Practice Statutory Interpretation

Practice statutory interpretation

The following is a practice statutory interpretation question. Attempt this, and then check your answer against the answer guide which is available separately.

Question

The Control of Domestic Animals to Prevent Injuries to Children and Vulnerable Citizens Act, 1995 (NSW) (Assented to 1st June 1995) s.1 Short Title This Act may be cited as The Domestic Animals Act. s.2 Interpretation In this Act, unless the contrary intention appears “domestic animal” means dog, cat, ferret, mouse, guinea pig, horse or other pet. “owner” includes registered owner, or any other person in possession of the domestic animal; where a minor is in possession of a domestic animal, the parents or guardians of the minor will be deemed to be the owner “restrained” means chained, secured on a lead, or attached to a fixed object. “registered owner” means the adult person who has registered the domestic animal s.3 All domestic animals must be registered. s. 4. The owner of any domestic animal in a metropolitan area shall restrain the domestic animal at all times. s.5. The owner must control the domestic animal at all times. s.6 Any person in possession of an unregistered domestic animal is guilty of an offence. (Penalty: 50 Penalty Units)

s.7 Any person in breach of sections 4 or 5 is guilty of an offence.( Penalty: 5000 Penalty Units) s.8 Any alleged breach which, if successfully proven, would result in a potential liability in excess of 1000 Penalty Units shall be prosecuted in the Supreme Court of NSW.

Contemporaneous newspaper reports indicate that The Domestic Animals Act, 1995 (‘the Act’) was brought into force to deal with two social problems: Cats destroying native wildlife and injuries to children caused by dog attacks.

In R v Jones (District Court, 1996, unreported) the Court considered section 6 of the Act. Among other things, the Court found that a cockatoo was a domestic animal.

For the purposes of this question do not consider whether any other legislation may have been breached.

of 3 Citing and using the relevant rules of statutory interpretation, advise in relation to the following:

Question 1. ( 15 marks)

Richard lives in outback NSW and likes to hunt. He is President of his local Dog Obedience Club, and he and his dog Rover have won numerous awards in obedience competitions. He has trained Rover to hunt possums and other vermin. In March 2005 Richard and Rover were camping on a friend’s isolated property 50 km from the nearest small town.

The property has been overrun with possums. In return for the campsite, Richard agrees to hunt possums with Rover. Rover kills 25 possums.

Richard takes the possum skins into town to Mary’s sewing shop to have a possum skin rug made for his mother for Christmas. Mary’s husband is the local policeman. Noticing Mary’s new commission he inquires of Richard how the possum skins were obtained.

Richard is charged with breaching the Act. Advise Richard.

Beth has just moved to Orange, and is very excited because her registered dog Molly has just given birth to five pups. Beth needs to start her new job in the Orange Metropolitan Development Office but is confident that her puppies will be safe as her backyard is well fenced.

Gladys, the local neighbourhood watch captain, drops in while Beth is at work, to welcome her to the neighbourhood. Through the cyclone fence, she notices the puppies frolicking freely in Beth’s yard. She calls the police, and Beth is charged with breaching the Act. Advise Beth.

Frank loves his pet magpie, Maggie, which serves as the mascot for his U12 Sydney Football team. Maggie comes to all the games with Frank. In March 2004, Frank, watched by Maggie, is playing in the park at the end of his street with school friends. Unexpectedly, Maggie swoops and injures his friend. Frank runs home to fetch his mother for help.

Later that day, the police knock at Frank’s door and charge Frank’s parents with breaching sections 4 and 5 of the Act. Advise Frank and his family.

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