Statutory interpretation

Qld

1. Commencement: Has the provision commenced?

 Determine where the relavant section or sections of the act in question have commenced operation. If it is not
possible to determine this from the information provided, state that this is not possible and then, unless
information indiciates otherwise, assume that the relevant section or sections were in operation at the
relevant time

 S15A: of the acts interpretation act 1954 (qld)-   Act commences on date of Royal Assent unless otherwise
expressly provided(different to Cth)
 1 year 1 day after passed
 Set date
 A date to be proclaimed
 Page 407

2. What are the issues?

 State the issue or issues to be determine by answering the question

3. Read provisions as a whole to ascertain their plain and ordinary meaning:

 Look at definitions in a schedule or dictionary
 Technical meaning
 Acts Interpretation Act: part 8 sets out terms and references
 Include provisions unless the contrary appears such as:
i. 32 defined terms-other parts of speech and grammatical forms: if an act defines a word
or expression, other parts of speech and grammatical forms of the word or expression
have corresponding meanings
ii. 32A definitions to be read in context- definitions in or applicable to an act apply except
so far as the context or subject matter otherwise indicates or requires
iii. 32AA definitions generally applies to entire act- a definition in or applying to an act
applies to the entire act
iv. 32C- A singular word includes the plural and vice versa
v. 32B- A reference to one gender includes the other
vi. 37, 38, 38A - Measurement of period of time and distance
1. 38 (1) (a) clear days, (2) excluded days, 37 measurement of distance- shortest
road
vii. 32 D Reference to a person includes companies
viii. 32 CA Meaning of may and must
1. (1)Meaning of ‘may’: power may be exercised or not, at discretion and
2. (2) ‘must’: power is required to be exercised

1. Interpretation in context-
a. Immediate-provisions
b. Wider- act as a whole
c. Other acts and common law
d. The act must be read as a whole- read the information provided as if the act was being read as a whole
e. Effect must be given to the whole act. Attempt to interpret all provisions in the question even where this
presents difficulty
f. Keep in mind the presumption that words are used consistently in an act

2. Internal aids
a. Keep in mind the common law rules of interpretation (NA);

i. In QLD - the latin maxims no longer apply to statutes because of our Acts Interpretation Act 1954
(Qld) - there was an amendment in 1991 so that after 1 July 1991, QLD courts are to use the methods
as prescribed in the act
ii. s14A (3): To remove any doubt, it is declared that this section applies to an Act passed after 30 June
1991 despite any presumption or rule of interpretation
iii. however it is relevant to note that this has not proven to have had many significant practical
differences
 b. Be aware of the position is the particular jurisdiction concerning the use of headings, marginal notes,
schedules and examples-

A. Long title
B. Short title
C. Preamble
D. Chapters, parts, divisions, sub-divisions and headings
 s14(1) of the Acts Interpretation Act 1954 (Qld) provides that headings to a chapter, part, division
or subdivision are part of an act
E. Marginal notes
F. Punctuation
 In Qld only, punctuation is part of the act and can give a meaning to a section: s14(5) Qld
G. Schedules
 Now part of the act: s14(4) Qld
H. Examples
 Are part of the act: s14(3) Qld

 Look at the section in context, presuming words are used consistently:

i. Specific prevails over the general- Generalia specialibus non derogant: Specific
prevails over general, within the same act of different acts when the more general
provisions are in the later Act. Only applied when the two inconsistent provisions
cannot be reconciled as a matter of ordinary interpretation

4. What is the purpose/object:

 S14a) Qld Acts Interpretation Act: give an interpretation that will best achieve the purpose of the act
 Purpose of the act can generally be found around section 3
 If not, look at other provisions
I. Long title
J. Short title
 Scrutton LJ in Re Boaler stated that provided the short title was scrutinised by Parliament
K. Preamble
L. Chapters, parts, divisions, sub-divisions and headings
 s14(1) of the Acts Interpretation Act 1954 (Qld) provides that headings to a chapter, part, division
or subdivision are part of an act
M. Marginal notes
N. Punctuation
 In Qld only, punctuation is part of the act and can give a meaning to a section: s14(5) Qld
O. Schedules
 Now part of the act: s14(4) Qld
P. Examples
 Are part of the act: s14(3) Qld

 If both Qld and Cth apply, use Cth: Chugg v. Pacific Dunlop Limited

 ***Do any other legal presumptions apply?

 In QLD - the latin maxims no longer apply to statutes because of our Acts Interpretation Act 1954 (Qld) -
there was an amendment in 1991 so that after 1 July 1991, QLD courts are to use the methods as prescribed
in the act
 s14A (3): To remove any doubt, it is declared that this section applies to an Act passed after 30 June 1991
despite any presumption or rule of interpretation
 however it is relevant to note that this has not proven to have had many significant practical differences

