The question

Find the Material facts from the scenario provided below

Problem

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

Relevant Provisions of the Act

- Section 3 of theFarm 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

InButler 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 theFarm 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 theFarm Dwelling Protection Act 1982was 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 theFarm Dwelling Protection Act 1982is an enactment of the legislature in the state of your residence. Therefore, for students at the Melbourne campus theFarm Dwelling Protection Act 1982is an Act of the Victorian Parliament, whereas it is an Act of the New South Wales Parliament if you are based in North Sydney or Blacktown and an Act of the Queensland Parliament if you are in Brisbane.

All facts, legislation and cases referred to in this scenario are fictitious.