statutory interpretation topic 7. reading statutes: focus on the section focus on the section break...

Statutory Statutory InterpretationInterpretation

Topic 7Topic 7

Reading statutes:Reading statutes:

Focus on the sectionFocus on the section Break it into its elementsBreak it into its elements Determine the meaning of each of Determine the meaning of each of

those elementsthose elements Context in ActContext in Act Judicial interpretationJudicial interpretation

Elements of a sectionElements of a section

The elements of a section form a The elements of a section form a checklistchecklist – not a shopping list. – not a shopping list.

Unless it is drafted in the Unless it is drafted in the alternative, alternative, eacheach elementelement must be must be satisfied.satisfied.

Statutory interpretationStatutory interpretation

Start from the relevant section and Start from the relevant section and work out – never start from the Act work out – never start from the Act as a whole and work in.as a whole and work in.

Not an academic exercise – but a Not an academic exercise – but a practical exercise. How does the practical exercise. How does the statute apply in a particular set of statute apply in a particular set of circumstances?circumstances?

Statutory Interpretation:Statutory Interpretation: Relevant legislationRelevant legislation

Acts Interpretation Act 1901Acts Interpretation Act 1901 (Cth) (Cth) Interpretation Act 1987Interpretation Act 1987 (NSW) (NSW)

As interpreted by courts (common law)As interpreted by courts (common law) In the context of common law principles In the context of common law principles

which survive interpretation statute.which survive interpretation statute.

Preliminaries:Preliminaries:

Which Parliament passed it? What Which Parliament passed it? What jurisdiction are we dealing with – jurisdiction are we dealing with – the answer to this question will the answer to this question will determine what interpretation determine what interpretation legislation should be used.legislation should be used.

When did the Act commence – this When did the Act commence – this will tell us if the Act was in force at will tell us if the Act was in force at the relevant timethe relevant time

Which legislation?Which legislation?

Determine which Parliament passed Determine which Parliament passed the Act to be interpreted the Act to be interpreted

That is the Interpretation legislation That is the Interpretation legislation you will useyou will use

CommencementCommencement

AIR PASSENGER TICKET LEVY AIR PASSENGER TICKET LEVY (COLLECTION) ACT 2001(COLLECTION) ACT 2001 (Cth) (Cth)

s 2 Commencements 2 Commencement

This Act commences, or is taken to This Act commences, or is taken to have commenced, on 1 October have commenced, on 1 October 2001. 2001.

CommencementCommencement

ACTS INTERPRETATION ACTACTS INTERPRETATION ACT 19011901(Cth)(Cth)s 5 Commencement of Actss 5 Commencement of Acts (1A) Every Act (other than an Act to alter (1A) Every Act (other than an Act to alter

the Constitution) to which the Royal the Constitution) to which the Royal Assent is given by the Governor‑General Assent is given by the Governor‑General for and on behalf of the King on or after for and on behalf of the King on or after 1 January 1938, shall come into operation 1 January 1938, shall come into operation on the twenty‑eighth day after the day on on the twenty‑eighth day after the day on which that Act receives the Royal Assent, which that Act receives the Royal Assent, unless the contrary intention appears in unless the contrary intention appears in the Act. the Act.

ACTS INTERPRETATION ACT ACTS INTERPRETATION ACT 1901 - s 18A1901 - s 18A

Parts of speech and grammatical Parts of speech and grammatical formsforms

In any Act, unless the contrary In any Act, unless the contrary intention appears, where a word or intention appears, where a word or phrase is given a particular phrase is given a particular meaning, other parts of speech and meaning, other parts of speech and grammatical forms of that word or grammatical forms of that word or phrase have corresponding phrase have corresponding meanings. meanings.

s 22 Meaning of certain words s 22 Meaning of certain words

((1) In any Act, unless the contrary intention appears: 1) In any Act, unless the contrary intention appears: (a) expressions used to denote persons generally (such as (a) expressions used to denote persons generally (such as

