EXERCISE 4.5 - INTERPRETING THE LAW Spiro works in a shop that sells mobile phones. Twelve-year-old Richard wishes to purchase a mobile phone as a birthday present for his single mother. Spiro refuses to sell a phone to Richard without the written con- sent of a parent or guardian. Richard forges a letter from his mother and Spiro sells him a phone. EXERCISE 4.6 - INTERPRETING THE LAW Jerry owns a small convenience store. On 1 October 2016. Jerry is looking after his 10-year-old niece, Sarah, while her parents are out of town. Jerry takes Sarah shopping at the local mall and he gives one of his mobile phones to Sarah in case they are separated. Sarah has the phone in her possession for three hours and then returns it to Jerry without using it. Jerry does not have Sarah's parents' written permission.EXERCISES In February 2016, the Australian Federal Parliament appointed a special committee to look into the problem of cyber-bullying: the use of mobile phones by primary school children to send abusive text messages to their school mates. After months of serious investigation, the committee presented its report to Parliament. The following is an extract from the report: We have heard a great deal of evidence and we are satisfied that there is a need for strong legislation to protect Australian school children from cyber-bullying by their classmates. The proposed new Act will prohibit the use of mobile phones in the schoolyard and will target careless and irresponsible parents. None of the provisions of the proposed new Act will apply to children outside of school using mobile phones responsibly. In August 2016, the Federal Parliament passed the Mobile Phone Bullying (Protection of Children) Act 2016 (Cth) (see figure 4.1 1). (Note: This is a fictional Act.) Mobile Phone Bullying (Protection of Children) Act 2016 No 28, 2016 An Act to Protect Primary School Children from Bullying through use of Mobile Phones [Assented to 28 August 2016] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Mobile Phone Bullying (Protection of Children) Act 2016. 2 Sale or provision of mobile phones with consent Any shopkeeper, retailer, or wholesaler who sells or provides a 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. 3 Irresponsible supervision of children If the teacher, parent or guardian of a child knowingly or carelessly permits the child to: (a) use his phone while at school; or (b) use a phone to transmit a threatening, abusive or bullying text message to another child, he shall be guilty of an offence. 4 Penalties Persons found guilty of an offence under section 2 and section 3 of this Act shall be liable to a fine of not more than one hundred dollars or a fine of not more than one thousand dollars. FIGURE 4.11 Mobile Phone Bullying (Protection of Children) Act 2016