Law and Statue Law

1518 Words7 Pages
Step 1 The area of law the question is associated with is statute law. The case in question concerns the breach of the local law 36 which states “A person shall not dispose of metals or metallic particles into soil, areas of vegetation, waterways, sewers, drains or similar areas. Penalty: $3000.00”. Yvette, a student sells artworks in her garage in her private residence. The chromium paint she uses contains a small amount of aluminium and while the paint can is being cleaned, some paint may escape the can and flow into a water trough which is not used. The excess water from the trough is designed to flow into an unused well nearby and while a local government officer was inspecting the areas, he caught Yvette in the action of cleaning the can. The legal issue here is that, the officer claimed Yvette is breaching the local law 36 by releasing aluminium from the paint can. Yvette argues that the local law is not relevant to her actions as she followed the correct procedure for cleaning the can which only releases an insignificant amount of aluminium and letting the waste flow into a nearby water storage place. To deal with this argument in the case, the court will carry out the rules of statutory interpretation. Step 2 The basic principles of law followed in Australia that can be related to the current case under statute law are; the law must be both readily known and available, and certain and clear. All people are entitled to the presumption of innocence and to a fair and public trial. These principles must be followed to interpret the legislation and in order for them to be followed, the court must use, the principles, the three rules of statutory interpretation to interpret the case and reach a conclusion that will be fair to ... ... middle of paper ... ...w mentioned. This will prove Yvette to be not guilty of breaching the local law 36. But if the court decides to strictly take a purposive approach, it will only consider the main intention of passing the legislation and may decide to rule Yvette as guilty, enforcing her to pay the penalty. Works Cited Kim, Yule. 2008. Statutory Interpretation: General Principles And Recent Trends. Ebook. 1st ed. https://www.fas.org/sgp/crs/misc/97-589.pdf. Ponting, Jane. 1998. 'The Mischief Rule, The Literal Rule, The Golden Rule'. Legal Studies. South Melbourne: Oxford University Press. 'The Golden Rule Meaning'. 2013. Blog. Golden Rule. http://golden-rule-law.blogspot.com.au/. Tooma, Michael. 2011. Safety, Security, Health And Environment Law. 2nd ed. Sydney: Federation Press. Uniset.ca,. 2014. 'Smith V. Hughes'. Accessed May 15. http://www.uniset.ca/other/cs3/19601WLR830.html.

More about Law and Statue Law

Open Document