Laws
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This case note shows how unusual offences across Australia illustrate the principle that “ignorance of the law is no excuse,” using examples from SA, Victoria and Queensland to highlight why clear, accessible laws matter.
Unusual Laws:
The legal system has a principle that not knowing the law is not an excuse for not following it. However, there are many laws that people are unaware of or do not understand, making it difficult to follow them.
Section 7A of the Summary Offences Act 1953 (SA), makes it illegal in South Australia to obstruct (disturb) a religious service, wedding or a funeral. This offence carries a fine of $10,000 or 2-years imprisonment.
Under section 4 of the Summary Offences Act 1966 (Vic), flying a kite to the annoyance of another person carries a penalty of 5 penalty units (1 penalty unit = $197.59 at 1 July 2024).
Section 21 of the Summary Offences Act 2005 (Qld) makes it illegal to publish a fake notice about a birth, death, marriage or funeral. The maximum penalty is 10 penalty units or six months imprisonment (1 penalty unit = $161.30 at July 1, 2024).
Related Resources
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This explainer outlines how statute law, common law and delegated legislation are created, changed and applied in Australia, outlining the parliamentary stages of law‑making, the development of common law through judicial decisions and precedent, and the role of executive bodies in making delegated legislation under enabling Acts. It connects directly to syllabus concepts such as the origin and development of common law, features of the doctrine of precedent, steps in the legislative process, parliamentary supremacy, and reasons for changes in the law, including social values, technology and community safety. By showing how each source of law operates within Australia’s democratic framework and the rule of law, the resource helps students understand how legal authority is exercised fairly, transparently and accountably.
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This factsheet outlines the key characteristics of effective laws in Australia’s representative democracy, explaining how laws must protect the rule of law, uphold human rights, and regulate behaviour in ways that are clear, known, accepted, consistent and fair. It highlights syllabus concepts such as accessibility, enforceability, stability, prospectivity, and the need for laws to be amendable as community values change. By showing how effective laws prevent arbitrary power and support equality before the law, the factsheet helps students understand why legal certainty and accountability are essential in Australia’s legal system.
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This factsheet provides a clear overview of how laws in Australia are created, applied and enforced, explaining the purpose of laws, the role of statute law, common law and legal precedent, and the importance of the rule of law in a democratic society. It outlines key syllabus concepts including effective law‑making, bicameral and unicameral parliaments, the doctrine of precedent, and major types of law such as criminal, civil, administrative and constitutional. Designed as a concise one‑page resource, it helps students understand how legal institutions operate across different jurisdictions and why fairness, accountability and legal certainty are essential in Australia’s legal system.
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