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12/12/2014 7:21:00 PM
should be used.
Which interpretation legislation to use?
When did the Act commence?
o this will tell us if the Act was in force at the relevant time
Which legislation?
o Determine which Parliament passed the Act to be
interpreted
o That is the Interpretation legislation you will use
3) Application phase:
Preferred
To construction which does not promote purpose
approach.
Read the Golden Rule and then FORGET about it.
its ordinary and natural sense, it is our duty to obey that meaning,
even if we consider the result to be inconvenient or impolitic or
improbable.
Intrinsic Materials
Definitions sections
Other sections around the one in question to get a feel for the
way in which words are used in the contentious section
Indices, headings to parts BUT NOT headings to sections or
marginal notes. (What is intrinsic to the act and what is extrinsic
12/12/2014 7:21:00 PM
s35 define that distance are measure in straight line (bird fly) not by
driving.
s35 Measurement of distance
In the measurement of any distance for the purposes of any Act, that
distance shall be measured in a straight line on a horizontal plane.
12/12/2014 7:21:00 PM
s23(1) ~ s3A
s23(6)(7) an Act will take effect even if it has not commenced.
s7 ~ s18
s8(a) ~ s23(a)
s8(a)(b) ~ s23(b)
s37 ~ s37A