The ‘Best Achievement’ and the ‘Preferred Construction’ approaches

For Commonwealth, Queensland and ACT Acts, the interpretation that would best achieve the purpose is to be preferred.

For NSW, Vic, SA, WA, tas and NT Acts an interpretation that promotes the purpose is preferred to one that does not.

The ‘Best Achievement’ formulation is broader and more flexible than the  ‘preferred purpose’ formulation. Indeed there is a difference between the two approaches. See Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249 at [262], where the High Court stated:

The choice directed by s 35(a) of the Interpretation of Legislation Act is not as to the construction which will ‘best achieve’ the object of the Act. Rather, it is a limited choice between a construction that would promote the purpose or object (of the Act) and one that would not [promote the purpose or object.

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