Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Could you give me IRAC answer for this scenario please. In August 2020, the Commonwealth Parliament passes the Mobile Phone Bullying (Protection of Children) Act

Could you give me IRAC answer for this scenario please.

In August 2020, the Commonwealth Parliament passes the Mobile 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

No 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 child's parent or

guardian shall be guilty of an offence.

Fact scenario:

Deni sells mobile phones in a shop. Twelve-year-old Maria wishes to purchase a mobile

phone as a birthday present for his grandfather. Deni refuses to sell a phone to Maria

without the written consent of a parent or guardian. On 1 October 2020, Maria forges a letter from his father and Deni sells him a phone.

Applying the rules of statutory interpretation, has Deni committed an offence under the

Mobile Phone Bullying (Protection of Children) Act 2020? Why/Why not?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Medical Law

Authors: Jo Samanta Ash Samanta

2nd Edition

1137486589, 978-1137486585

More Books

Students also viewed these Law questions

Question

1 What are the three key facets of HRP?

Answered: 1 week ago