Interpreting Legal Provisions and Presidential Proclamations

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Questions and Answers

What does section 14 of the Interpretation Act address?

  • The commencement of subordinate legislation
  • The presidential power to issue proclamations
  • The enforceability of legislation by regulatory bodies
  • The circular issue of validity in enacting legislation (correct)

Why is it necessary for section 315 of the Act to commence on a specific date?

  • To allow the President to promulgate it
  • To authorize the enforcement of the remaining provisions (correct)
  • To ensure proper parliamentary procedure
  • To establish a timeline for regulatory framework implementation

In what scenario would subordinate legislation be rendered ineffective?

  • When the President fails to issue a proclamation
  • When original legislation is not operational (correct)
  • When regulatory frameworks are not in place
  • When section 315 is not in force

What purpose does section 14 of the Interpretation Act serve in relation to legislation enforcement?

<p>Addressing challenges with subordinate legislation effectiveness (B)</p> Signup and view all the answers

Why might an Act's practical application depend on regulatory framework structures?

<p>To support the Act's implementation and enforcement (D)</p> Signup and view all the answers

How does section 14 of the Interpretation Act help resolve a practical dilemma with subordinate legislation?

<p>By permitting relevant functionaries to make appointments early (B)</p> Signup and view all the answers

Who typically proclaims the legislation when it is an Act of Parliament?

<p>The President or Premier (B)</p> Signup and view all the answers

What is the role of the executive branch in putting original legislation into operation?

<p>To issue a proclamation for the legislation (D)</p> Signup and view all the answers

Why might the authority to promulgate legislation be delegated by the legislature?

<p>To allow for quicker implementation of the legislation (D)</p> Signup and view all the answers

What does the enacting clause of legislation affirm?

<p>The legislative authority of the particular lawmaker (C)</p> Signup and view all the answers

In terms of Acts of Parliament, who may put the original legislation into operation on behalf of the legislature?

<p>The President or Premier (A)</p> Signup and view all the answers

What distinguishes the delegated authority given to the executive branch to enact subordinate legislation?

<p>It is specific to putting the original legislation into operation (A)</p> Signup and view all the answers

What entity is considered the delegated 'lawmaker' and promulgating agency in the context of the text?

<p>Minister (D)</p> Signup and view all the answers

According to the Interpretation Act, what is the default setting for the commencement of legislation?

<p>On the date of publication (C)</p> Signup and view all the answers

In what circumstances would legislation commence on a future specified date?

<p>As provided in the published legislation (A)</p> Signup and view all the answers

What is the significance of 'not hearing the gun going off' in the context of new legislation?

<p>It highlights the danger of missing the commencement of new legislation (C)</p> Signup and view all the answers

Which entity plays a crucial role in determining the commencement date for legislation?

<p>Interpretation Act (D)</p> Signup and view all the answers

What does section 13(1) of the Interpretation Act specify regarding the commencement of legislation?

<p>Commencement coinciding with publication date (D)</p> Signup and view all the answers

What is the key consideration when determining the fairness of future application of legislation on past events?

<p>Whether the legislation significantly changes existing rights. (A)</p> Signup and view all the answers

In the context of the Children’s Act, what was the effect of repealing the Age of Majority Act 57 of 1972?

<p>It shifted the age of majority to 18 years. (A)</p> Signup and view all the answers

What is the distinction between retrospectivity and retroactivity in the context of legislation?

<p>Retrospectivity looks at past cases, while retroactivity looks at future cases. (B)</p> Signup and view all the answers

How did Section 7 of the Children’s Act impact the age at which a person becomes a major?

<p>It reduced the age of majority to 18 years. (D)</p> Signup and view all the answers

In the scenario provided, what happens to a person who is 19 years old on 30 June 2007 under the Children’s Act?

<p>They remain a minor until they turn 21. (D)</p> Signup and view all the answers

What is the main concern related to possible future practical retro-effect of new legislation?

<p>The potential violation of substantive rights. (A)</p> Signup and view all the answers

Why is the provision in item 8(4)(a) and (b) of the Firearms Control Act 60 of 2000 considered retrospective?

<p>Because it allows prosecution under the new Act for offenses committed under the previous Act. (D)</p> Signup and view all the answers

What is the significance of the absence of a deeming provision in the Firearms Control Act 60 of 2000?

<p>It implies that the Act has retrospective rather than retroactive application. (D)</p> Signup and view all the answers

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?

<p>By setting a maximum penalty equal to that which could have been imposed when the act took place. (B)</p> Signup and view all the answers

Why does the text mention that legislation trumps common law in the context of the Firearms Control Act 60 of 2000?

<p>To highlight the superiority of statutory laws over common-law principles. (A)</p> Signup and view all the answers

Which legal obstacle against retro-effect is explicitly addressed by item 8(4)(a) of the Firearms Control Act 60 of 2000?

<p>Common-law presumption. (B)</p> Signup and view all the answers

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?

<p>They are limited to a specific maximum penalty. (B)</p> Signup and view all the answers

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