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Assume that the Victorian parliament passed the Rubbish Reduction Act 2011 (Vic) to reduce littering. Section 24 states: 'It is an offence to drop rubbish
Assume that the Victorian parliament passed the Rubbish Reduction Act 2011 (Vic) to reduce littering. Section 24 states: 'It is an offence to drop rubbish in a park. If there are no rubbish bins available in the park, the rubbish must be removed by the patron and disposed of elsewhere.' On their way to the AFL Grand Final sporting event, Jannik drank a beer in the Yarra Park next to the stadium. As he could not find a rubbish bin anywhere in the park, he threw the empty can onto the footpath immediately outside the entrance to the park and moved on. The scene was captured by CCTV camera, and he has been charged under s 24 of the Act and fined $600. Which statement or statements is (or are) more likely to be CORRECT? i. Jannik's lawyer will rely on a purposive interpretation of section 24. ii. The prosecutor will seek to rely on an interpretation of section 24 which follows the literal approach. iii. Under a purposive approach, the Court may conclude that 'elsewhere' (ie. beyond the park's perimeter) would not include an area within such a close proximity to the park's entrance. iv. Under a literal approach, the Court may conclude that 'elsewhere' (ie. beyond the park's perimeter) did include any area outside the park's entrance, no matter how close to the park it was. Question 12Answer a. (iii) and (iv) are likely to be correct. b. Only (iv) is likely to be correct. c. (i) and (ii) are likely to be correct. d. Only (i) is likely to be correct
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