Professional Documents
Culture Documents
Practice Statutory Interpretation Question
Practice Statutory Interpretation Question
Start by carefully reading the question to work out what it is about. If often
helps to underline or highlight key words and phrases as you go through. This
serves as a useful checklist to make sure you have covered all relevant material
in your answer.
s.2 Interpretation
In this Act, unless the contrary intention appears
domestic animal means dog, cat, ferret, mouse, guinea pig, horse or other
pet.
owner includes registered owner, or any other person in possession of the
domestic animal; where a minor is in possession of a domestic animal, the
parents or guardians of the minor will be deemed to be the owner
restrained means chained, secured on a lead, or attached to a fixed object.
registered owner means the adult person who has registered the domestic
animal
s. 4. The owner of any domestic animal in a metropolitan area shall restrain the
domestic animal at all times.
s.5. The owner must control the domestic animal at all times.
Page 1 of 12
s.7 Any person in breach of sections 4 and 5 is guilty of an offence.( Penalty: 5000
Penalty Units)
s.8 Any alleged breach which, if successfully proven, would result in a potential
liability in excess of 1000 Penalty Units shall be prosecuted in the Supreme Court of
NSW.
Contemporaneous newspaper reports indicate that The Domestic Animals Act, 1995
(the Act) was brought into force to deal with two social problems: Cats destroying
native wildlife and injuries to children caused by dog attacks.
In R v Jones (District Court, 1996, unreported) the Court considered section 6 of the
Act. Among other things, the Court found that a cockatoo was a domestic animal.
For the purposes of this question do not consider whether any other legislation may
have been breached.
Citing and using the relevant rules of statutory interpretation, advise in relation to the
following:
Question 1. ( 15 marks)
Richard lives in outback NSW and likes to hunt. He is President of his local Dog
Obedience Club, and he and his dog Rover have won numerous awards in
obedience competitions. He has trained Rover to hunt possums and other vermin.
In March 2005 Richard and Rover were camping on a friends isolated property 50
km from the nearest small town.
The property has been overrun with possums. In return for the campsite, Richard
agrees to hunt possums with Rover. Rover kills 25 possums.
Richard takes the possum skins into town to Marys sewing shop to have a possum
skin rug made for his mother for Christmas. Marys husband is the local policeman.
Noticing Marys new commission he inquires of Richard how the possum skins were
obtained.
Question 2. ( 15 marks)
Beth has just moved to Orange, and is very excited because her registered dog Molly
has just given birth to five pups. Beth needs to start her new job in the Orange
Metropolitan Development Office but is confident that her puppies will be safe as her
backyard is well fenced.
Gladys, the local neighbourhood watch captain, drops in while Beth is at work, to
welcome her to the neighbourhood. Through the cyclone fence, she notices the
puppies frolicking freely in Beths yard. She calls the police, and Beth is charged with
breaching the Act. Advise Beth.
Question 3. ( 20 marks)
Page 2 of 12
Frank loves his pet magpie, Maggie, which serves as the mascot for his U12 Sydney
Football team. Maggie comes to all the games with Frank. In March 2004, Frank,
watched by Maggie, is playing in the park at the end of his street with school friends.
Unexpectedly, Maggie swoops and injures his friend. Frank runs home to fetch his
mother for help.
Later that day, the police knock at Franks door and charge Franks parents with
breaching sections 4 and 5 of the Act. Advise Frank and his family.
Richard, Beth and Franks parents are charged with an offence under the
Domestic Animals Act. You need to understand the provisions of this Act and
any rules of statutory interpretation so that you may properly advise them. The
question may talk about control of pets, BUT IT IS ASKING YOU TO
INTERPRET THE STATUTE. Be careful not to be distracted by red herrings.
STRUCTURE
The question is divided into three parts, each dealing with the same legislation,
but each raising different questions based on different fact scenarios. You
should adopt the structure of the question, and deal with each part separately.
Any relevant law discussed in one question may be referred to in a subsequent
question.
Question 1: Richard
Preliminary matters
DATE: WHEN DID THE ACT COME INTO FORCE? IF THE ACT IS
SILENT WHAT DOES THE RELEVANT INTERPRETATION
LEGISLATION PROVIDE? WHEN DID THE PARTICULAR
BEHAVIOUR OCCUR? IS IT CAUGHT BY THE ACT?
When was Richard arrested? Was the Act in force at the relevant time?
Page 3 of 12
(This is an example of application. You have to show how the law
applies to the particular facts in this question.)
This is an act of the NSW Parliament. Are there any issues with
respect to jurisdiction? If there are no issues, this matter does not need
to be dealt with.
Interpretation
s.5. The owner must control the domestic animal at all times.