“person”, “party”, “someone”, “anyone”, “no‑one”, “one”, “another” “person”, “party”, “someone”, “anyone”, “no‑one”, “one”, “another” and “whoever”), include a body politic or corporate as well as an and “whoever”), include a body politic or corporate as well as an individual; individual;

(aa) (aa) individual individual means a natural person; means a natural person; (b) (b) Month Month shall mean calendar month; shall mean calendar month; (c) (c) Land Land shall include messuages tenements and shall include messuages tenements and

hereditaments, corporeal and incorporeal, of any tenure or hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein; description, and whatever may be the estate or interest therein;

(d) (d) Estate Estate shall include any estate or interest charge shall include any estate or interest charge right title claim demand lien or incumbrance at law or in equity; right title claim demand lien or incumbrance at law or in equity;

(e) (e) Financial year Financial year means a period of 12 months means a period of 12 months commencing on 1 July; commencing on 1 July;

(f) (f) Foreign country Foreign country means any country (whether or not means any country (whether or not an independent sovereign state) outside Australia and the external an independent sovereign state) outside Australia and the external Territories; Territories;

(g) (g) Calendar month Calendar month means a period commencing at the means a period commencing at the beginning of a day of one of the 12 months of the year and ending beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the next month or, if there is no such corresponding day, ending at the expiration of the next month; expiration of the next month;

(h) (h) Calendar year Calendar year means a period of 12 months means a period of 12 months commencing on 1 January; and commencing on 1 January; and

(j) (j) Contravene Contravene includes fail to comply with. includes fail to comply with.

ACTS INTERPRETATION ACT ACTS INTERPRETATION ACT 1901 - s 231901 - s 23

Rules as to gender and numberRules as to gender and number

In any Act, unless the contrary In any Act, unless the contrary intention appears: intention appears:

(a) words importing a gender (a) words importing a gender include every other gender; and include every other gender; and

(b) words in the singular number (b) words in the singular number include the plural and words in the include the plural and words in the plural number include the singular. plural number include the singular.

ACTS INTERPRETATION ACT ACTS INTERPRETATION ACT 1901 - s 25E 1901 - s 25E

Attainment of particular ageAttainment of particular age For the purposes of any Act, unless the For the purposes of any Act, unless the contrary intention appears, the time at contrary intention appears, the time at which a person attains a particular age which a person attains a particular age expressed in years is the expressed in years is the commencement of the relevant commencement of the relevant anniversary of the date of the birth of anniversary of the date of the birth of that person. that person.


Measurement of distanceMeasurement of distance

In the measurement of any distance In the measurement of any distance for the purposes of any Act, that for the purposes of any Act, that distance shall, unless the contrary distance shall, unless the contrary intention appears, be measured in a intention appears, be measured in a straight line on a horizontal plane. straight line on a horizontal plane.


Reckoning of timeReckoning of time

(1) Where in an Act any period of time, dating from (1) Where in an Act any period of time, dating from a given day, act, or event, is prescribed or allowed a given day, act, or event, is prescribed or allowed for any purpose, the time shall, unless the contrary for any purpose, the time shall, unless the contrary intention appears, be reckoned exclusive of such intention appears, be reckoned exclusive of such day or of the day of such act or event.day or of the day of such act or event.

(2) Where the last day of any period prescribed or (2) Where the last day of any period prescribed or allowed by an Act for the doing of anything falls on allowed by an Act for the doing of anything falls on a Saturday, on a Sunday or on a day which is a a Saturday, on a Sunday or on a day which is a public holiday or a bank holiday in the place in public holiday or a bank holiday in the place in which the thing is to be or may be done, the thing which the thing is to be or may be done, the thing may be done on the first day following which is not may be done on the first day following which is not a Saturday, a Sunday or a public holiday or bank a Saturday, a Sunday or a public holiday or bank holiday in that placeholiday in that place. .


