Effects of the Draft Bill under Current Relevant and Statutory Law

1104 WordsFeb 19, 20184 Pages
Issue Can the draft bill operate retrospectively (2years) and what effects, if any will this have under current relevant statutory and case law? Advance notice of the Law is an important part of a law abiding community. Josehp Raz stressed that ‘…all laws should be prospectively publicized and clear…’.1 Dixon CJ in Maxwell v Murphy, said; ‘The General rule of common law is that a statute changing the law ought not, unless the intention appears with reasonable certainty, to be understood as applying to facts or events that have already occurred …’2 However, unlike other countries (the US, Sweden) the Australian Constitution does not prohibit retrospective legislation. Legislation in Australia can be enacted ‘ex post facto’. Importantly, under the Australian Constitution it is the federal government that can make laws in relation to issues such as Immigration. Although the common law does not like retrospectivity it will allow it when ‘there is some declared intention of the Legislature – clear and unequivocal…’ 3 Relevant Law Statutory Analysis Interpretation of the Act allows for both Intrinsic and Extrinsic material to evaluated. Can the new Bill, Publications (Immigration Issues) Bill 2014 (Cth), operate retrospectively? In the Prime Ministers second reading speech he clearly states that “The Law will apply not only to new publications, but also to publications made in the last two years…’ 4 Even though the courts generally
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