Australian citizenship test: Courts, police and everyday law practice questions

The jury decides guilt and the judge decides the penalty. Not knowing a law is not a defence. Road rules belong to the states and territories.

Question 1

You break an Australian law you did not know existed. What follows?

  1. The charge is dropped until someone explains that law to you in person
  2. You can still be charged, because not knowing the law is no excuse
  3. The charge is dropped if you have lived in Australia for under a year

Answer: You can still be charged, because not knowing the law is no excuse

Not knowing the law is no excuse: a person can be charged for breaking a law they did not know about. That is why the resource tells applicants to be familiar with Australian laws.

Question 2

Besides crimes against federal law, the Australian Federal Police also

  1. replaces the police force of every state and of the Northern Territory
  2. does general police work in the Australian Capital Territory
  3. decides the sentence when a federal criminal trial ends

Answer: does general police work in the Australian Capital Territory

The Australian Federal Police investigates federal crimes, such as drug trafficking and crimes against national security, and does general policing in the Australian Capital Territory. The states and the Northern Territory have their own police. A court, not the police, decides guilt, and the judge decides the penalty.

Question 3

Who controls road rules, including seatbelts and driver licensing?

  1. Local sporting clubs, through their match-day conditions
  2. State and territory governments
  3. The High Court, as a matter of custom rather than statute

Answer: State and territory governments

Road and traffic rules are controlled by state and territory governments. A driver needs a local licence, the car must be registered, and everyone in the car must wear a seatbelt.