JSB171 Lecture Notes - Lecture 1: Refugee Review Tribunal, National Dock Labour Board, Pricewaterhousecoopers
Document Summary
Guidelines to construing legislation: statute is to be construed in accordance with the purpose of the statute: acts interpretation act. 1954 (qld), s14a (interpretation that will best achieve the purpose of the act will be preferred); aia 1901, s15aa (provision which says that a construction which promotes the purpose or object should be preferred) Cl presumption unless statute expressly & unambiguously says otherwise, legislation does not intend to : deprive citizens of property rights without compensation: mixnam"s properties ltd v chertsey. Udc [1965: levy taxation without authority of parliament: attorney-general v wilts untied dairies ltd with common law rights: coco v the queen (1994) hca (police raid of factory (1921) = public authority not able to delegate decision-making power to another, without lawful authorisation: q of statutory construction as to whether parliament intended power to be delegable considering, language, scope and objects of the legislation; Can delegate if within intention of parliament even if.