Question
Please give me some guidance on how to answer this question appropriately. I am in Australia Problem 2: Assume, hypothetically, that the following Act exists:
Please give me some guidance on how to answer this question appropriately. I am in Australia
Problem 2: Assume, hypothetically, that the following Act exists: Maritime Safety Act 2020 (Cth). Assume also that this Act contains the following sections: Short Title: "An Act to protect public safety on the waterways". [Assented to 1 February 2020] 3 Objects of Act The objects of this Act are: (a) to protect public safety on the waterways; and, (b)to provide a common system of maritime signs, symbols, beacons, buoys and marks. 4 Definitions In this Act "maritime signs and symbols" shall include all signals, symbols, warnings, signs, posts, beacons, buoys, marks or devices. 28 Endangering public Any person who deliberately interferes with any maritime sign or symbol or any part of a maritime sign or symbol shall be guilty of an offence. Penalty: $2000 fine and/or imprisonment for up to two years. Donna was a cartoonist and a boating enthusiast. She also liked the occasional game of "dare" with her friends. After losing a game, Donna's friends dared her to design a new cartoon character and place it in five locations around Central Beach. Donna created five characters out of wire. Thinking her friends would be most impressed, she took her boat out in the very early hours of 1 April 2020 and fitted her wire creations to the top of five red and green navigation markers which were located towards the mouth of the Crab River (where it enters the ocean at Central Beach). She placed the creations over the top of each marker carefully so as not to obscure the red and green colours as she knew the importance of these markers. She was just about to place the fifth character on the final marker when she was apprehended by water police and charged under S 28 of the Maritime Safety Act 2020 (Cth). You are a solicitor and Donna now seeks your assistance. What advice would you give Donna concerning what a Judge is likely to decide and why a Judge would decide this? In providing your advice to Donna, you should keep in mind that the Judge determining the matter is required to apply Section 15AA of the Commonwealth Acts Interpretation Act 1901 which provides: In interpreting a provision of an Act, an interpretation that would best achieve the purpose or object of the Act (whether or not that purpose or object is expressly stated in the Act) is to be preferred to each other interpretation.
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