Law 100 | Issue, Application and Conclusion

Running head: LAW 100
LAW 100
Name of Student
Name of University
Author Note

LAW 1001
Issue
The issue that can be raised in the given case scenario is whether Nic would be
considered as being guilty of an offence under the provisions of section 10 of the Banned
Recreational Drugs Act 2004 (Qld).
Law
The interpretation of any statute can be considered as a vital role for the judges. One
of the major functions of the judges includes the analysing of the cases on the basis of the
provisions that have been provided in the statutes. If the judges are seen as being in failure of
proper interpretation there would be a miscarriage of justice in the system. For the proper
interpretation of the statutes the judges are required to be following the Acts Interpretation
Act 1901 (Cth)1. In this context, the judges are required to be following the provisions of
section 15AA2 in which it has been mentioned that interpreting an Act is required to be done
in a way in which it will be fulfilling the intention of the Act. In furtherance to this, section
15AB(2)(c)3 posits that in a situation in which the Houses of the Parliament or Parliament
Committee are seen as making any kind of speech, report or publication in relation to the
aforementioned Act in concern, then the provision of the Act is required to be interpreted by
way of its reference to the external matters.
In furtherance to this, the court can also be referring to the rules of statutory
interpretation. There are three rules for the interpretation of the statutes. These three rules
include the golden rule, mischief rule and the literal rule.
Golden Rule: The golden rule allows the judges to be deviating from the regular and original
meaning of the words during the interpretation of any law. This permission is provided so
1 Acts Interpretation Act 1901 (Cth)
2 Acts Interpretation Act 1901 (Cth), s 15AA
3 Acts Interpretation Act 1901 (Cth), s 15AB (2) (c)