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Legislative Interpretation Ii Notes

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This is an extract of our Legislative Interpretation Ii document, which we sell as part of our Australian Legal Foundations Notes collection written by the top tier of Griffith University students.

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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

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