Extrinsic Aids to Interpretation of Legislation

Question 1

What are extrinsic materials?

Answer 1

Documentary materials that exist outside the statue being interpreted. One example of an extrinsic material would be international agreements.

Question 2

Give an example of a case where the courts had decide not the refer to extrinsic materials?

Answer 2

Commissioner for Prices and Consumer Affairs v. Charles Moore 1977.

Question 3

Give an example of a case of when the court decided to refer to extrinsi materials?

Answer 3

Wacando v. Commonwealth 1981.

Question 4

What are examples of extrinsic aids?

Answer 4

1. Parliamentary Debates (e.g. Hansard)
2. Formative Constitutional Documents (e.g. Past Legislation)
3. Inquiry Reports (e.g. Law Reform Commissions)
4. Cabinet and other executive documents
5. International Agreements

Question 5

Which section of the Acts Interpretations Act 1901 is most sagnificant to extrinsic aids?

Answer 5

S. 15AB

Question 6

Give an example of when the application of Section 15AB of the Acts Interpretations Act 1901 was applied?

Answer 6

Shingles and Director-General of Social Security 1984.