Expressions of timeExpressions of time Where in an Act any reference to Where in an Act any reference to

time occurs, such time shall, unless time occurs, such time shall, unless it is otherwise specifically stated, it is otherwise specifically stated, be deemed in each State or part of be deemed in each State or part of the Commonwealth to mean the the Commonwealth to mean the standard or legal time in that State standard or legal time in that State or part of the Commonwealth. or part of the Commonwealth.

s15AAs15AA

““In the interpretation of a In the interpretation of a provision of an Act, a provision of an Act, a construction that would promote construction that would promote the purpose or object underlying the purpose or object underlying the Act (whether that purpose or the Act (whether that purpose or object is expressly stated in the object is expressly stated in the Act or not) shall be preferred to a Act or not) shall be preferred to a construction that would not construction that would not promote that purpose or object.”promote that purpose or object.”

ElementsElements

InterpretationInterpretation Construction promoting purposeConstruction promoting purpose Whether purpose express or notWhether purpose express or not Preferred Preferred To construction which does not To construction which does not

promote purposepromote purpose

Common law approachesCommon law approaches

The Literal ApproachThe Literal Approach The Golden Rule, and The Golden Rule, and The Purposive ApproachThe Purposive Approach

MillsMills v v MeekingMeeking (1990) 169 CLR(1990) 169 CLR 214214, , Dawson JDawson J at 235:at 235:

““The literal rule of construction, whatever the qualifications with The literal rule of construction, whatever the qualifications with which it is expressed, must give way to a statutory injunction to which it is expressed, must give way to a statutory injunction to prefer a construction which would promote the purpose of an Act to prefer a construction which would promote the purpose of an Act to one which would not, especially where that purpose is set out in the one which would not, especially where that purpose is set out in the Act. [The s15AA equivalent]* must I think, mean that the purposes Act. [The s15AA equivalent]* must I think, mean that the purposes stated in Pt 5 of the Road Safety Act are to be taken into account in stated in Pt 5 of the Road Safety Act are to be taken into account in construing the provisions of that Part, not only where those construing the provisions of that Part, not only where those provisions on their face offer more than one construction, but also in provisions on their face offer more than one construction, but also in determining whether more than one construction is open. The determining whether more than one construction is open. The requirement that a court look to the purpose or object of the Act is requirement that a court look to the purpose or object of the Act is thus more than an instruction to adopt the traditional mischief or thus more than an instruction to adopt the traditional mischief or purpose rule in preference to the literal rule of construction. The purpose rule in preference to the literal rule of construction. The mischief or purpose rule required an ambiguity or inconsistency mischief or purpose rule required an ambiguity or inconsistency before a court could have regard to purpose…The approach required before a court could have regard to purpose…The approach required by [s15AA equivalent] needs no ambiguity or inconsistency; it allows by [s15AA equivalent] needs no ambiguity or inconsistency; it allows a court to consider the purposes of an Act in determining whether a court to consider the purposes of an Act in determining whether there is more than one possible construction. Reference to the there is more than one possible construction. Reference to the purposes may reveal that the draftsman has inadvertently overlooked purposes may reveal that the draftsman has inadvertently overlooked something which he would have dealt with had his attention been something which he would have dealt with had his attention been drawn to it and if it is possible as a matter of construction to repair drawn to it and if it is possible as a matter of construction to repair the defect, then this must be done. However, if the literal meaning the defect, then this must be done. However, if the literal meaning of a provision is to be modified by reference to the purposes of the of a provision is to be modified by reference to the purposes of the Act, the modification must be precisely identifiable as that which is Act, the modification must be precisely identifiable as that which is necessary to effectuate those purposes and it must be consistent with necessary to effectuate those purposes and it must be consistent with the wording otherwise adopted by the draftsman. [Section 15AA] the wording otherwise adopted by the draftsman. [Section 15AA] requires a court to construe an Act, not to rewrite it, in the light of requires a court to construe an Act, not to rewrite it, in the light of its purposes.”its purposes.”

