LLB101 Lecture Notes - Lecture 9: Crystal Ball, Primary And Secondary Legislation
Document Summary
Intrinsic material: the stuff that is considered to be part of the act. Acts interpretation act 1901 (cth) s 13. Acts interpretation act 1954 (qld) s 14. If there is no commencement provision, the acts interpretation acts provide a default rule. Obviously, anything not printed in the act itself. Explanatory notes/memoranda, speeches made in parliament when the bill was being passed. Editor"s notes, footnotes and endnotes (see aia(cth) s 13 and aia(qld) s 14). Discerning the meaning of a provision in an act according to the legislative intent. Statutes are written without a crystal ball. The english language can give multiple meanings at times. To discover the legislative intention of a provision. The duty of the court is to give words of a statutory provision the meaning that the legislature is taken to have intended them to have (project blue sky inc v. Australian broadcasting authority (1998) 194 clr 355, 384)
