Statutory Interpretation

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Perusing statutes:. Concentrate on the sectionBreak it into its elementsDetermine the importance of each of those elementsContext in ActJudicial understanding. Components of an area. The components of an area shape an agenda

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Statutory Interpretation Topic 7

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Reading statutes: Focus on the segment Break it into its components Determine the significance of each of those components Context in Act Judicial understanding

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Elements of an area The components of a segment shape an agenda – not a shopping list. Unless it is drafted in the option, every component must be fulfilled. The sub-segments of each segment are to be perused freely – unless the drafting unmistakably demonstrates something else

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Statutory elucidation Start from the pertinent segment and work out – never begin from the Act all in all and work in. Not a scholastic work out – but rather a handy work out. How does the statute apply in a specific arrangement of conditions?

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Role of Cases – which translate statutes – are cases of where the court has played out the statutory elucidation for us. Guidelines of statutory understanding: Used by the courts Used by experts where courts have not yet translated a segment

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Rules of statutory elucidation Legislation and case law. Applicable enactment Acts Interpretation Act 1901 ( Cth ) Interpretation Act 1987 (NSW) As translated by courts (custom-based law) with regards to precedent-based law standards which survive understanding statute.

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Preliminaries: Which Parliament passed it? What ward are we managing – the response to this question will figure out what understanding enactment ought to be utilized. At the point when did the Act start – this will let us know whether the Act was in compel at the pertinent time

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Which enactment? Figure out which Parliament passed the Act to be deciphered That is the Interpretation enactment you will utilize

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Commencement AIR PASSENGER TICKET LEVY (COLLECTION) ACT 2001 (Cth) s 2 Commencement This Act begins, or is taken to have started, on 1 October 2001.

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Commencement ACTS INTERPRETATION ACT 1901 (Cth) s 5 Commencement of Acts    (1A)  Every Act (other than an Act to adjust the Constitution) to which the Royal Assent is given by the Governor‑General for and for the benefit of the King on or after 1 January 1938, should come into operation on the twenty‑eighth after a long time on which that Act gets the Royal Assent, unless the opposite expectation shows up in the Act.

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ACTS INTERPRETATION ACT 1901 - s 18A Parts of discourse and syntactic structures In any Act, unless the opposite aim shows up, where a word or expression is given a specific importance, different parts of discourse and linguistic types of that word or expression have comparing implications.

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s 22 Meaning of specific words ( 1)  In any Act, unless the opposite aim shows up:                      (a)  expressions used to indicate people for the most part, (for example, "individual", "party", "somebody", "anybody", "no‑one", "one", "another" and "whoever"), incorporate a body politic or corporate and additionally an individual;                     (aa)  singular means a characteristic individual;                      (b)  Month should mean date-book month;                      (c)  Land might incorporate messuages apartments and hereditaments, bodily and spiritual, of any residency or portrayal, and whatever might be the bequest or intrigue in that;                      (d)  Estate might incorporate any domain or intrigue charge right title assert request lien or incumbrance at law or in value;                      (e)  Financial year implies a time of 12 months initiating on 1 July;                       (f)  Foreign nation implies any nation (regardless of whether an autonomous sovereign state) outside Australia and the outer Territories;                      (g)  Calendar month implies a period starting toward the start of a day of one of the 12 months of the year and consummation instantly before the start of the comparing day of the following month or, if there is no such relating day, finishing at the close of the following month;                      (h)  Calendar year implies a time of 12 months beginning on 1 January; and                       (j)  Contravene incorporates neglect to consent to.

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ACTS INTERPRETATION ACT 1901 - s 23 Rules as to sex and number In any Act, unless the opposite goal shows up:   (a)  words bringing in a sex incorporate each other sexual orientation; and   (b)  words in the solitary number incorporate the plural and words in the plural number incorporate the particular.

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ACTS INTERPRETATION ACT 1901 - s 25E Attainment of specific age For the reasons for any Act, unless the opposite aim shows up, the time at which a man achieves a specific age communicated in years is the beginning of the applicable commemoration of the date of the introduction of that individual.

