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Check list for legislation interpretation
200006 - Fundamentals of Australian Law
2 Found helpful • 3 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LAWS1201 - Foundations of Australian Law
(A) Interpretation in Context (a) Read in context. ‘[T]he modern approach to statutory interpretation ... insists that the (b) context be considered in the first instance’ CIC Insurance Ltd v Bankstown Football Club Ltd or Project Blue Sky. (b) Definitions section. If there are any significant words or phrases, check if they have been defined in the definition section of the Act. Also note whether any definition is an open (includes) or closed (mea ns) definition. NB an open definition may not solve the problem of what the word means. (c) Dictionary, technical and legal meanings. If the definition section is unhelpful, you may need to consult a dictionary for the ordinary meaning of the word or find the technical or legal meaning of a word. NB dictionaries are not treated by the courts as extrinsic materials. (d) Acts Interpretation Act. AIA s2B contains commonly used words within legislation. Also see other parts of Part 2 & look at s23 (Plurals/Gender). (e) Judicial Interpretation. Consider if the provision has been interpreted previously by the courts. Also, does other related legislation throw light on meaning? (f) Maxims of interpretation. These are a further aspect of contextual interpretation. Remember though that while the maxims are useful servants, they are dangerous masters: see, eg, Spigelman CJ in DCT v Clark. LDL 326 • Noscitur a sociis – ‘the meaning of a word is known from the words that accompany it’.
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