List some of the differences between statute and common law.

Who has the supreme law making power? And why?

How is the law making power allocated? (in your answer please discuss the doctrine of separation of powers)

Why is the Australian Constitution such an important document?

How is legislation made in Australia?

How can legislation be changed?

Please describe the process of changing the Constitution.

Problem solving:

Early in 1994, Australia participated in an international conference which drew up the Convention on Hijacking. The Convention created offences relating to the national and international hijacking of aircraft.

The following is an extract from Questions without Notice (House of Representatives, Debates 1995, vol 138, 1247):

"Mr Burke - I understand that legislation will shortly be introduced in the Parliament to give effect to the Convention on Hijacking, which Australia has recently ratified. Will the legislation apply to aircraft hijackers presently at large in this country, who cannot be proceeded against under any existing law?

Mr Darcy - The Aircraft Hijacking Bill, which I shall introduce in the House tomorrow, is intended to apply and does apply to hijackers who cannot at present be reached by the law."

The Act...is as follows: Aircraft Hijacking Act 1995 No. 136 of 1995

An Act to deal with national and international hijacking of aircraft [Assented 1 July 1995]

The Parliament of Australia enacts:

Short title - 1. This Act may be cited as the Aircraft Hijacking Act 1995.

Possession of weapons on aircraft

2. Any person (other than a crew member or an aircraft guard) who possesses on board any aeroplane, airship, glider or any other transport whatsoever, any firearm, ammunition, weapon or explosive substance, shall be guilty of an offence punishable by five years' imprisonment.

Diversion of aircraft

3 Any person who causes to be diverted or attempts to cause to be diverted an aircraft from its scheduled course shall be guilty of an offence punishable by life imprisonment.

QUESTIONS

(A) On 1 September 1995, Alfred, an amateur spear-fisherman, is a passenger on an Explorer Bus that is stopped by Federal Police at Braidwood, NSW. He is found to have a spear-gun in his possession. Alfred is charged with an offence under s 2 of the Act. Advise Alfred on the legal issues involved. *

(B) On 24 July 1995, a commercial aircraft is diverted from its scheduled course by a storm on a flight between Sydney and Darwin and the pilot loses radio contact. Before the pilot can resume radio contact, Leila, one of the hostesses, unsuccessfully attempts to force the pilot to fly the aircraft to Townsville.

Leila is charged with an offence under s 3 of the Act. Advise her on all legal issues involved. *

*[You may assume the Act is within the constitutional power of the Commonwealth.]