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Posts Tagged ‘statutory interpretation’

Ok, so we all have our own biases. I can deal with that idea.

And the Federal Government’s consultation on the possibility of a federal charter of rights was hardly starting with a blank page, given that the Federal Government took a constitutional bill of rights off the table right from the begining.

And ok, Frank Brennan, self-described fence-sitter, has done Good Things in his life.

Um, that doesn’t mean he’s always right.

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The Full Court of the Federal Court has struck down the World Youth Day Regulation 2008 (NSW) which proscribed the annoying of WYD participants. Note that only the part of the clause referring to “annoyance” has been struck down.

The relevant clause was this:

Clause 7
(1) An authorised person may direct a person within a World Youth Day declared area to cease engaging in conduct that: …
(b) causes annoyance or inconvenience to participants in a World Youth Day event …

(2) A person must not, without reasonable excuse, fail to comply with a direction given to the person under subclause (1).

The Full Court (Justices French, Branson and Stone) delivered a unanimous judgment striking down cl 7(1)(b) in part.

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