LAW 1501 Lecture Notes - Lecture 5: Statutory Interpretation, Primary And Secondary Legislation
FOUNDATIONS LECTURE 14 TH
MARCH 2018 STATUTORY
INTERPRETATION
Material Facts are essential to the court’s decision whereas the regular facts aren’t
The facts part isn’t meant to regurgitation of the facts, that’s why you don’t start
looking at them until you’ve done the issues and rules
To interpret legislation I will need:
-Acts Interpretation Act 1901 (Cth)
-Acts Interpretation Act 1915 (SA)
- Legal Dictionary
- Common law of statutory interpretation
Maxim- Short statement that sums up an issue/argument etc.
To interpret legislation- Second Reading Speech (tells parliament what the act is
about), Comments made by parliamentarians on the legislation, explanatory
memorandum (says this is how the act works)
Delegated legislation- Rules or regulations made by delegated powers
Read the legislation-
Definitions, ordinary meaning, statutory presumptions, ambiguity, case law, legal
dictionary
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Melissa Sparrow (a1668063)
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Document Summary
Material facts are essential to the court"s decision whereas the regular facts aren"t. The facts part isn"t meant to regurgitation of the facts, that"s why you don"t start looking at them until you"ve done the issues and rules. Maxim- short statement that sums up an issue/argument etc. To interpret legislation- second reading speech (tells parliament what the act is about), comments made by parliamentarians on the legislation, explanatory memorandum (says this is how the act works) Delegated legislation- rules or regulations made by delegated powers. Definitions, ordinary meaning, statutory presumptions, ambiguity, case law, legal dictionary.
