2. Statutory Interpretation

Question 0

What are the three ways a judge can approach interpretation?

Answer 0

Literal rule
Golden rule
Purpose approach

Question 1

What does the number of the act mean?

Answer 1

This tells us it was the 63rd Act passed by parliament in the year XXXX which is stated in the title

Question 2

Are laws backdated?

Answer 2

No. They do not pass retrospective laws especially penal statues (criminal) and taxation laws

Question 3

What is the table of provisions?

Answer 3

This can also be called the index or table of contents. It is a chronological index not alphabetical

Question 4

Why do Acts have long and short titles?

Answer 4

The long title specifies the purpose of the statue.

The short title is the more convenient name to refer to

Question 5

When does the statue usually begin?

Answer 5

After Parliament has passed the Statute, the Governor General must pass assent. This is the date of assent, typically Acts start 28 days after assent or otherwise stated in the Act

Question 6

What is the Government Gazette?

Answer 6

This is the weekly publication that contains a record of official documents. There are Commonwealth and State Gazettes. To find out when an Act came fully into operation one would have to check the Gazette

Question 7

How is an Act broken up?

Answer 7

An Act will have several Parts. Then sometimes Parts are broken into Divisions. The various provisions of the Act are divided into paragraphs, these are Sections and sometimes there are subsections

Question 8

What is the Purposes or Objects Clause?

Answer 8

This is a short explanation of the Act and what it is to achieve

Question 9

Do Statues have a definitions section?

Answer 9

Yes

Question 10

What is the literal approach?

Answer 10

Sometimes called the Plain Meaning Rule. It gives the words of the statute its ordinary meaning. Doesn’t matter if its absurd, unjust etc, it is the ordinary meaning

Question 11

What is the golden rule?

Answer 11

The more common sense approach. Not the judges opinion, but taking the ordinary meaning of the words and taking the absurdity out of it if needed

Question 12

What is the purpose approach?

Answer 12

Tries to determine the intention of Parliament with this Act.
What were they trying to correct making this law.
What remedy did Parliament establish with this Act.
How can the court remedy the break of law?

Question 13

What materials do the purpose approach use?

Answer 13

Intrinsic not Extrinsic

Intrinsic is the materials in the Act itself

Question 14

Why is there an Acts Interpretation Act 1901?

Answer 14

The Commonwealth Parliament passed it as a general guidance to the meaning of words and phrases usually used in statues. It also outlines the extrinsic materials which can be used to interpret the statute

Question 15

Do the courts take into consideration treaties which Australia is part of?

Answer 15

Yes. But only since 1995

Question 16

What are the three principles of interpretation?

Answer 16

The Act is to be read as a whole
Words are presumed to have consistent meanings throughout the whole of the Act
Technical words should be given their technical meaning

Question 17

Can the courts and parliamentary drafters allowed to use aids in interpreting Acts?

Answer 17

Yes, they are not obliged though and should be used with caution

Question 18

What is the ejusdem generic rule?

Answer 18

Means of the same kind
Such as an act including “koalas, kangaroos and other animals”, in general terms this would include all animals but with Ejusdem Generic Rule it would include Australian native animals

Question 19

What is Noscitur A Sociis?

Answer 19

Closely related to Ejusdem Generic Rule. It means words can only to limited by the context in which they appear

Question 20

What is Expressio Unius?

Answer 20

Means were something is expressly referred to, everything else should be excluded

Question 21

What is Generalia Specialibus Non Derogant?

Answer 21

Where an Act makes a provision for something in general terms and a subsequent Act makes special provision for that thing the later Act prevails

Question 22

What is a penal Statue?

Answer 22

It is an Act which imposes a penalty

Question 23

What is the difference between ‘means’ and ‘includes’ in ac Act?

Answer 23

Means is exhaustive

Includes is not an exhaustive definition

Question 24

Statutes give instructions for someone to do something?

Answer 24

They are either Mandatory or Discretionary