LAW1111: AUSTRALIAN LEGAL SYSTEM
STATUTORY INTERPRETATION – ESSAY QUESTION
Read through the Marking Criteria to assist you with preparing your assessment.
Format of assessment
Question of the assessment is to be delivered in written essay format and must include the mandatory headings as noted in the final page of this document.
Note: Use only the legislation provided to you in this document, along with the relevant Acts Interpretation Act and Constitution, extrinsic sources such as a dictionary, and statutory interpretation cases to provide a review of each client’s matter applying your statutory interpretation skills. No further legal research is required.
Your assessment needs to be uploaded via Study Desk in a Word document format in a font preferably Arial or Courier, size 11, 1 ½ line spacing. Turnitin will run over your assessment to determine any concerns of plagiarism. If there are concerns from this report, the course leader/examiner will contact you.
Extracts from the fake legislation and other resources provided below.
Local Government Rates and Fees Act 2020 (Qld)
An Act to provide local government with powers to collect rates and fees from real property owners for various purposes.
1 Short title
This Act may be cited as the Local Government Rates and Fees Act 2020.
2 Objects of the Act
To provide processes for:
collecting rates and fees from real property owners;
dealing with unpaid rates and fees;
complaints by real property owners to ensure accountability of the local government.
2 Definitions
2.1 Rates are levies that the Local Government imposes—
(a) on real property; and
(b) for a service, facility or activity that is supplied or undertaken by—
(i) the Local Council; or
(ii) someone on behalf of the Local Council (eg a garbage collection contractor).
2.2 Local Government
(a) Local Government is an elected body that is responsible for the good rule and Local Government of a part of Queensland. Local Government areas may be divided into areas called Local Councils.
2.3 Property – see definition in the Acts Interpretation Act 1954 (Qld).
3 Act binds all persons
This Act binds all persons.
4 Powers of the Minister for Local Government
The Minister for Local Government has the powers and responsibilities under this Act including but not limited to:
ensure compliance with the purpose and objectives of this Act;
determine any new rates or fees payable by real property owners;
prosecution of any person or entity who breaches this Act.
Part 1 – Rates and fees
10 Requirement to pay rates
(a) The Minister for Local Government may set rates and fees payable by real property owners, to be paid on their holding of real property within the jurisdiction of Queensland.
(b) All real property owners are required to pay the rates and fees on a quarterly basis to the Local Council.
(c) Failure to pay the rates and fees on time, will incur a penalty to be applied of 20% interest on the outstanding balance until the rates outstanding get to the same market value of the real property.
(d) At the discretion of the Minister for Local Government, or person designated, they may issue a notice under section 15.
15 Notice of seizure
(a) A notice of seizure of real property may be issued by the Minister or a person designated by the Minister, to a real property owner who has not paid their rates or fees.
(b) The real property owner must pay the amount stated in the notice within 10 Business Days.
Failure to comply with the notice gives the right to the Minister or person designated to commence proceedings to seize the real property and sell it to recover the outstanding debt;
Any costs associated with the sale will be payable by the real property owner.
Part 2 – Miscellaneous
25 Complaints process against Local Government
Where a real property owner is aggrieved by the actions of the Minister for Local Government, they may file a complaint with the Queensland Ombudsman for further investigation. The Queensland Ombudsman has the power to direct the Minister or the person designated to remedy any error discovered in the process or stop any action for seizure and sale under section 15.
End Notes
This Act commenced on 1 July 2020.
EXPLANATORY MEMORANDUM Extract
The Bill will enable the Local Government including the Local Councils, more power to charge rates to cover any costs associated with the provision of services to their local areas. There is an increasing number of owners not paying their rates which has affected the Local Council’s ability to provide services.
Clause 2.1
Rates need to be more broadly defined so Local Government or the designated Local Council can charge what is needed.
Part 1 – Rates and fees
The owners are not paying on time so interest will be chargeable at the highest rate possible. This will ensure that the owners pay quickly or will be subject to their property being seized and sold.
Part 2 – Miscellaneous
To provide accountability of such measures, the Queensland Ombudsman will have the power to investigate any complaints and direct the Local Government or designated Local Council to remedy actions inappropriately taken.
Second Reading Speech, Hansard 2020, 1 June 2020 by the Honourable Bob Bloggs (Minister for Local Government)
The Local Councils are struggling to pay their contractors for work provided for the benefit of land owners. It is not good enough for land owners to avoid paying their rates and just expect the services to still be provided. It is time that they start paying high interest on their outstanding debts or risk their property being sold. The amending legislation will provide the Local Government Minister powers to designate the Local Council to issue notices to seize property.
We will be mindful that owners may be experiencing hardship and have provided a complaints avenue for owners to go to the Queensland Ombudsman if the Local Government or their designated Local Council, have been inappropriate with their actions.
ASSESSMENT
QUESTION
You are a solicitor employed at the law firm XYZ Lawyers. The following client has attended the firm seeking assistance with their issues. Using only the legislation provided to you, along with the relevant Acts Interpretation Act legislation and statutory interpretation cases, provide a review of your client’s matter applying your statutory interpretation skills.
Note: Ensure you use the mandatory headings provided on the last page of this assessment document. You will need to apply your analysis to the issues raised by the client and reach a conclusion in your essay. There will be gaps in the facts provided, so you can note some questions you would raise with your client.
FACT SITUATION
Within the jurisdiction of Queensland, people who are owners of real property are required to pay a form of tax known as rates. This is required to be paid to the Local Council and on a quarterly basis. The Ipswich City Council, who is a Local Council in Queensland, have been concerned that the rates are not enough to cover what they need to perform by way of services for the local areas. They asked the State Government to pass further amending laws to enable the Council to create further taxes so the Council can collect more monies from the property owners or apply interest to outstanding balances of unpaid rates.
Ms Heritage
A client has come to your law firm seeking advice for what to do with a notice they received that suggests the Ipswich City Council will be repossessing their home due to unpaid rates. Ms Heritage has a large home in Ipswich which has been in the family for over 100 years which has been classed as a heritage building. She does not have the funds to fix it, nor pay the rates as she is relying upon a pension for her income. The rates debt has been unpaid for 15 years with the outstanding balance currently $1.2 million. The property’s market value is $1.3 million.
Upon review of the legislation passed in 2020, it appears the new interest rate payable has severely impacted your client with her unpaid rates tripling. Ms Heritage is concerned that if her home is taken, she will have nowhere to live, and the Council may sell the home to recoup the debt and leave her with very little.
Provide the Ms Heritage advice based upon your analysis of the fake Act, using statutory interpretation methods and any avenues of complaint she may have under the Act.
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