acts/sections

Question 1

What is the name of the legislation with the assistance of interpreting legislation (VIC)?

Answer 1

Interpretation of legislation Act 1984 (Vic)

Question 2

What is the name of the legislation with the assistance of interpreting legislation (Cth)?

Answer 2

Acts Interpretation Act 1901 (Cth)

Question 3

S10A (ILA)

Answer 3

If the Act provides no provision for the commencement of the Act, it becomes proclaimed on the 1-year anniversary.

Question 4

S35(a) (ILA)

Answer 4

An interpretation of an Act which supports/promotes the purpose underlying the Act.

Question 5

S35(b) (ILA)

Answer 5

Consideration may be given to any mater or document that is relevant including explanatory memoranda, readings or any other document presented to any House of the Parliament. (Extrinsic materials)

Question 6

S36 (ILA)

Answer 6

The use of headings, sections, clauses etc.

Question 7

S3(a) (AIA)

Answer 7

Default commencement 28 days after royal assent.

Question 8

S8 (AIA)

Answer 8

Purposive approach.

Question 9

S15 (ab) (AIA)

Answer 9

Use of extrinsic materials in the interpretation of an Act.

Question 10

Common Law Presumptions

Answer 10

1) Statutes do not operate retrospectively (Rodway v The Queen 1990)
2) Parliament does not interfere with Common Law rights (Coco v The Queen 1994)
3) Legislation does not bind the Crown (Bropho v Western Australia 1990)
4) Penal provisions are strictly construed (Beckwith)
5) Legislation does not have extraterritorial effect S48

Question 11

Spiral Approach:

Answer 11

1) Rival Interpretations
2) Particular Provisions (Literal, intuitive reading/ Neighbouring words)
3) Consider the act as a whole
4) Consider the legislative history (extrinsic material)
5) Consider the wider context (Interpretations acts/Related legislation/CL presumption)