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Qualification national code and title 10262NAT Certificate III in Police studies
Unit/s national code/s and title/s POLJUS301A Apply key concepts in law and justice to issues
in policing
1. draft of bill
2. House of Representatives
 presentation of bill for discussion
 First reading
 second reading
 consideration of the bill in detail or by veto (Stevens et al., 2015)
 third reading
3. senate (same process )
4. Governor general for the assent
5. law
b. The bill says that graffiti implements are defined by regulations. Any regulations made
under this Act would be an example of delegated legislation. What is delegated
legislation? What are the advantages of this type of legislation?
Delegated legislation is a form of legislation which is not made directly in form of Act by the Parliament,
rather under the observation of authority of an Act of Parliament. In delegated legislation, Parliament has
the regulative power to limit the governmental power for making certain regulation under the acts.
Advantages of delegated legislation:
 flexibility: easily changeable
 parliamentary supervision: affirmative or negative resolution
 judicial control: judicial review
 speed: such law ensure fast and effective implementation
 adaptability: easy to adapt by local council
3. You are the magistrate needing to decide the following hypothetical case:
Ms Brown is being prosecuted for driving under the influence of alcohol in breach of the
hypothetical section 40 of the hypothetical Road Control Act 1960 WA. Ms Brown agrees that she
consumed a significant amount of alcohol and indeed her blood alcohol level was .18. However
Ms Brown is pleading not guilty. The facts are that Ms Brown’s car had broken down and was
being towed by her friend in a ute using a tow rope. Police observed Ms Brown steering her towed
car which was swerving across the marked lanes on South Road, Mile End. When police stopped
Ms Brown (and her friend) they observed that Ms Brown smelled of alcohol and that her speech
was slurred. Ms Brown’s defence is that she was not “driving” as she was being tow. Section 4 of
the Act defines “driving” as being in control of the vehicle.
a. What is your decision? What rules of statutory interpretation do you consider and what
rule or rules do you use to come to your decision? (Answer this part on the basis that there
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2016
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