Question
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?
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