RR v v LL (1994) 49FCR 543, Burchett, Miles and (1994) 49FCR 543, Burchett, Miles and

Ryan JJ at 548Ryan JJ at 548

““the requirement of s15AA(1) the requirement of s15AA(1) that one construction be that one construction be preferred to another can have preferred to another can have meaning only where two meaning only where two constructions are otherwise constructions are otherwise open, and s15AA(1) is not a open, and s15AA(1) is not a warrant for redrafting warrant for redrafting legislation nearer to an legislation nearer to an assumed desire of the assumed desire of the legislature”legislature”

Literal approachLiteral approach

Engineers case Engineers case ( (Amalgamated Society of EngineersAmalgamated Society of Engineers v v Adelaide SteamshipAdelaide Steamship (1920) 28 CLR 129 at 161-2 (1920) 28 CLR 129 at 161-2 Higgins J:Higgins J:““The fundamental rule of interpretation, to The fundamental rule of interpretation, to which all others are subordinate, is that a which all others are subordinate, is that a statute is to be expounded according to the statute is to be expounded according to the intent of the Parliament that made it; and that intent of the Parliament that made it; and that intention has to be found by an examination of intention has to be found by an examination of the language used in the statute as a whole. the language used in the statute as a whole. The question is, what does the language mean; The question is, what does the language mean; and when we find what the language means, in and when we find what the language means, in its ordinary and natural sense, it is our duty to its ordinary and natural sense, it is our duty to obey that meaning, even if we consider the obey that meaning, even if we consider the result to be inconvenient or impolitic or result to be inconvenient or impolitic or improbable.”improbable.”

Intrinsic materialsIntrinsic materials Definitions sectionsDefinitions sections Other sections around the one in Other sections around the one in

question to get a feel for the way in question to get a feel for the way in which words are used in the contentious which words are used in the contentious sectionsection

Indices, headings to parts BUT NOT Indices, headings to parts BUT NOT headings to sections or marginal notes. headings to sections or marginal notes. (What is intrinsic to the act and what is (What is intrinsic to the act and what is extrinsic is governed by the relevant extrinsic is governed by the relevant interpretation legislation.)interpretation legislation.)

Long title of the ActLong title of the Act Preamble (if present)Preamble (if present)

‘‘Natural and ordinary Natural and ordinary meaning’meaning’

DictionaryDictionary WeitmanWeitman v v Katies LtdKaties Ltd (1977) ATPR 40-041 (1977) ATPR 40-041

Oxford Dictionary – meaning of ‘misleading’ Oxford Dictionary – meaning of ‘misleading’ and ‘deceptive’ in s52 TPAand ‘deceptive’ in s52 TPA

ACCCACCC v v Lux.Lux. [2004] FCA 926 [2004] FCA 926 Dictionary – meaning of ‘unconscionable Dictionary – meaning of ‘unconscionable

conduct in s51AB TPAconduct in s51AB TPA StateState Chamber of Commerce and IndustryChamber of Commerce and Industry

v v CommonwealthCommonwealth (1987) 163 CLR 329 (1987) 163 CLR 329 Macquarie Dictionary – meaning of “fringe Macquarie Dictionary – meaning of “fringe

benefits” within ITAAbenefits” within ITAA

Project Blue Sky IncProject Blue Sky Inc v v Australian Broadcasting Australian Broadcasting

Authority Authority (1998) 194 CLR 355, where McHugh, Gummow, Kirby (1998) 194 CLR 355, where McHugh, Gummow, Kirby

and Hayne JJ at 384and Hayne JJ at 384“…“…the duty of the court is to give the the duty of the court is to give the words of a statutory provision the words of a statutory provision the meaning that the legislature is taken to meaning that the legislature is taken to have intended them to have. Ordinarily, have intended them to have. Ordinarily, that meaning (the legal meaning) will that meaning (the legal meaning) will correspond with the grammatical meaning correspond with the grammatical meaning of the provision. But not always. The of the provision. But not always. The context of the words, the consequences of context of the words, the consequences of a literal or grammatical construction, the a literal or grammatical construction, the purpose of the statute or the canons of purpose of the statute or the canons of construction may require the words of a construction may require the words of a legislative provision to be read in a way legislative provision to be read in a way that does not correspond with the literal that does not correspond with the literal or grammatical meaning.”or grammatical meaning.”