Section 3:
Page 4 of 12
How does the law (i.e. what is a domestic animal) apply to the facts of
Rover?
Section 5:
What are the elements of s5 which must be satisfied?
Owner
Control
Domestic animal
At all times
What does control mean? Is it defined in the Act? What other tools
can you use to find the natural and ordinary meaning of this word?
Can you use a dictionary? Why? What is your authority (legal reason)
for this? (e.g. State Chamber of Commerce case?) What legal
approach are you using here? Why? What is your authority?
Having determined the legal meaning of control, look at the facts. Was
Richard in control of Rover? What facts suggest this? Why are you
given details of Richards involvement in dog obedience clubs?
Page 5 of 12
Is it relevant that Rover has killed native animals? Where in the Act is
this an offence?
(Note the process we are using: find the meaning of the word (legal
question) and then look at how/if on the facts, that legal test has been
met. In other words, in solving a statutory interpretation problem we:
1. Isolate the relevant section and its elements
2. Determine the legal meaning of each of the elements, using the
relevant legal tools of interpretation; and
3. Then seek to apply the law to the facts, and test whether or not
on the facts we have available to us, the relevant law has been
satisfied/applies.
This approach will be common to any legal problem solving.)
Question 2: Beth
(Typically, different questions will raise different issues. While there will always
be some overlap, be careful to spot the particular issues raised in the question,
and discuss them, rather than just repeat your prior discussion.
Be careful also when referring to a previous discussion. You can always refer to
a previous legal discussion, but you must make sure that you consider how the
legal position applies to the different facts of each question.)
Preliminary matters
DATE:
Page 6 of 12
You may refer to your earlier legal discussion of when the Act came
into force, but you cant simply say it applies. You have to consider
how/if it applies to the new facts of Beths question.
JURISDICTION:
This is an act of the NSW Parliament. Are there any issues with
respect to jurisdiction? If there are no issues, this matter does not need
to be dealt with.
Interpretation
FOCUS ON THE SECTION: WHAT SECTION ARE YOU
DEALING WITH? WHAT ARE THE KEY WORDS IN THE SECTION
WHICH NEED TO BE INTERPRETED?
s.5. The owner must control the domestic animal at all times.
Section 3:
Is Molly registered? Are her puppies registered? What facts from the
question support your conclusion?
Page 7 of 12
Section 4:
The only two new elements in this section which need consideration
are metropolitan area and restrain. It is not necessary to consider
the legal meaning of any other elements you may simply refer to
your previous discussion, but must consider how/if these legally
defined terms apply to the new facts. (You will not need to do this
with domestic animal as you have already applied it to the facts when
considering s3 above.)
Look closely at the question. Why does it give you such detail about
Beths new job? You are advised that her job is at the Orange
Metropolitan Development Office. How are you going to use this
information?
Page 8 of 12
construction? Are Molly and the puppies restrained not on a common
sense view, but within the meaning of the law?
What does at all times mean? How does your legal definition apply
to the present facts?
Is Beth in breach of s 4?
Section 5:
Remember, the legal meaning of all of these terms has been previously
discussed, so you simply need to apply the law to the facts. The only
new element to be considered is control.
Question 3: Frank
Preliminary matters
DATE:
You may refer to your earlier legal discussion of when the Act came
into force, but you cant simply say it applies. You have to consider
how/if it applies to the new facts of Franks question.
JURISDICTION:
This is an act of the NSW Parliament. Are there any issues with
respect to jurisdiction? If there are no issues, this matter does not need
to be dealt with.
Interpretation
Page 9 of 12
FOCUS ON THE SECTION: WHAT SECTION ARE YOU
DEALING WITH? WHAT ARE THE KEY WORDS IN THE SECTION
WHICH NEED TO BE INTERPRETED?
s.5. The owner must control the domestic animal at all times.
Section 3:
domestic animal means dog, cat, ferret, mouse, guinea pig, horse or
other pet.
What was Rover? What were Molly and her puppies? What animal are
we dealing with in this question? This question will require a more
careful consideration of the definition of domestic animal.
What is the class of dog, cat, ferret, mouse, guinea pig and horse? Will
a two legged bird be part of a class of four legged mammals? Will
Maggie be considered an other pet?
Page 10 of 12
What other information do we have in the question about the meaning
of domestic animal?
Section 4:
Page 11 of 12
What are the elements of s4 which must be satisfied?
Owner
Domestic animal
Metropolitan area
Restrain
At all times
Is Frank the owner? Or are his parents the owner? Refer to the
definition in s2 and consider how this applies to the facts.
Are they in a metropolitan area? Which facts will you refer to? For
whom does Frank play football?
Section 5:
Remember, the legal meaning of all of these terms has been previously
discussed, so you simply need to apply the law to the facts.
Page 12 of 12