In Queensland, Parliament passes the Public Spaces Safety Act 2026 (Qld). One section states: “A person must not use a ‘personal transport device’ on a footpath in a declared pedestrian precinct.” The Act defines personal transport device as “a device designed to carry one person, propelled by an electric motor.”
Soon after, a case reaches the Supreme Court of Queensland. A person is fined for riding an electric skateboard on a footpath in a declared pedestrian precinct. The person argues the law was intended to target e-scooters, not skateboards. The court must decide whether an electric skateboard is a personal transport device within the definition.
After the decision, community debate grows. A parliamentary committee recommends an amendment to clarify whether electric skateboards are included, and proposes adding an explicit exemption for people using mobility devices for a disability.
b. Analyse two ways Parliament could respond to the court’s interpretation of the Act, and explain what each response shows about the relationship between legislation and case law.
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 6 marks, testing your understanding of Legislation vs case law. It falls under Topic 1: Governance in Australia in Unit 3: Law, governance and change. Submit your answer above to receive instant AI-powered marking and personalised feedback.
In Unit 3, students examine the complexities of the Australian legal system and its capacity to deal with the diversity of competing needs. They explore the role of legal institutions and law-making bodies in creating laws that reflect the views of society. Students consider the range of forces that create catalysts for change and reform, and how laws are changed or reformed to reflect shifting societal demands.
In Topic 1, students consider the processes and roles of government in shaping law in Australia and Queensland. They examine how federal and state or territory legal institutions respond to forces of change and the impact of landmark cases.
the relationship between legislation and case law
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