QLD Evidence of Who the Law Applies to?

Rob Legat - SBPL said:

Within Queensland, loosely:
- Section 2 of the Constitution Act 1867 allows the government to make laws for the "peace welfare and good government of the colony in all cases whatsoever".

- Section 11A of the Constitution Act 1867 provides that the Governor is the Queen's representative in Queensland.

- The Constitution of Queensland 2001 sets out various functions; including the manner in which the Legislative Assembly operates, jurisdiction of the Supreme and District Court, and local government.

- Each Act will state within it what and to whom it is applicable.

- All laws in Queensland are made by one of two ways:

(1) By an Act of Parliament, which is a where a Bill passes through the Legislative Assembly and is voted on, and then receives Royal assent from the Governor; or

(2) By power of delegation in an Act of Parliament for certain reserved matters (eg: local Council by-laws).

So, all laws in Queensland are only laws by assent of the Queen. Therefore, any validly passed Act in Queensland has whatever application it says it does; which is effectively on the Queen's say so.

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Rob Legat - SBPL said:

Prima facie basically means 'until proven otherwise'. If you accept that legislative acts apply to people as "prima facie evidence", then you accept they do until proven otherwise.

I would say that other 200 years of an established system of law, an overwhelming majority of the population during that time abiding by the legislation, and the prevalence of a society based on those legislative concepts is a pretty good support for that 'prima face' position.

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Rob Legat - SBPL said:

There are two fundamental errors in your reasoning:

1. You're applying your own definitions to things. You don't get to do that. And I think this may be the crux of the matter.

2. You're assuming the court will entertain an argument that the legislation doesn't apply. I can assure you that it won't. If you're lucky, you'll get a judge who will give you a long, lengthy explanation that will be miles better than what I can provide you with. If you're neither lucky nor unlucky, the judge will likely roll their eyes at you and suggest you get serious about your matter. If you're unlucky, you'll get a warning for contempt.

If the court accepts something as true, it doesn't need to have evidence presented. You can ask the court to consider any question you like. Whether they do or not is up to them.

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Rob Legat - SBPL said:

No it's not. You can adopt and use someone else's meaning, it's done all the time - such as when anybody uses a dictionary.

My apologies if I skipped ahead, but that was the apparent outcome of the inquiry to me. The thing is, if the court accepts something to be true then it does not need to be proven. Therefore, there is no need for evidence to be submitted. That is what prima facie refers to - it is accepted at face value. If anyone wants to overcome it, it is up to them to lead evidence as to why that should be the case. If parties in litigation had to prove everything from the ground up, the system would grind to a practical halt. So some things, especially common usage things, are taken as given unless and until a successful argument is made to the contrary.

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1. 1.
   consent to receive or undertake (something offered).
   "he accepted a pen as a present"
   synonyms: receive, agree to receive, welcome, take, take receipt of, get, gain, obtain, acquire, come by More
   
   
   antonyms: refuse, reject, turn down
   • give an affirmative answer to (an offer or proposal); say yes to.
     "he would accept their offer and see what happened"
     synonyms: take on, take up, undertake, tackle, take on oneself, shoulder, bear, assume, manage, take responsibility for, be responsible for, engage in, become involved in, take part in, participate in, devote oneself to, concentrate on, address oneself to, go about, set about, approach, handle, get down to, deal with, get to grips with; More
     
     
     
     
     antonyms: defy
   • dated
     say yes to a proposal of marriage from (a man).
     "Reginald was a good match and she ought to accept him"
   • receive as adequate, valid, or suitable.
     "the college accepted her as a student"
   • regard favourably or with approval; welcome.
     "the Irish never accepted him as one of them"
     synonyms: welcome, greet, let in, receive, receive favourably, embrace, offer friendship to, adopt, integrate
     "she was accepted as one of the family"
   • (of a thing) be designed to allow (something) to be inserted or applied.
     "vending machines that accepted 100-yen coins for cans of beer"
2. 2.
   believe or come to recognize (a proposition) as valid or correct.
   "this tentative explanation came to be accepted by the men"
   synonyms: believe, trust, give credence to, credit, give credit to, put confidence in, be convinced of, have faith in, count on, rely on, depend on; More
   
   
   • take upon oneself (a responsibility or liability); acknowledge.
     "Jenkins is willing to accept his responsibility"
   • tolerate or submit to (something unpleasant or undesired).
     "they accepted the need to cut overheads"
     synonyms: tolerate, endure, put up with, suffer, bear, take, stand, support, submit to, stomach, undergo, swallow; More

Rod said:

Could be a long conversation if every verb and noun is going to be argued.

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