Golden ruleGolden rule

Lord Wensleydale in Lord Wensleydale in Grey Grey v v Pearson Pearson (1857) 6HL Cas 61 at (1857) 6HL Cas 61 at 106:106:

““I have been long and deeply impressed I have been long and deeply impressed with the wisdom of the rule, now I believe with the wisdom of the rule, now I believe universally adopted, at least in the Courts universally adopted, at least in the Courts of Law in Westminster Hall, that in of Law in Westminster Hall, that in construing wills and indeed statutes, and construing wills and indeed statutes, and all written instruments, the grammatical all written instruments, the grammatical and ordinary sense of the words is to be and ordinary sense of the words is to be adhered to, unless that would lead to some adhered to, unless that would lead to some absurdity, or some repugnance or absurdity, or some repugnance or inconsistency with the rest of the inconsistency with the rest of the instrument, in which case the grammatical instrument, in which case the grammatical and ordinary sense of the words may be and ordinary sense of the words may be modified, so as to avoid that absurdity and modified, so as to avoid that absurdity and inconsistency, but no farther.”inconsistency, but no farther.”

Golden ruleGolden rule

To fix drafting errorsTo fix drafting errors AdlerAdler v v GeorgeGeorge [1964] 2 QB 7 [1964] 2 QB 7 ““in the vicinity of any prohibited in the vicinity of any prohibited

place” place” to mean to mean ““in orin or in the vicinity of in the vicinity of

any prohibited place.”any prohibited place.”

Purposive approachPurposive approach

‘‘mischief rule’mischief rule’ Rule in Rule in Heydon’s caseHeydon’s case Purpose of parliament?Purpose of parliament?

Refer to intrinsic and extrinsic Refer to intrinsic and extrinsic materialsmaterials

Extrinsic materialsExtrinsic materials

Use extrinsic materials to answer:Use extrinsic materials to answer: What was the state of the law What was the state of the law

before before the enactment; and the enactment; and What was the What was the mischiefmischief the the

legislation was trying to cure?legislation was trying to cure?

Extrinsic materialsExtrinsic materials

Second Reading Speech (Not the Second Reading Speech (Not the rest of the debate, or any other rest of the debate, or any other material in Hansard, just the Second material in Hansard, just the Second Reading Speech – all the views of Reading Speech – all the views of every member of Parliament are not every member of Parliament are not relevant to what Parliament relevant to what Parliament eventually decides to enact.)eventually decides to enact.)

Law Reform Commission reportsLaw Reform Commission reports Reports by Royal CommissionsReports by Royal Commissions

Avel Pty LtdAvel Pty Ltd v v Attorney-Attorney-General for NSWGeneral for NSW (1987) 11 NSWLR (1987) 11 NSWLR

126 Kirby P at 127126 Kirby P at 127““The legislation relevant to the present The legislation relevant to the present appeal…does nothing to add to the appeal…does nothing to add to the coherency of this body of law. It is a jumble coherency of this body of law. It is a jumble of ill-matched and poorly integrated of ill-matched and poorly integrated enactments. If there is now to be found a enactments. If there is now to be found a common thread through it all, it would common thread through it all, it would seem to be nothing more than revenue seem to be nothing more than revenue raising.raising.The conclusion suggests that the only safe The conclusion suggests that the only safe approach to the construction of the web of approach to the construction of the web of applicable legislation is an attention to the applicable legislation is an attention to the literal words of the legislation. A ‘purposive’ literal words of the legislation. A ‘purposive’ approach founders in the shallows of a approach founders in the shallows of a multitude of obscure, uncertain and even multitude of obscure, uncertain and even apparently conflicting purposes.”apparently conflicting purposes.”

