Law Assi .

Topics: Australia, High Court of Australia, Government of Australia Pages: 5 (888 words) Published: August 28, 2013
FOUNDATIONS OF BUSINESS LAW - ASSIGNMENT 1

DUE DATE: Week 4

INSTRUCTIONS TO STUDENTS

All assignments must be submitted electronically using Turnitin by 9 pm Friday March 22.

Please find out if you are also required to provide your teacher with a hard copy.

This assignment comprises FOUR questions that are based on some of the information covered in the first two weeks of the course. All questions must be answered.

The lecture notes are on the portal in Weeks 1 and 2. They include the following two topics:

TOPIC 1 – The Australian Legal System

* Establishment of the Commonwealth Parliament
* Division of power between Commonwealth and State parliaments * High Court interpretation of the Constitution

TOPIC 2 – Sources of Law in Australia

* Court Structure
* Doctrine of Precedent
* Interpreting statutes

The question is worth a total of 10 marks.

The maximum word limit is 750 words.

Note: extra marks will NOT be given for additional information that exceeds the word limit. Marks may in fact be deducted.

This assignment is not an essay; therefore, an introduction and conclusion are not necessary. You must, however, specifically answer the questions provided in a series of sentences and paragraphs.

Cases that are referred to must be referenced in text with their complete citations: e.g. Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129.

This not a research assignment, therefore, you do not need a reference list. If you wish to refer to information in the lecture notes this can be referenced as: “FBL – Lecture Notes 2013”. If you copy the information directly from the lecture notes (or any other source) then the information must be included within “inverted commas” and the source(s) acknowledged.

Please label your assignment with your name and student identification number.

READ THE FOLLOWING CASE STUDY
The South Australian parliament passed the Birdlands Development Act 2012 authorising the State government to build an entertainment complex at Birdlands, an area of park land just east of the city. Birdlands is renowned for its natural habitats and is the home of the exotic Houslum bird, a rare southern parrot.

Birdlands Park – East Adelaide
In 2010 the Commonwealth government had entered into an agreement with various Asian Pacific countries to protect areas of park land from insensitive development. This agreement was called the International Convention for Environment Protection 2010 and in the following year the Commonwealth parliament passed the Parks Preservation Act 2011. (Part of the Act is attached)

In February 2012 the federal Minister for the Environment ordered that Birdlands be listed for regulation under the Parks Preservation Act 2011. The Minister further ordered that the South Australian government would not be permitted to build an entertainment complex in that region. The South Australian government objects to the Minister’s order claiming that the decision to build an entertainment centre within the State is purely a matter for the South Australian government to determine.

PARKS PRESERVATION ACT 2011

TABLE OF PROVISIONS
PARKS PRESERVATION ACT 2011 - LONG TITLE
An Act to provide for the conservation and protection of park lands within the Commonwealth of Australia, and for related purposes

1. Short Title - This Act may be cited as the Parks Preservation Act 2011.

2. Principal Objects

The principal objects of this Act are to:

(a) Give effect to the International Convention for Environment Protection 2010

(b) Identify areas of land within the Commonwealth of Australia as parkland.

(c) Protect areas identified as parkland from insensitive development.

3. Interpretation

In this Act, unless the contrary 相反地intention意图 appears: “Minister” means: the Minister for the...
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