Topic 6 – Intrinsic Materials

It is a received cannon  interpretation that every passage in a document must be read not as if it were entirely divorced from its context but as part of the whole instrument.

Within a section of an Act there can be a hierarchy. eg Project Blue Sky case…….the general proposition is that when reconciling conflicting provisions you should determine which is leading and which is subordinate.

Under Commonwealth legislation everything from the start to the end of an Act is to be taken into account   s 13 AIA

Long title: not used so much any more but it can be useful.

Short title: usually not as helpful but can be.

Definition sections: this doesn’t give you the definitive meaning however……the explanation is there to assist interpretation and it is not the final word.

Preambles is also on the way out. Often used in constitutions or treaties. they set the scene.

Objects clause will assist you to understand the purpose of the Act.

The objects clause can be used in conjunction with explanatory memoranda and second reading speeches.

Exhaustive definition: something means….

non exhaustive means: is not limited to.

headings….everything is part of the Act and so they are part of the interpretive process.

K & S freighters case, the heading is important but it is not the last word.

Other places you can look for meaning

Schedules

Notes

Punctuation is generally taken into account but again is not the last word

examples

If a penalty appears below it is the penalty for each of them and this is the maximum penalty.

Leave a comment