LLB1100 Lecture Notes - Lecture 10: Nsw Law Reports, Purposive Approach, Royal Assent
Document Summary
Read the words not just in the context of the section but the act as a whole. Includes = a broader ordinary meaning of the word. Kingston v keprose pty ltd (1987) 11 nswlr 404, 423 (mchugh, j). A search for grammatical meaning still constitutes the starting point. But if the grammatical meaning of a provision does not give effect to the purpose of the legislation, the grammatical meaning cannot prevail. It must give way to the construction which will promote [best achieve] the purpose or object of the act. The acts interpretation act 1901 (cth), s15aa, and the interpretation act 1987 (nsw), s33, both require this approach to statutory construction. Print and s 34 and s 15 ab: acts interpretation act 1901 (cth) s 15aa - purpose, interpretation act 1987 (nsw) s 33 purpose. Other forms have corresponding meaning see, s18a aia(cth); s7 ia(nsw) eg, walk to be given same meaning as walking, walked, etc.
