LLB 100 Lecture Notes - Lecture 11: Interpretation Act, Michael Kirby (Judge), S33 (Zvv)
Document Summary
Intro: 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. Kingston v keprose pty ltd (1987) 11 nswlr 404, 423 (mchugh, j). Table of provisions to gain an overview of the legislation and its purpose. Read relevant words/phrases carefully in the context of other relevant provisions read act as a whole. Where appropriate give words their ordinary or technical/legal meaning. Ensure that this meaning promotes/best achieves the purpose of the act, as required by the relevant interpretation legislation. If necessary, use extrinsic material either to confirm the ordinary meaning of a word.