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ACTS INTERPRETATION ACT 1901 - s 35 Measurement of separation    In the estimation of any separation for the reasons for any Act, that separation might, unless the opposite expectation shows up, be measured in a straight line on an even plane.

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ACTS INTERPRETATION ACT 1901 - s 36 Reckoning of time (1)  Where in an Act any timeframe, dating from a given day, act, or occasion, is recommended or took into account any reason, the time should, unless the opposite aim shows up, be figured selective of such day or of the day of such act or occasion. (2)  Where the most recent day of any period endorsed or permitted by an Act for the doing of anything falls on a Saturday, on a Sunday or on a day which is an open occasion or a bank occasion in the place in which the thing is to be or might be done, the thing might be done on the principal day taking after which is not a Saturday, a Sunday or an open occasion or bank occasion in that place .

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ACTS INTERPRETATION ACT 1901 - s 37 Expressions of time     Where in an Act any reference to time happens, such time should, unless it is generally particularly expressed, be regarded in each State or some portion of the Commonwealth to mean the standard or lawful time in that State or some portion of the Commonwealth.

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General approach: s15AA "In the understanding of an arrangement of an Act, a development that would advance the reason or protest basic the Act (regardless of whether that reason or question is explicitly expressed in the Act or not) might be liked to a development that would not advance that reason or question."

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Elements Interpretation Construction advancing reason Whether reason express or not Preferred To development which does not advance reason

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Common law approaches The Literal Approach Modified by The Golden Rule , and The Purposive Approach

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Mills v Meeking (1990) 169 CLR 214 , Dawson J at 235: "The exacting guideline of development, whatever the capabilities with which it is communicated, must offer route to a statutory directive to lean toward a development which would advance the motivation behind an Act to one which would not, particularly where that intention is set out in the Act. [The s15AA equivalent]* must I think, imply that the reasons expressed in Pt 5 of the Road Safety Act are to be considered in interpreting the arrangements of that Part, not just where those arrangements all over offer more than one development, additionally in figuring out if more than one development is open. The prerequisite that a court look to the reason or question of the Act is consequently more than a direction to embrace the conventional underhandedness or reason manage in inclination to the strict administer of development. The fiendishness or reason control required an uncertainty or irregularity under the watchful eye of a court could have respect to reason… The approach required by [s15AA equivalent] needs no vagueness or irregularity; it permits a court to consider the motivations behind an Act in figuring out if there is more than one conceivable development. Reference to the reasons may uncover that the artist has accidentally disregarded something which he would have managed had his consideration been attracted to it and in the event that it is conceivable as an issue of development to repair the imperfection, then this must be finished. Notwithstanding, if the exacting importance of an arrangement is to be changed by reference to the reasons for the Act, the adjustment must be decisively identifiable as that which is important to effectuate those reasons and it must be steady with the wording generally embraced by the designer. [Section 15AA] requires a court to translate an Act, not to modify it, in the light of its motivations."

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R v L (1994) 49FCR 543, Burchett, Miles and Ryan JJ at 548 "the prerequisite of s15AA(1) that one development be liked to another can have meaning just where two developments are generally open, and s15AA(1) is not a warrant for redrafting enactment closer to an accepted longing of the governing body"

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Literal approach Engineers case ( Amalgamated Society of Engineers v Adelaide Steamship (1920) 28 CLR 129 at 161-2 Higgins J: "The essential manage of elucidation, to which all others are subordinate, is that a statute is to be explained by the expectation of the Parliament that made it; and that goal must be found by an examination of the dialect utilized as a part of the statute all in all. The question is, the thing that does the dialect mean; and when we find what the dialect implies, in its common and normal sense, it is our obligation to comply with that significance, regardless of the possibility that we view the outcome as badly designed or impolitic or doubtful."

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Intrinsic materials Definitions areas Other segments around the one being referred to figure out the path in which words are utilized as a part of the quarrelsome segment Indices, headings to parts BUT NOT headings to organization

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