Extrinsic materials under Extrinsic materials under statutestatute

CIC Insurance LtdCIC Insurance Ltd v v Bankstown Football Club LtdBankstown Football Club Ltd (1997) (1997) 187 CLR 384 at408 per Brennan CJ, Dawson, Toohey 187 CLR 384 at408 per Brennan CJ, Dawson, Toohey and Gummow JJ:and Gummow JJ:

““It is well settled that at common It is well settled that at common law, apart from any reliance on law, apart from any reliance on s15AB of the Acts Interpretation Act s15AB of the Acts Interpretation Act 1901 (Cth), the court may have 1901 (Cth), the court may have regard to reports of law reform regard to reports of law reform bodies to ascertain the mischief bodies to ascertain the mischief which a statute is intended to cure.”which a statute is intended to cure.”

s15AB – extrinsic s15AB – extrinsic materialsmaterials (1) Subject to subsection (3), in the interpretation of (1) Subject to subsection (3), in the interpretation of

a provision of an Act, if any material not forming part of the a provision of an Act, if any material not forming part of the Act is capable of assisting in the ascertainment of the Act is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to meaning of the provision, consideration may be given to that material: that material:

(a) to confirm that the meaning of the provision (a) to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the is the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the provision taking into account its context in the Act and the purpose or object underlying the Act; or purpose or object underlying the Act; or

(b) to determine the meaning of the provision (b) to determine the meaning of the provision when: when:

(i) the provision is ambiguous or obscure; (i) the provision is ambiguous or obscure; or or

(ii) the ordinary meaning conveyed by the (ii) the ordinary meaning conveyed by the text of the provision taking into account its context in the text of the provision taking into account its context in the Act and the purpose or object underlying the Act leads to a Act and the purpose or object underlying the Act leads to a result that is manifestly absurd or is unreasonable. result that is manifestly absurd or is unreasonable.

(2) (2) Without limiting the generality of subsection (1), the material that may Without limiting the generality of subsection (1), the material that may be considered in accordance with that subsection in the interpretation of be considered in accordance with that subsection in the interpretation of a provision of an Act includes: a provision of an Act includes:

(a) all matters not forming part of the Act that are set out in (a) all matters not forming part of the Act that are set out in the document containing the text of the Act as printed by the the document containing the text of the Act as printed by the Government Printer; Government Printer;

(b) any relevant report of a Royal Commission, Law Reform (b) any relevant report of a Royal Commission, Law Reform Commission, committee of inquiry or other similar body that was laid Commission, committee of inquiry or other similar body that was laid before either House of the Parliament before the time when the provision before either House of the Parliament before the time when the provision was enacted; was enacted;

(c) any relevant report of a committee of the Parliament or of (c) any relevant report of a committee of the Parliament or of either House of the Parliament that was made to the Parliament or that either House of the Parliament that was made to the Parliament or that House of the Parliament before the time when the provision was enacted; House of the Parliament before the time when the provision was enacted;

(d) any treaty or other international agreement that is (d) any treaty or other international agreement that is referred to in the Act; referred to in the Act;

(e) any explanatory memorandum relating to the Bill (e) any explanatory memorandum relating to the Bill containing the provision, or any other relevant document, that was laid containing the provision, or any other relevant document, that was laid before, or furnished to the members of, either House of the Parliament by before, or furnished to the members of, either House of the Parliament by a Minister before the time when the provision was enacted; a Minister before the time when the provision was enacted;

(f) the speech made to a House of the Parliament by a (f) the speech made to a House of the Parliament by a Minister on the occasion of the moving by that Minister of a motion that Minister on the occasion of the moving by that Minister of a motion that the Bill containing the provision be read a second time in that House; the Bill containing the provision be read a second time in that House;

(g) any document (whether or not a document to which a (g) any document (whether or not a document to which a preceding paragraph applies) that is declared by the Act to be a relevant preceding paragraph applies) that is declared by the Act to be a relevant document for the purposes of this section; and document for the purposes of this section; and

(h) any relevant material in the Journals of the Senate, in the (h) any relevant material in the Journals of the Senate, in the Votes and Proceedings of the House of Representatives or in any official Votes and Proceedings of the House of Representatives or in any official record of debates in the Parliament or either House of the Parliament. record of debates in the Parliament or either House of the Parliament.

