70102 Lecture Notes - Lecture 16: Statutory Interpretation, Australasian Legal Information Institute, Government Of New South Wales
Seminars 16, 17 ,18
Statutory Interpretation Exercise
• Elizabeth Ellis, Principles and Practice of Australian Law (Thomson Reuters, 3rd ed, 2013)
[7.60]-[7.63].
• Reading Statutes 6.1 Statutes are complex
- Acts are long and daunting, even with the plain English movement
- Acts are broken down in to acts, subsections and divisions.
• 6.2 Read closely and in context
- Exhaustive definitions and non-exhaustive; an exhaustive is a definition that
covers everything whereas a non-exhaustive is a definition that pertains to a
particular subsection or area.
- E.g for the Dog Cotrol At for the purposes of this at: Authorised offier
means a person who has been given responsibility for implementing this act
within a N“W Natioal Park This ould e ehaustie
- Make sure it is not a repealed act
- If you want to find which other acts have amended it remember it does not have
to e alled The Dog Cotrol At to aed The Dog Cotrol At. For
something like this you would need to look in the database because it is more
thorough ad the Value-add to s goeret puliatios of legislatio.
E.g You can also find cases that might have used specific subsections of an act,
this would be useful to understand how it is actually applied within the law.
-
• 6.3 Statutory Discretions
- By incorporating choice, discretion allows the flexible application of statutory
provisions.
- This is important because a wide variety of fact situations may fall within the
scope of broadly stated legislative rules.
Additional Notes from other seminars/ library session re the statutory interpretation
exercise
Databases:
- Austlii
- LawOne (Most information)
- Federal Register of Legislation
- Lexis Advance
- NSW Legislation (best to go to if you just want the legislation and you are not
after anything additional like the first or second readings)
The long title vs the short title of the act
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Statutory interpretation exercise: elizabeth ellis, principles and practice of australian law (thomson reuters, 3rd ed, 2013) [7. 60]-[7. 63]: reading statutes 6. 1 statutes are complex. Acts are long and daunting, even with the plain english movement. Acts are broken down in to acts, subsections and divisions: 6. 2 read closely and in context. Exhaustive definitions and non-exhaustive; an exhaustive is a definition that covers everything whereas a non-exhaustive is a definition that pertains to a particular subsection or area. E. g for the dog co(cid:374)trol a(cid:272)t (cid:894) (cid:862) for the purposes of this a(cid:272)t: (cid:862)authorised offi(cid:272)er means a person who has been given responsibility for implementing this act within a n w natio(cid:374)al park(cid:863)(cid:895) this (cid:449)ould (cid:271)e e(cid:454)hausti(cid:448)e. Make sure it is not a repealed act. If you want to find which other acts have amended it remember it does not have to (cid:271)e (cid:272)alled (cid:862)the dog co(cid:374)trol a(cid:272)t(cid:863) to a(cid:373)e(cid:374)d (cid:862)the dog co(cid:374)trol a(cid:272)t(cid:863).
