Week 6 Lecture

Question 1

How do we intrepret statutes?

Answer 1

Common law rules
Interpretation Acts
Acts Interpretation Act 1954 (Qld)
Acts Interpretation Act 1901 (Cth)

Question 2

What does jurisisdication mean in statue intrepretation?

Answer 2

Does the Act cover the relevant events?

Question 3

What do we need to consider when looking at jurisidication in statue interpretation?

Answer 3

Consider where the event took place

Consider which statutory interpretation Act would apply

Question 4

What do we mean when we look at whether an act was in force at relevant time when doing statue intrepretation?

Answer 4

Consider commencement dates of legislation
Did the event occur when legislation was in force?
Authority

Question 5

What does issues that arise mean?

Answer 5

Be very clear about which issues you are addressing

Highlight the relevant provisions of legislation which require interpretation

Question 6

What is the literal rule of analysis during statue interpretation?

Answer 6

Plain and ordinary meaning within the context they appear

Question 7

What is the golden rule of analysis during statue intrepretation?

Answer 7

Can depart from the ordinary meaning to avoid absurdity

Question 8

What does contextual intrepratation during analysis mean?

Answer 8

Act to be read as a whole

Words should be interpreted with reference to accompanying words

Question 9

What does purpose mean in statue intrepretation?

Answer 9

Does the interpretation meet the purpose of the legislation?