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Problem Question 1 Due to concerns about undisclosed share trading by Parliamentariars the Commonwealth Parliament passes the Share Monitoring Act 2007 (Cth) (the Act).
Problem Question 1 Due to concerns about undisclosed share trading by Parliamentariars the Commonwealth Parliament passes the Share Monitoring Act 2007 (Cth) (the Act). Section 2 of the Act gives the Attorney-General the power to assign an eligible person' to a standing inquiry into share trading and report to the Attorney-General on a regular basis. An 'eligible person' is defined in s 3 of the Act as 'a Judge of the Federal Court of Australia'. The eligible person' is to 'independently report' to the Attorney-General on compliance with the spirit of Parliament's share trading policy' and is granted wide powers under s 23 of the Act to investigate share trading by parliamentarians and make orders as to whether rules of evidence should apply in relation to any evidence which a Minister is compelled to give to the inquiry. Justice Ima Truth is appointed under s 2 and issues a summons to the Shadow Agriculture Minister, Frank Finchy, compelling him to give evidence under s 23 of the Act without the application of rules of evidence. Justice Truth prepares a report for the Attorney-General specifying that Frank Finchy's agricultural share portfolio does not comply with the 'spirit of the Ministerial share trading policy'. Advise Frank Finchy whether he can challenge, on constitutional grounds, Justice Truth's investigation.
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