 Parliament is presumed not to legislate extra-territorially

a. Jumbunna Coal Mine v Victorian Coal Miners Association
 Statutes do not operate retrospectively
a. Fisher v Hebburn
 Penal provisions will be narrowly construed
a. Beckwith v R: (only as a last resort if ambiguous)
 Parliament does not interfere with fundamental and vested rights
a. Coco v The Queen
 Legislation does not bind the Crown
 b. S5 of the acts interpretation act 1954 (qld) provides that this act (that is, the acts
interpretation act 1954 (qld) binds the crown

5. Extrinsic material
 14B use of extrinsic material in interpretation-
 (1)
 (a) if the provision is ambiguous or obscure- to provide an interpretation of it; or
 (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable-to
provide an interpretation that avoids such a result; or
 (c)in any other case- to confirm the interpretation conveyed by the ordinary meaning of the provision
(4) In this section –

‘extrinsic material’ means relevant material not forming part of the Act concerned, including, for
example –

a. Material that is set out in the document containing the text of the Act as printed by the Govt Printer;
and
b. A report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a
similar body, that was laid before the Legislative Assembly before the provision concerned was
enacted; and
c. A report of a committee of the Legislative Assembly that was made to the Legislative Assembly
before the provision was enacted; and
d. A treaty or other international agreement that is mentioned in the Act; and
e. An explanatory note or memorandum relating to the Bill that contained the provision, or any other
relevant document, that was laid before or given to the members of, the Legislative Assembly by the
member bringing in the Bill before the provision was enacted; and
f. The speech made to the Legislative Assembly by the member in moving a motion that the Bill be read
a second time; and
g. Material in the Votes and Proceedings of the Legislative Assembly or in any official record of debates
in the Legislative Assembly; and
h. A document that is declared by an Act to be a relevant document for the purposes of this section.

‘ordinary meaning’ means the ordinary meaning conveyed by a provision having regard to its context in the
Act and to the purpose of the Act

6. Reasoning- the provision of reasons forms a crucial part of the answer. Remember also that questions are often
structure so that competing arguments can be raised. Where this is the case, analyse the relevant strength of the
competing arguments before coming to a conclusion

7. Conclude, stating the meaning and why it is a justifiable choice

Commonwealth

8. Commencement: Has the provision commenced?

 Determine where the relavant section or sections of the act in question have commenced operation. If it is not
possible to determine this from the information provided, state that this is not possible and then, unless
information indiciates otherwise, assume that the relevant section or sections were in operation at the
relevant time
 S 5 and 6 of the acts interpretation act 1901 (cth)
 5(1A) Royal assent= 28 days after for Cth
 1 year 1 day after passed
 Set date
 A date to be proclaimed
 See page 390

9. What are the issues?

 State the issue or issues to be determine by answering the question

10. Read provisions as a whole to ascertain their plain and ordinary meaning:
 Look at definitions in a schedule or dictionary
 Technical meaning
 Acts Interpretation Act: 18A, 22 and 23 set out words and expressions
 Include provisions unless the contrary appears such as:
i. 18A parts of speech and grammatical forms: in any act, unless the contrary intention
appears, where a word or phrase is given a particular meaning, other parts of speech
and grammatical forms of that word or phase have corresponding meanings
ii. 22(b) A singular word includes the plural and vice versa
iii. 22 (a) A reference to one gender includes the other
iv. 35, 36, 37- Measurement of period of time and distance
v. Reference to a person includes companies
vi. # Meaning of ‘may’: power may be exercised or not, at discretion and ‘must’: power is
required to be exercised
11. Interpretation in context-
 Immediate-provisions
 Wider- act as a whole
 Other acts and common law
 The act must be read as a whole- read the information provided as if the act was being read as a whole
 Effect must be given to the whole act. Attempt to interpret all provisions in the question even where this
presents difficulty
 Keep in mind the presumption that words are used consistently in an act

12. Internal aids

1- Keep in mind the common law rules of interpretation;

 Noscitur a sociis – words of similar meaning: words take their meaning from the context in which they
appear e.g. Richardson v Austin
 Ejusdem Generis – the class rule: Where there is a list of two or more specific words followed by general
words, then the otherwise wide meaning of the general words is restricted to the same class, if any,
constituted by the specific words. Nb, should be tested against other aids and shouldn’t be applied if
inconsistent with the purpose of the statute. E.g. canwan coals pty ltd v commissioner of tazaion (cth)
 Expresio unius exclusio alterius est – if there is an express inclusion, there is an implied exclusion: If one
member of a class is expressly mentioned, others are excluded. E.g. Eastman v commissioner for
superannuation
2- Be aware of the position is the particular jurisdiction concerning the use of headings, marginal notes, schedules and
examples-

