LAWS1006 Lecture Notes - Lecture 12: Statutory Interpretation, Judiciary Of Australia, Royal Assent
16 May 2018
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12 – Interpretation of legislation in context
- Mason J in K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309, 315:
Problems of legal interpretation are not solved satisfactorily by ritual incantations which
emphasis the clarity of meaning which words have when viewed in isolation, divorced from their
context. The modern approach to interpretation insists that the context be considered in the first
instance, especially in the case of general words, and not merely at some later stage when
ambiguity might be thought to arise
Interpretations with reference to accompanying words
- Words can have multiple meanings
- Hence have to be interpreted in light of the other words in the sentence
- The principle that words should be interpreted to reference to accompanying words is
exemplified in two ancient maxims of interpretation:
1. noscitur a sociis – the meaning of a word is known from the words that accompany it
2. ejusdem generis – if words of a particular meaning are followed by general words, the
general words are limited to the same kind as the particular words. This maxim is often
considered a sub-principle of the maxim noscitur a sociis. This maxim is based on a narrow
concept of context and for this reason, it has diminsiehd in importance as courts have
sought broader contextual influences on legislation
Interpretation with reference to other parts of the legislation
- Basically, dont take things out of the context in which they were said
- Deliberate parts of a text cannot be selected to create a meaning that is different to that of the
original intention
- Intended meaning of a provision more likely to be discovered when considered in the context
of the rest of the Act or accompanying regulation
- S of the Legislation Act : )n working out the meaning of an Act, the provisions of the
Act must be read in the context of the Act as a whole.
• Titles or names
- In most jurisdictions (apart from ACT and NSW), Acts have a long title and a short title
- For the long title, this is considered as part of the Act
- In Birch v Allen (1942) 65 CLR 621, 625-6, Latham CJ reiterated the traditional view of the
purpose of the long title: )t may be proper to look at the title for the purpose of determining
the scope of an Act; it may be referred to, not to contradict any clear and unambiguous
language, but if there is any uncertainty it may be referred to for the purpose of resolving the
uncertainty
- Yet the more modern approach is guided by s 15AA of the Acts Interpretation Act 1901 (Cth)
where a more holistic approach to looking at the construction of a provision is used
• Preambles
- Not used much in modern legislation
- But is basically an introductory statement in an Act
- In Bowtell v Goldsbrough, Mort & Co Ltd (1905) 3 CLR 444, 451, Griffith CJ said: where the
words of a Statute are plain and clear, their meaning cannot be cut down by reference to the
preamble. But, if the words are uncertain as applied to the subject matter, and may bear more
than one meaning, then you may, in a proper case, refer to the preamble to ascertain what was
the occasion for the alteration of the law
- )n Wacando v Commonwealth CLR , , Mason J: …the preamble may throw light
on the statutory purpose and object.
• Interpretation provisions
- When a provision has to be interpreted it is important to check the definition, interpretation or
dictionary section of the legislation, or of that part of the legislation in which the provision
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