publications Bill is clear and would be easy for Courts to interpret, including explicit and detailed definitions and clear punishments for these offences. The long title, which states that it will “restrict publication of materials relating to immigration matters, to create public interest obligations relating to publications, and for other purposes,” does not mention that the Publications Bill will act retrospectively, making it hard to distinguish the purpose from this section. In s 6 of the Publications Bill it describes how a person may be charged and it is based on a single persons 'opinion '. This opinion does not allow for a just decision as an act because there may be bias. The Publications Act outlines offences that would happen in reaction to these offences. This clear outline could be accepted as it is clear, like the definitions, and is understandable to the public.
The approach a Court would use is the modern approach, which overrules the traditional approaches. The…

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