Using Extrinsic Materials

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The rules regarding use of extrinsic materials in interpretation of a Commonwealth Act are found in Section 15AB of the Acts Interpretation Act 1901 (Cth)

Extrinsic materials may be used to confirm the meaning is the ordinary meaning, or to determine the meaning where the provision is ambiguous or obscure.

Statutory provisions on the use of extrinsic materials do not exclude the common law approach to extrinsic materials.

There is no hierarchy, however explanatory memoranda and second reading speeches are used more often. The true test for the use of extrinsic materials is relevance.

Delegated legislation may not be used to interpret an Act unless the Act contains an ‘as enacted provision’.

CAUTION: Documents that came into existence after the enactment of an Act may not be used for Interpretation of that Act.

The following extrinsic materials are most commonly used:

Explanatory Memoranda

Hansard records of parliamentary debate

Law Reform Commission reports

International Treaties

Dictionaries

Judicial Decisions

Legislative history

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