Problem

This problem relates to the Farm Dwelling Protection Act 1982. This is a fictitious Act generated solely for the purposes of LAWS104.

Relevant Provisions of the Act:

Section 3 of the Farm Dwelling Protection Act 1982 ("the Act") provides:

• Any person who shall set fire to or in any way destroy any Farm Dwelling or Farm
• Produce shall be guilty of an offence.

Section 4 of the Act provides:

• For the purpose of this Act, Farm Dwelling means any house, stable, coach-house, garage, outhouse, warehouse, office, shop, mill, malthouse, barn, silo, woolshed, granary or like facility.

Section 5 of the Act provides:

• For the purpose of this Act, Farm Produce means any corn, grain, pulse, straw, hay, coals, turf, charcoal, wood or similar product.

Scenario

Sophocles liked camping in the desert regions of central Australia. One day, he was camping near a vast natural gas well and lit his small single-burner butane gas stove to make his

dinner. Unfortunately, a pipe at the nearby gas well had recently ruptured. The spark from the stove ignited the well, causing a massive explosion that was visible from outer space. The ensuing catastrophe destroyed a fleet of long-distance refrigerated trucks parked near the gas well. The trucks were full of frozen seaweed destined for the port of Darwin and eventual sale into nearby Asian markets. The trucks also contained sleeping quarters and a bathroom for drivers.

Applicable case law

In Butler v Harper - a case from 1984 - the Magistrates Court (of your State) considered that a school bus shed came within the meaning of "coach-house" in s 4 of the Farm Dwelling Protection Act 1982.

Legislative history

In his second reading speech on the introduction of the Bill to the House, the Minister for Outback Affairs stated that the purpose of the Farm Dwelling Protection Act 1982 was to deter people from attacking or setting fire to dwellings and farm products in outback Australia. He added that this new legislation was designed to "protect our valuable exports into Asia."

Assume that the Farm Dwelling Protection Act 1982 is an enactment of the legislature in the state of your residence. it is an Act of the New South Wales Parliament if you are based in Sydney. All facts, legislation and cases referred to in this scenario are fictitious.

Task:

Advise Sophocles whether he is likely to be found in breach of the Farm Dwelling Protection Act 1982, having regard to the applicable rules, principles, maxims and presumptions of statutory interpretation.

• Use the IRAC legal problem-solving model to structure your answer.