Question
You work for an International Liquor supply chain, 'Party Pop'. The company is hoping to 'corner the market' in delivering alcohol to parties, especially late
You work for an International Liquor supply chain, 'Party Pop'. The company is hoping to 'corner the market' in delivering alcohol to parties, especially late teen, 18th and 21st birthdays via online purchases. Your boss is new to Australia and has recently discovered that some of the laws about the 'secondary supply' of alcohol are different depending on which State! The penalties are sometimes different too, depending on the State.Your boss wants to understand more about Australia's legal system and asks you to write her a memo explaining howthe Australian legal system allows for different States to have different laws.
She is also aware of a recently failed prosecution of a case based on 'responsible supervision'. In that case, the court took into account that the alcohol was supplied at a dinner party and it was only 'one glass' of wine to a 17-year-old. The judge said 'it is clear that this legislation is intended to ensure that those under 18 years of age do not come to harm through intoxication and one glass of wine is unlikely to harm a near 18-year-old adversely'. Explain the doctrine of precedent to your boss. She is interested to know what the ratio of this recent case might be and to what extent it might form a precedent for the supply of wine to teenagers.
He has read this article by theAustralian Government, Dept. of Health 2019 'Alcohol Laws in Australia' dated 22 Feb 2019andAlcohol and Drug Foundation 2017 'Secondary Supply'
Answer these specific questions and explain to your boss,via memo format(see sample on course page), why:
a.in Australia's legal system the States may havedifferentlaws from one another.
b. Explain, generally who makes, enforces and adjudicates State laws in relations to 'secondary supply'?
c.the impact of the doctrine of precedent on compliance with the law in different factual situations regarding secondary supply.
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