s15AB/s34s15AB/s34

Sets threshold tests which must be Sets threshold tests which must be satisfied before extrinsic material satisfied before extrinsic material can be usedcan be used

Either common law or statutory Either common law or statutory tests must be satisfiedtests must be satisfied

Expands the categories of extrinsic Expands the categories of extrinsic material which may be referred tomaterial which may be referred to

Indicative not exhaustive listIndicative not exhaustive list

Re Australian Federation of Re Australian Federation of Construction Contractors; Construction Contractors; Ex parte Billing Ex parte Billing (1986) 68 ALR 416 at (1986) 68 ALR 416 at

420420““Reliance is also placed on a sentence in the Reliance is also placed on a sentence in the second reading speech of the Minister when second reading speech of the Minister when introducing the Consequential Provisions Act, introducing the Consequential Provisions Act, but that reliance is misplaced. Section 15AB of but that reliance is misplaced. Section 15AB of the Acts Interpretation Act 1901 (Cth), as the Acts Interpretation Act 1901 (Cth), as amended, does not permit recourse to that amended, does not permit recourse to that speech for the purpose of departing from the speech for the purpose of departing from the ordinary meaning of the text unless either the ordinary meaning of the text unless either the meaning of the provision to be construed is meaning of the provision to be construed is ambiguous or obscure or in its ordinary meaning ambiguous or obscure or in its ordinary meaning leads to a result that is manifestly absurd or is leads to a result that is manifestly absurd or is unreasonable. In our view neither of those unreasonable. In our view neither of those conditions is satisfied in the present case.”conditions is satisfied in the present case.”

Re Bolton; Ex parte Beane Re Bolton; Ex parte Beane (1987) 162 CLR 514 Mason CJ, Wilson and Deane JJ at (1987) 162 CLR 514 Mason CJ, Wilson and Deane JJ at

517-18:517-18:

““The words of a Minister must not be The words of a Minister must not be substituted for the text of the law. substituted for the text of the law. Particularly is this so when the intention Particularly is this so when the intention stated by the Minister but unexpressed in stated by the Minister but unexpressed in the law is restrictive of the liberty of the the law is restrictive of the liberty of the individual. It is always possible that individual. It is always possible that through oversight or inadvertence the clear through oversight or inadvertence the clear intention of the Parliament fails to be intention of the Parliament fails to be translated into the law. However translated into the law. However unfortunate it may be when that happens unfortunate it may be when that happens the task of the court remains clear. The the task of the court remains clear. The function of the court is to give effect to the function of the court is to give effect to the will of Parliament as expressed in the law.”will of Parliament as expressed in the law.”

s15AA and the golden s15AA and the golden rulerule

Bermingham Bermingham v v Corrective Services Corrective Services Commission of New South Wales Commission of New South Wales (1988) (1988) 15NSWLR 292 McHugh JA at 302:15NSWLR 292 McHugh JA at 302:

““To give effect to the purpose of the To give effect to the purpose of the legislation, a court may read words legislation, a court may read words into a legislative provision if by into a legislative provision if by inadvertence Parliament has failed inadvertence Parliament has failed to deal with an eventuality required to deal with an eventuality required to be dealt with if the purpose of the to be dealt with if the purpose of the Act is to be achieved.”Act is to be achieved.”

Bermingham’s caseBermingham’s case

““[[11]]First, the court must know the First, the court must know the mischief with which the Act was dealing.mischief with which the Act was dealing.[[22]]Secondly, the court must be satisfied Secondly, the court must be satisfied that by inadvertence Parliament has that by inadvertence Parliament has overlooked an eventuality which must be overlooked an eventuality which must be dealt with if the purpose of the Act is to be dealt with if the purpose of the Act is to be achieved.achieved.[[33]]Thirdly, the court must be able Thirdly, the court must be able to state with certainty what words to state with certainty what words Parliament would have used to overcome Parliament would have used to overcome the omission if its attention had been the omission if its attention had been drawn to the defect.”drawn to the defect.”

