[blml] Sykes and Mist Beads [SEC=UNOFFICIAL]

richard.hills at immi.gov.au richard.hills at immi.gov.au
Fri Feb 1 01:01:43 CET 2008


2007 Law 40B2(a):

>The Regulating Authority is empowered without restriction
>to ..... allow conditionally, any special partnership
>understanding .....

Richard Hills:

Under a literal reading of "without restriction" it seems
that a Regulating Authority could perpetrate this rule:

"You may use the Ghestem convention on the condition that
you never claim, never misbid, and also never bid a slam."

So I still argue that "without restriction" should be read
as "without restriction, unless contrary to another more
specific Law".

That is, I prefer the Kojak rule-of-the-thumb, "a specific
Law takes priority over a more general Law" to another more
arbitrary policy, "if you do not like what a Law says, find
another Law".


Best wishes

Richard James Hills
Governance & Graduates Section
National Training Branch
Department of Immigration and Citizenship
Telephone: 02 6223 8439
Email: richard.hills at immi.gov.au

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