Question
One morning, Belinda is lying down on the beach, using her ipad. At the same time, Wayne is on his early morning run along the
One morning, Belinda is lying down on the beach, using her ipad. At the same time, Wayne is on his early morning run along the beach and does not see Belinda who is hidden behind a mound of sand. Wayne trips over Belinda.
Section 2A of the Public Space Act 2021 (Qld) (the "Act") states that "Persons shall not engage in any activities in a public area that could cause harm to other citizens".
Wayne sues Belinda for a breach of s 2A of the Act, claiming that Belinda was engaging in an activity that caused him harm.
Belinda does some research into the Public Space Act 2021 (Qld) and according to a report of a parliamentary committee submitted before Parliament passed the legislation, the purpose of the Act is to protect members of the public from people carrying on dangerous activities in public places. Which one of the following best describes if Belinda has breached the Act?
a. Belinda has breached the Act because according to the literal rule of statutory interpretation, she has clearly engaged in an activity in public that caused harm to another citizen.
b.
Belinda has not breached the Act because according to the extrinsic materials, the purpose of the Act was to protect members of the public from people carrying on dangerous activities in public spaces. Belinda was not undertaking a dangerous activity in a public space when Wayne injured himself.
c.
Belinda has breached the Act because no crime shall go unpunished and Belinda had been negligent in her actions towards Wayne, by lying on the beach.
d.
Belinda has not breached the Act because there is no relevant rule of statutory interpretation that would find her guilty of committing a crime.
e.
Belinda has breached the Act because according to s 15AB of the Acts Interpretation Act, extrinsic materials can be used to ascertain the purpose of the Act. Reports of a parliamentary committee fall under the types of extrinsic materials in s 15AB. Therefore, referring to the parliamentary reports, Belinda has breached the Act based on the purposive approach.
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