BUSINESS LAW QUESTION: Answer with a complete IRAC analysis. IRAC is Issue, Rule, Analysis, Conclusion.

Identification of the issues

Identification of the applicable legal rules

(principles of law derived from cases and statutes)

Analysis of the facts and application of the law to the facts

Conclusion

CASE STUDY 1 (7.5 MARKS)

In August 2020, the Commonwealth Parliament passes theMobile Phone Bullying (Protection of Children) Act 2020. (Note: This Act is a fictional Act.)

During the second reading of the bill, the Minister informed Parliament that the proposed new Act will prevent cyberbullying and prohibit the use of mobile phones by primary school children to send abusive text messages to their schoolmates.

Mobile Phone

Bullying (Protection of Children) Act 2020

Nov 28, 2020

Long title: An Act to Protect Primary School Children from Bullying through use of Mobile Phones [Assented to 28 August 2020]

The Parliament of Australia enacts:

1. Short title

This Act may be cited as the

Mobile Phone Bullying (Protection of Children) Act 2020.

2. Sale or provision of mobile phones with consent

Any shopkeeper, retailer or wholesaler who sells or provides a mobile phone to a child under the age of thirteen years without first obtaining the written consent of the childs parent or guardian shall be guilty of an offence.

Fact scenario:

Oscar sells mobile phones in a shop. Twelve -year -old Ralph wishes to purchase a mobile

phone as a birthday present for his grandmother. Oscar refuses to sell a phone to Ralph

without the written consent of a parent or guardian. On 1 October 2020, Ralph forges a letter

from his mother and Oscar sells him a phone.

Applying the rules of statutory interpretation, has Oscar committed an offence under the Mobile Phone Bullying (Protection of Children) Act 2020 ? Why/Why not?