30 Questions
What does section 14 of the Interpretation Act address?
The circular issue of validity in enacting legislation
Why is it necessary for section 315 of the Act to commence on a specific date?
To authorize the enforcement of the remaining provisions
In what scenario would subordinate legislation be rendered ineffective?
When original legislation is not operational
What purpose does section 14 of the Interpretation Act serve in relation to legislation enforcement?
Addressing challenges with subordinate legislation effectiveness
Why might an Act's practical application depend on regulatory framework structures?
To support the Act's implementation and enforcement
How does section 14 of the Interpretation Act help resolve a practical dilemma with subordinate legislation?
By permitting relevant functionaries to make appointments early
Who typically proclaims the legislation when it is an Act of Parliament?
The President or Premier
What is the role of the executive branch in putting original legislation into operation?
To issue a proclamation for the legislation
Why might the authority to promulgate legislation be delegated by the legislature?
To allow for quicker implementation of the legislation
What does the enacting clause of legislation affirm?
The legislative authority of the particular lawmaker
In terms of Acts of Parliament, who may put the original legislation into operation on behalf of the legislature?
The President or Premier
What distinguishes the delegated authority given to the executive branch to enact subordinate legislation?
It is specific to putting the original legislation into operation
What entity is considered the delegated 'lawmaker' and promulgating agency in the context of the text?
Minister
According to the Interpretation Act, what is the default setting for the commencement of legislation?
On the date of publication
In what circumstances would legislation commence on a future specified date?
As provided in the published legislation
What is the significance of 'not hearing the gun going off' in the context of new legislation?
It highlights the danger of missing the commencement of new legislation
Which entity plays a crucial role in determining the commencement date for legislation?
Interpretation Act
What does section 13(1) of the Interpretation Act specify regarding the commencement of legislation?
Commencement coinciding with publication date
What is the key consideration when determining the fairness of future application of legislation on past events?
Whether the legislation significantly changes existing rights.
In the context of the Children’s Act, what was the effect of repealing the Age of Majority Act 57 of 1972?
It shifted the age of majority to 18 years.
What is the distinction between retrospectivity and retroactivity in the context of legislation?
Retrospectivity looks at past cases, while retroactivity looks at future cases.
How did Section 7 of the Children’s Act impact the age at which a person becomes a major?
It reduced the age of majority to 18 years.
In the scenario provided, what happens to a person who is 19 years old on 30 June 2007 under the Children’s Act?
They remain a minor until they turn 21.
What is the main concern related to possible future practical retro-effect of new legislation?
The potential violation of substantive rights.
Why is the provision in item 8(4)(a) and (b) of the Firearms Control Act 60 of 2000 considered retrospective?
Because it allows prosecution under the new Act for offenses committed under the previous Act.
What is the significance of the absence of a deeming provision in the Firearms Control Act 60 of 2000?
It implies that the Act has retrospective rather than retroactive application.
How does item 8(4)(b) of the Firearms Control Act 60 of 2000 limit the penalties for acts committed before the Act's enforcement?
By setting a maximum penalty equal to that which could have been imposed when the act took place.
Why does the text mention that legislation trumps common law in the context of the Firearms Control Act 60 of 2000?
To highlight the superiority of statutory laws over common-law principles.
Which legal obstacle against retro-effect is explicitly addressed by item 8(4)(a) of the Firearms Control Act 60 of 2000?
Common-law presumption.
What does item 8(4)(b) of the Firearms Control Act 60 of 2000 reveal about the penalties for acts committed before the Act's enactment?
They are limited to a specific maximum penalty.
This quiz focuses on understanding the legal intricacies surrounding the commencement of Acts and the authority of presidential proclamations. It explores the relationship between enabling Acts and subordinate legislation in the context of legal validity.
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