Subjects:

Other Jurisdictions

Contents:

Introduction

Approaches to the Interpretation of Legislation

Extrinsic Aids to Interpretation

Intrinsic or Grammatical Aids to Interpretation

Legal Assumptions

Interpretation Acts and Sections

Interpretation of Repealing Acts, Amending Acts and Acts Incorporating Other Statutes

Interpretation of Consolidating, Reprinted and Codifying Acts

Interpretation of Remedial, Penal and Fiscal Provisions

Retrospective Operation of Legislation

Obligatory and Discretionary Provisions

Drafting Conventions and Expressions

This authoritative book seeks to provide legal practitioners and students with a guide to some of the practical questions of interpretation of legislation as they arise in Australia today.

This book aims to bring two matters to the attention of legal practitioners and students. First, there are the enactments of the Australian legislatures which direct all those who must interpret legislation as to how they should go about that task. In particular, the provisions which deal with the purposive approach to interpretation and the use of extrinsic materials are discussed. Second, the book includes the statements of the courts and tribunals to the approaches, assumptions and techniques of interpretation which they apply in their work, and how they apply them. Frequently, multiple references have been included so that readers may gauge the status of the principles and choose those authorities that best suit their particular purposes.

Statutory Interpretation in Australia has been written by experts in the field. Professor Pearce is recognised as Australia’s leading authority on statutory interpretation and has experience as an academic, a past Commonwealth Ombudsman and a consultant in private practice. Associate Professor Geddes has taught statutory interpretation for many years. He is also the principal author of the material on statutory interpretation in Laying Down the Law.

As with previous editions of this book, greater attention has been given to Australian sources, although reference is still made to decisions from other countries. In this edition, references to the authorised reports of all cases have been included.