LAWS104 Lecture Notes - Lecture 8: Statutory Interpretation, Primary And Secondary Legislation, Purposive Approach
LAWS 104 - LEGAL READING, WRITING & READING
Wk. 8 – Statutory Interpretation
General Principles of SI
No simple formula for resolving disputes over meaning. Judges consider all relevant
criteria and give a judgment that gives a meaning to words which the legislature is
taken to have intended them to have (the legal meaning).
The current approach taken by Australian Courts to statutory interpretation is textual,
contextual and purposive
Focus on actual words (text) in context including the purpose of the legislation
The purposive approach
This approach is enshrined in the Interpretation legislation
Interpretation Legislation
Statutes & subordinate legislation must be interpreted in line with appropriate
interpretation legislation.
See the interpretation statutes for the States and Commonwealth.
See:
Acts Interpretation Act 1901 (Cth).
Interpretation of Legislation Act 1984 (Vic)
Interpretation Act 1987 (NSW).
Interpretation with Reference to other parts of Statute
Titles
Preambles
Interpretation Provisions
Headings to Chapters, Parts and Divisions
Headings to Sections
Schedules
Punctuation
Parts of Statute
Long title - recognised by courts as part of Act. See Acts Interpretation Act
1901 (Cth) s 13(2)(a)
Short title
Preamble - rarely found in modern legislation. Recognised by the courts as
part of Act. See Acts Interpretation Act 1901 (Cth) s 13(2)(b)
Interpretation provision - often referred to as definition or dictionary section of
Act
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Document Summary
Laws 104 - legal reading, writing & reading. No simple formula for resolving disputes over meaning. Judges consider all relevant criteria and give a judgment that gives a meaning to words which the legislature is taken to have intended them to have (the legal meaning). The current approach taken by australian courts to statutory interpretation is textual, contextual and purposive. Focus on actual words (text) in context including the purpose of the legislation. This approach is enshrined in the interpretation legislation. Statutes & subordinate legislation must be interpreted in line with appropriate interpretation legislation. See the interpretation statutes for the states and commonwealth. Interpretation with reference to other parts of statute. Long title - recognised by courts as part of act. Preamble - rarely found in modern legislation. Recognised by the courts as part of act. See acts interpretation act 1901 (cth) s 13(2)(b) Interpretation provision - often referred to as definition or dictionary section of.
