LAW5SIN Statutory Interpretation – Semester 2

Question 1 [using practice problem model]
1. Question Presented
Michelle has applied to the Minister under section 10 of the Protection of Movable Cultural Heritage Act 1986 (Cth) (‘the Act’) to obtain a permit to export a Class B object. Whereas, her father – Joe has disclosed his pecuniary interest under section 21(1) of the Act since her daughter is the applicant. At the same time Joe has submitted his intention to be present, for his research purposes, at the meeting at which deliberation of the Committee with respect to discharge of Michelle’s application would take place. However, Joe’s submission was not considered by the Chairperson of the Committee citing section 20(3)(b) as the reason. The interpretation of s 20(3)(b) needs to be examined in order to determine whether the Chairperson’s refusal to consider Joe’s submission was correct.