Q. Long title
R. Short title
 Scrutton LJ in Re Boaler stated that provided the short title was scrutinised by Parliament
S. Preamble
T. Chapters, parts, divisions, sub-divisions and headings
 s13(1) of the Acts Interpretation Act 1901 (Cth) provides that parts, divisions and sub-divisions
are part of the act
U. NO: Marginal note, FOOTNOTE OR ENDNOTE OF AN ACT, AND NO HEADING TO A SECTION OF AN
ACT, SHALL BE TAKEN TO BE PART OF THE ACT
V. Punctuation
W. Schedules
 Now part of the act: s13(2) Cth
X. 15 AD- Examples
Y. see page 392

13. Look at the section in context, presuming words are used consistently:
 Specific prevails over the general- Generalia specialibus non derogant: Specific prevails over general,
within the same act of different acts when the more general provisions are in the later Act. Only applied when
the two inconsistent provisions cannot be reconciled as a matter of ordinary interpretation e.g. seward v the
vera cruz

14. What is the purposive/object

 S 15AA(1) of the Acts Interpretation Act 1901 (cth) requires that regard must be given to the purpose or
object of a statute when interpreting a provision of a commonwealth statute , that is ‘ a construction that
would promote the purpose or object underlying the Act’
 Purpose of the act can generally be found around section 3
 If not, look at other provisions
Z. Long title
AA. Short title
 Scrutton LJ in Re Boaler stated that provided the short title was scrutinised by Parliament
BB. Preamble
CC. Chapters, parts, divisions, sub-divisions and headings
 s13(1) of the Acts Interpretation Act 1901 (Cth) provides that parts, divisions and sub-divisions
are part of the act
DD. NO: Marginal note, FOOTNOTE OR ENDNOTE OF AN ACT, AND NO HEADING TO A SECTION OF AN
ACT, SHALL BE TAKEN TO BE PART OF THE ACT
EE. Punctuation
FF. Schedules
 Now part of the act: s13(2) Cth
GG. 15 AD- Examples
HH. see page 392

 If both Qld and Cth apply, use Cth: Chugg v. Pacific Dunlop Limited

 Do any other legal presumptions apply?

 Parliament is presumed not to legislate extra-territorially
b. Jumbunna Coal Mine v Victorian Coal Miners Association
 Statutes do not operate retrospectively
b. Fisher v Hebburn
 Penal provisions will be narrowly construed
b. Beckwith v R: (only as a last resort if ambiguous)
 Parliament does not interfere with fundamental and vested rights
b. Coco v The Queen
 Legislation does not bind the Crown
a. S 2 (2) of the acts interpretation act 1901 (cth) provides that this act (that is, the
acts interpretaion act 1901 (cth) binds the crown.

15. Extrinsic material

 If ambiguous or obscure, extrinsic material may be used
  S15AB Acts Interpretation Act 1901 (Cth)
 15 AB (1)
a. to confirm the meaning of the provision in the ordinary meaning conveyed by the
text of the provision taking into account its context in the act and the purpose or
object underlying the act
b. to determine the meaning of the provision when
 (i) the provision is ambiguous or obscure; or
 the ordinary meaning conveyed by the tex of the provision taking into
account its context in the act and the purpose or object underlying the act
leads to a result that is manifestly absurd or is unreasonable
(4) In this section –

‘extrinsic material’ means relevant material not forming part of the Act concerned, including, for
example –

i. Material that is set out in the document containing the text of the Act as printed by the Govt Printer;
and
j. A report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a
similar body, that was laid before the Legislative Assembly before the provision concerned was
enacted; and
k. A report of a committee of the Legislative Assembly that was made to the Legislative Assembly
before the provision was enacted; and
l. A treaty or other international agreement that is mentioned in the Act; and
m. An explanatory note or memorandum relating to the Bill that contained the provision, or any other
relevant document, that was laid before or given to the members of, the Legislative Assembly by the
member bringing in the Bill before the provision was enacted; and
n. The speech made to the Legislative Assembly by the member in moving a motion that the Bill be read
a second time; and
o. Material in the Votes and Proceedings of the Legislative Assembly or in any official record of debates
in the Legislative Assembly; and
p. A document that is declared by an Act to be a relevant document for the purposes of this section.

‘ordinary meaning’ means the ordinary meaning conveyed by a provision having regard to its context in the
Act and to the purpose of the Act

16. Reasoning- the provision of reasons forms a crucial part of the answer. Remember also that questions are often
structure so that competing arguments can be raised. Where this is the case, analyse the relevant strength of the
competing arguments before coming to a conclusion

17. Conclude, stating the meaning and why it is a justifiable choice