*numbers added*numbers added

R v YoungR v Young (1999) 46 NSWLR 681at 687(1999) 46 NSWLR 681at 687 per Spigelman CJ:per Spigelman CJ:

““Construction must be Construction must be text based.”text based.”

General Principles of General Principles of InterpretationInterpretation

Latin MaximsLatin Maxims Noscitur a sociisNoscitur a sociis

RR v v Ann HarrisAnn Harris (1836) 7C&P 446 (1836) 7C&P 446 Ejusdem generisEjusdem generis

QuaziQuazi v v QuaziQuazi [1980] AC 744 [1980] AC 744

Ann Harris caseAnn Harris case

““If any person unlawfully and If any person unlawfully and maliciously shall shoot at any maliciously shall shoot at any person, or shall, by drawing a person, or shall, by drawing a trigger, or in any other manner, trigger, or in any other manner, attempt to discharge any kind of attempt to discharge any kind of loaded arms at any person, or shall loaded arms at any person, or shall unlawfully and maliciously stab, cut, unlawfully and maliciously stab, cut, or wound any person with intent in or wound any person with intent in any of the cases aforesaid to maim, any of the cases aforesaid to maim, disfigure or disable such person or disfigure or disable such person or to do some other grievous bodily to do some other grievous bodily harm to such person, …such harm to such person, …such offender shall be guilty of a felony.”offender shall be guilty of a felony.”

QuaziQuazi v v QuaziQuazi

““asas a useful servant but a bad a useful servant but a bad master.”master.”

““[Ejusdem generis] is, at best, a [Ejusdem generis] is, at best, a very secondary guide to the very secondary guide to the meaning of a statute. The all meaning of a statute. The all important matter is to consider important matter is to consider the purpose of the statute.”the purpose of the statute.”

Scarman LJScarman LJ

PresumptionsPresumptionsStatutes do not operate retrospectivelyStatutes do not operate retrospectively

MaxwellMaxwell v v MurphyMurphy (1957) 96 CLR 261 at (1957) 96 CLR 261 at 267:267:

““The general rule of the common law is The general rule of the common law is that a statute changing the law ought that a statute changing the law ought not, unless the intention appears with not, unless the intention appears with reasonable certainty, to be understood reasonable certainty, to be understood as applying to facts or events that have as applying to facts or events that have already occurred in such a way as to already occurred in such a way as to confer or impose or otherwise affect confer or impose or otherwise affect rights or liabilities which the law had rights or liabilities which the law had defined by reference to the past events.”defined by reference to the past events.”

Parliament does not interfere Parliament does not interfere with fundamental rights.with fundamental rights.

Al-KatebAl-Kateb v v GodwinGodwin (2004) 208 ALR 124 (2004) 208 ALR 124 Gleeson CJ at 130 Gleeson CJ at 130

““Courts do not impute to the legislature Courts do not impute to the legislature an intention to abrogate or curtail certain an intention to abrogate or curtail certain human rights or freedoms (of which human rights or freedoms (of which personal liberty is the most basic) unless personal liberty is the most basic) unless such an intention is clearly manifested by such an intention is clearly manifested by unambiguous language, which indicates unambiguous language, which indicates that the legislature has directed its that the legislature has directed its attention to the rights or freedoms in attention to the rights or freedoms in question, and has consciously decided question, and has consciously decided upon abrogation or curtailment.”upon abrogation or curtailment.”

Legislation does not deprive Legislation does not deprive people of access to the courtspeople of access to the courts

Re-enactment of a provision or Re-enactment of a provision or word constitutes approval of a word constitutes approval of a previous judicial interpretation previous judicial interpretation of that provision or wordof that provision or word

Penal provisions are strictly Penal provisions are strictly construedconstrued

Property rights are not taken Property rights are not taken away without compensationaway without compensation

Parliament intends to legislate in Parliament intends to legislate in conformity with international lawconformity with international law

statutory interpretation topic 7. reading statutes: focus on the section focus on the section break...

Documents

cth interpretation act

nsw interpretation act

act context

cth acts interpretation

interpretation legislation

interpretation statute

statutory interpretation

relevant section