Question
1. Describe each of the following key components and structure of legislation: 1. Acts 2. Regulations 3. Subordinate legislation 4. Amendments 5. Mandatory codes of
1. Describe each of the following key components and structure of legislation:
1. Acts
2. Regulations
3. Subordinate legislation
4. Amendments
5. Mandatory codes of practice
6. Long title
7. Short title
8. Commencement date
9. Application
10. Contents
11. Definitions
12. Headings
13. Parts
14. Divisions and subdivisions
15. Clauses and subclauses
16. Schedules
17. Appendices
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2. Write a definition of each of the following rules of interpretation.
a. Literal rule
b. Golden rule
c. Mischief rule
d. Purposive approach
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3. Explain the following statements, using examples related to real estate:
a. Express mention of one thing to the exclusion of another (Expressio Unius Est Exclusio Alterius)
b. Words interpreted through their connection with other words i.e. in context (Noscitur a sociis)
c. Words with the same meaning (Ejusdem Generis).
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4. Describe how each of the following external aids can assist you in interpreting legislation and why you would use them:
a. Interpretation Acts:
b. Hansard/parliamentary papers:
c. Legal dictionaries:
d. Previous judicial interpretations of legislation:
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5. Identify and explain three common problems that can occur when interpreting legislation.
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6. Identify and analyse two consequences for misinterpreting legislation, using examples.
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7. Why is it important to interpret/read a piece of legislation using the individual sections (including the purpose/objectives, definitions/interpretation, headings and notes) and the legislation as a whole? Provide an example from the Property and Stock Agents Act 2002 (NSW), that would demonstrate the importance of reading the 'Definitions' section of the act, as well as another relevant section of the act.
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8. Why are some pieces of legislation related to other pieces of legislation? Give an example.
___________________________________________________________________________________________
9. Identify the legislative document and schedule that requires all agents in NSW to have 'Knowledge of Acts and Regulations'. In dot point form list the areas of legislation covered.
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10. Legislation changes frequently in the real estate industry, describe two techniques you can use to identify and track changes and amendments to legislation.
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11. List the full title of the legislation and subordinate legislation, including a brief description that applies to real estate in NSW for each of the following areas (at least one piece of legislation and one piece of subordinate legislation for each this may include Commonwealth and/or state legislation):
a. Secret commissions.
b. Environmental sustainability.
c. Employment and industrial relations
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12. List three reliable online sources where you would find legislation that applies to real estate operations in NSW include the link to each website.
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13. Describe the most effective way to access current and point-in-time versions of the legislation. Demonstrate the techniques you used to access the current and point-in-time version of the Environmental Planning and Assessment Act 1979 (NSW) by including screenshots.
___________________________________________________________________________________________
14. Which regulator would you contact if you need assistance with interpreting the Competition and Consumer Act 2010 (CTH)? What is the purpose and duties of that regulator? Where else could an agency go for advice on legislation?
___________________________________________________________________________________________
15. Misinterpretation of legislation can lead to client complaints, identify and explain three communication strategies you could use to deal with complaints. (word count 25 - 50 words for each strategy)
___________________________________________________________________________________________
All these answers & words must be here in Australia because I live in Australia, thank you
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