3 & 4- Reasons / Effects of Statutory Interpretation Flashcards
Give 3 reasons why statutes may need to be interpreted.
- Legislation is framed in general terms.
- Meanings of words change over time.
- Loopholes in legislation.
Explain reason 1: Legislation is framed in general terms. Provide an example.
The legislation may be too brief, or not detailed enough to cover the case at hand- or it may not encompass the needs of future circumstances.
Eg: in the Brislan case (1935), the words “other like services” had meaning added, and now include Internet and broadband.
Explain reason 2: meanings of words change over time. Provide an example.
The meaning and application of a word may change over time, as society changes.
Eg: in the Kevin and Jennifer case, the definition of the word ‘man’ was clarified to include a person born as a female who has undergone sex reassignment surgery.
Explain reason 3: loopholes in legislation. Provide an example.
In some cases, people will find loopholes or gaps in the statute to suit their needs.
Eg: A person is fined for fare evading when they don’t touch on their myki. They can use the loophole that they forgot, thus avoiding the fine.
Give 3 examples of effects of statutory interpretation.
- It adds meaning to the law.
- It creates new precedent.
- It may cause a change in legislation.
Provide an example of statutory interpretation adding meaning to the law.
In the Brislan case (1935), meaning was added to the words “other like services” to include wireless sets.
Provide an example of statutory interpretation creating a new precedent.
In the interpretation of the Franklin River Dam case where the words “external affairs” set a precedent which was followed in the 1994 Human Rights Act.
Provide an example of statutory interpretation causing a change in legislation.
In the Mabo case, the law of native title was established in Australia, and ‘Terra nullius’ was official overruled in the Native Title Act 1993.
