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LAW1112 - Public law and statutory interpretation - S2 2025

LAW1112 - Public law and statutory interpretation - S2 2025

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Evans v New South Wales (2008) illustrates which of the following presumptions of statutory interpretation?

Presumption that penal statutes are construed strictly

Presumption that legislation with a beneficial purpose will be construed in favour of the person seeking compensation

Presumption against redundancy

Presumption that the words of a statute are ‘always speaking’

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Which of the following is not a common law right protected by the Principle of Legality?

Freedom from inhuman treatment

Personal liberty

Freedom of movement

Freedom of speech

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Why is it important to start the interpretation process with the text of the legislation?

Because the literal meaning best reflects role of the courts in interpreting legislation

Because the literal meaning is the legal meaning

Because the literal meaning is the surest guide to legislative intention

Because the literal meaning should always be preferred unless it creates an absurdity

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In which step of the statutory interpretation process should ‘Ejusdem generis’ be employed?

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In the case of Victims Compensation Fund v Brown, what did the High Court say about the meaning of the term ‘and’?

It is a disjunctive phrase

It is a ‘portmanteau’ phrase

It is a conjunctive term

It is a composite expression

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In Momcilovic v The Queen, what did the High Court find in regard to Section 32 of the Victorian Charter of Human Rights and Responsibilities?

That s 5 of the Drugs Act was not compatible with the Charter

That s 5 of the Drugs Act was invalid because it infringed the Charter

That the Charter required s 5 of the Drugs Act to be read in such a way as to protect the presumption of innocence

That the Charter was unconstitutional because it violated the Separation of Powers by giving the Courts powers to change the meaning of legislation

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Which statement best reflects the definition of ‘legal meaning’

the meaning that the legislature intended

the meaning of the term in light of the purpose of the legislation

the ordinary literal meaning of a term

the dictionary definition of the term

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Which of the following best describes the effect of Section 32 of the Victorian Charter of Human Rights and Responsibilities on statutory interpretation?

It allows courts to set aside legislation that is inconsistent with the Charter

It requires courts to interpret legislation consistently with human rights in the Charter, to the extent possible, consistent with the purpose

It requires Parliament to pass legislation that is consistent with the Charter, or else the legislation will be invalidated

It gives the Charter precedence over other laws, including legislation passed by the Victorian Parliament

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Under the Victorian Charter of Human Rights, which statement is correct?

It guarantees absolute rights that no law can limit.

It has no legal force, only aspirational.

It is a statutory bill of rights applying to all Victorian government levels.

It applies only to Victorian Government actions, excluding local governments and individuals.

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Which quote from the High Court best described how the rule of law is protected in Australia?

“the rule of law supports neither expansion of judicial power nor contraction of legislative or executive power beyond those limits that inhere in the text and structure of the Constitution.”

“Among these I think that it may fairly be said that the rule of law forms an assumption”

”Judicial review is neither more nor less than the enforcement of the rule of law”

”the Australian Constitution is framed upon the assumption of the rule of law”

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