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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.

The following is a more accessble plain text extract of the PDF sample above, taken from our Australian Legal Foundations Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

LEGISLATIVE INTERPRETATION II *
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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

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