3.3.4 Effects of Interpreting Statutes

Question 1

Effect 1:

Answer 1

Extending the law by a broad interpretation of a statute.

Question 2

Broad interpretation:

Answer 2

A broad interpretation of a word or phrase in a statute can extend the law to cover a new situation or area.

Question 3

Example 1:

Answer 3

The decision in the Tasmanian Dams Case 1983 extended the interpretation of the phrase ‘external affairs’ to include legislation implementing Australia’s obligations under international treaties.

Question 4

Effect 2:

Answer 4

Restricting the law through a narrow interpretation of a statute.

Question 5

Restriciting the law through a narrow interpretation of a statute:

Answer 5

A narrow interpretation of a word or phrase by a court could restrict the scope of law.

Question 6

Example 2:

Answer 6

The Studded Belt Case restricted the definition of a regulated weapon to items likely to be used for an aggressive purpose only.

Question 7

Effect 3:

Answer 7

Consistency and Predictability

Question 8

Consistency and Predictability

Answer 8

By reason of a precedent set, the interpretation can allow, to some extent, future parties to predict the outcome of the case.