#6506 - Legislative Interpretation Ii - Australian Legal Foundations

LEGISLATIVE INTERPRETATION II * * * * * * Common Law Rules: o Literal Rule o Golden Rule o Mischief Rule o Purposive Rule Extrinsic Aids o Acts Interpretation Act (Cth) 1901 - s15AB (1) o Acts Interpretation Act (Qld) 1954 - s14B (1) SS? We can use extrinsic materials to support arguments being made by intrinsic material -- determine ambiguous meanings - support the literal approach Intrinsic Aids - Structural Considerations o Date o Definitions SS? Open vs closed SS? Discretion vs obligation o Long title o Preambles (older Acts) Acts Interpretation Act - STRUCTUAL CONSIDERATIONS o S 14D (Qld) and S 15AD (Cth) SS? Punctuation in an act is part of an act SS? Where an Act includes an example of the operation of a provision * A) the example shall not be taken to be exhaustive and; * B) if the example is inconsistent with the provision, the provision prevails Noscitur a sociis o The word is known by the company it keeps o Ambiguous words can be determined by reference to the words around it and in the Act Ejusdem Generis o The general word is limited to the meaning of the specific words that precede it, (if they are a class) o There must be a class suggested by the specific words SS? Eg: gun is a different class to knife PAGE 36