The Brighton Press Club runs a local online newsletter, spreading news of all events happening in Brighton.
Question:
The Brighton Press Club runs a local online newsletter, spreading news of all events happening in Brighton. Jim Marasco is the editor of the newsletter, and also a devoted bicycle enthusiast. Fellow enthusiasts meet at various cafés along the beachfront to talk about bicycles. The discussion increasingly turns to violent talk directed against motorists. Some members, who really dislike drivers, join together to form the Bicycle Enthusiasts' Group (BEG), with the mission to take revenge on drivers who abuse cyclists.
After an escalation of destructive activities by cyclists against motorists (including damaging their cars), the Victorian Attorney-General introduces a new Bill aimed at curbing this behaviour. She addresses Cabinet on her plans to restrict bicycle gangs such as BEG, outlining the extent of the problem and the resulting increase in crime. A new Bill is then drafted called the Bicycle Regulation and Crime Prevention Bill 2021 (Vic) ('BRCPB').
The BRCPB contains several sections including Section 9 which provides that:
It is a criminal offence for any person to:
(1) assemble in a coffee shop with more than a few members of a proscribed bicycle club; or
(2) declare allegiance to a proscribed bicycle club or treat bicycle club as a religion.
Punishment: 12 months imprisonment and/or $5,000 fine for each offence.
Note: A proscribed bicycle club includes those listed in the Schedule to this Act. (The Schedule includes the club of which Jim Marasco is a member.)
As the attacks by bicyclists against motorists escalate, the BRCPB is passed by both houses of Parliament and receives royal assent on 15 May 2022. The BRCPB becomes known as the Bicycle Club Regulation and Crime Prevention Act 2022 (Vic) ('BCRCPA').
On suspicion of violating the BCRCPA, the Police arrest Jim Marasco and charge him with contravening s 9(1) of the Act. Jim tells you he has not visited a café since the Act was passed.
You are to write a letter of advice to your client Jim Marasco. In your advice you should apply the rules of statutory interpretation to consider the terms of the BCRCPA. In particular you will need to provide advice to Jim on:
• whether the meaning of section 9(1) of the BCRCPA is clear;
• whether the court can rely on Cabinet documents and other extrinsic material to aid interpretation of the BCRCPA; and
• whether the BCRCPA can have retrospective operation.
Quantitative Methods for Business
ISBN: 978-0324651751
11th Edition
Authors: David Anderson, Dennis Sweeney, Thomas Williams, Jeffrey cam