Administrative Law Assignment
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we have allot of work to do. Please see all of the 4 files I am now attaching and please take note of the highlighted areas I have done. If you make a legal statement “The Minister cant do this” for example. You MUST back it up with legal authority… what law allows this statement. Also this matter can be heard in the Federal Court, not just the HCA. files coming now..
These five headings must be used..
This is your first draft with my highlighted comments and requirements, please follow.
You must use this law I have provided you. I have highlighted what is relevant.
Again, I had provided a sample answer, you must put something together similar to this. The highlighted aera are all relevant to this problem question. please use.
| Headings to be used |
Project Details Paper Topic : LAW400: Administrative Law Style : AGLC Language Style : English (U.K.) Type of Assignment : Acedemic Level : Number of Sources : 1 Order Instructions Please check and follow guidelines and requirements carefully
ADMINSTRATIVE LAW 400 ASSIGNMENT
A SAMPLE ANSWER FOR DIFFERENT SET OF FACTS
What grounds could be argued in challenging the determination and the prospects of success
LAW
- Does the Determination meet the formal requirements to become a legislative instrument?
The facts provide that s12 of The Act[1] allows the minister to determine vehicle standards by legislative instrument. This section of The Act is the enabling provision which enables regulations to be made to achieve a certain purpose. If vague, one could also focus on the language within the enabling provision if required to make the determination.[2]
There are three formal requirements to evaluate if the determination will be allowed to become a legislative instrument. Consultation, Publication & Tabling with Parliament.
Consultation
The facts provide that the under The Act the Minister must ensure that consultation has occurred with key stake holders and authorities in which The Act will effect[3]. The Minister may also have other statutory obligations in relation to consultation before making legislative instruments.[4] However statutory authority appears to be quite lenient and if it is found that the Minister is not imposed to allow consultation, The Minister could need to justify these actions by providing an explanation in its absence,[5] this is provided by way of an explanatory statement in which Parliament can have the opportunity to scrutinize.[6] Again, if the Minister fails to lodge an explanatory statement in relation to the legislative instrument to Parliament for registration this will not effect the validity or the enforceability of the instrument,[7] resulting in any lack of conformity for consultation on the Minister behalf almost irrelevant.[8]
Publication
The Minister will then have a legislative requirement to publish the determination with the Federal Register of Legislation.[9] The legislative instrument will not be enforceable until it is registered and if so will come into effect on the date of registration.[10]
Tabling
Once the proposed legislative instrument is registered, it must then be tabled before both houses of Parliament within six sitting days of that house.[11] If the registered instrument is not laid before Parliament within that period it will cease to have effect.[12]
If we have determined that the formal requirements have been to enact the legislative instrument, we must then ask has the Minister and Administrators conduct fall within the determination?
- Is the legislative instrument reasonably proportionate to the end to be achieved?
[1] s12 Motorised Means of Transportation Act 2015
[2] South Australia v Tanner (1989) 166 CLR
[3] s13 Motorised Means of Transportation Act 2015
[4] s17 Legislation Act 2003 CTH
[5] s15J (2) (e) Legislation Act 2003 CTH
[6] s15G (4) Legislation Act 2003 CTH
[7] s15k (2) Legislation Act 2003 CTH
[8] s19 Legislation Act 2003 CTH
[9] s15K (1) Legislation Act 2003 CTH
[10] s12 Legislation Act 2003 CTH
[11] s38 (1) Legislation Act 2003 CTH
[12] s38 (3) Legislation Act 2003 CTH
ADMIN LAW ASSIGNMENT
In providing your advice to S and H, you must separately discuss the following issues:
Please use these 5 headings in the paper as instructed …..
- justiciability and jurisdictional matters in respect of judicial review of the regulation;
- the validity of the regulation and grounds of challenge in relation to it;
- justiciability and jurisdictional matters in respect of judicial review of the refusal of a protection visa;
- the validity of the decision to refuse issuance of a protection visa and grounds of challenge in relation to it; and,
- the remedy or remedies that may be sought in respect of judicial review of both the regulation and the decision to refuse the protection visa.
Answer preview:
Word: 2,000