TOPIC 7
STATUTORY INTERPRETATION
Legislation forms an increasingly important source of our law. The rules of statutory
interpretation govern how to read and interpret legislation. As Gifford & Gifford have noted,
legislation is not something that can be read like a book:
“[This] is because over the years the law has developed special rules that govern the
reading of the Act of Parliament. Every Act of Parliament must be read in the light of
those rules, and the person who attempts to read an Act of Parliament without a
working knowledge of the more important rules of interpretation may fall into error”
(Preface pp v-vi)
The courts play an important role in statutory interpretation, and so it is important to
understand the doctrine of precedent, which has been described as the accepted intellectual
framework within which judges are expected to reason. In its simplest form it means that a
question should be decided in a certain way today because a similar question was so decided
yesterday. However, there are a number of rules which make up the doctrine of precedent
and you need to know these to fully understand how the doctrine is applied.
Materials
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Cook, Creyke et al, Chapter 6 and Part 3 – focus on Chapters 10, 11 and 12
Legislation
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Acts Interpretation Act 1901 (Cth) ss 15AA, 15AB
Interpretation Act 1987 (NSW) ss 33, 34
7.1
Interpretation of legislation
7.1.1
Importance of interpretation of legislation
7.1.2
Approaches to interpretation of legislation
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7.1.3
Statutory approach
o s 15AA Acts Interpretation Act 1901 (Cth)
o s 33 Interpretation Act 1987 (NSW)
o Mills v Meeking (1990) 169 CLR 214
Common law approaches:
o Literal
o Golden
o Purposive
Use of extrinsic materials
Common law
Statute
o s 15AB Acts Interpretation Act 1901 (Cth)
o s 34 Interpretation Act 1987 (NSW)
Specific rules/canons of construction

Maxims of interpretation:
o Noscitur a sociis – the meaning of a word or phrase is derived from its context
Ejusdem generis – where words of a particular meaning are followed by
words of a general meaning, the general words are limited to the same kind
as the particular words
Presumptions of interpretation
o
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7.1.4
Judicial interpretation of statutes
7.2
Doctrine of precedent
7.2.1
Development and purpose of doctrine
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7.2.2
Rules of precedent
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7.3
Stare decisis
Hierarchical structure of courts
Each court is bound by the decisions of higher courts in the same judicial
hierarchy
The highest court in a judicial hierarchy can overrule its previous decisions
A judge does not have to follow the decisions of other judges at the same level in
the same judicial hierarchy
A decision of a court in a different hierarchy may be of considerable weight but
will not be binding
Only the ratio decidendi (the judge’s decision on the material facts) of a case is
considered binding
Obiter dicta, although not binding, may be very persuasive
Precedents are not necessarily abrogated by lapse of time – e.g. Pinnel’s case
(1602) 5 Co Rep 117
Statutory interpretation problems
Problems in text
7.3.1
Long problem question
Early in 1995, Australia participated in an international conference which drew up the
Convention on Piracy. The Convention created offences relating to the robbery of ships and
boats in national and international waters.
A Prevention of Piracy Bill is introduced into the House of Representatives and, in the course
of the second reading speech to the Bill, the Minister states as follows:
“The Prevention of Piracy Bill will apply to pirates who cannot at present be reached
by existing law."
The Commonwealth Parliament subsequently enacts the Prevention of Piracy Act 1996
("Act"), the long title of which is "An Act to deal with robbery of ships and boats in national
and international waters." The Act receives the Royal Assent on 1 July 1996.
The Act includes the following provisions:
Possession of weapons on ships
4. Any person (other than an officer or crew member or a ship protection officer) who
possesses on board any ship, boat, ferry or any other transport whatsoever, any
firearm, ammunition, weapon or explosive substance, shall be guilty of an offence
punishable by 7 years' imprisonment.
Diversion of Ship
5. Any person who causes to be diverted or attempts to cause to be diverted a ship
from its scheduled course shall be guilty of an offence punishable by life imprisonment.
Obligation to issue licences
6. If any person applies to become a ship protection officer, the Registrar of Ship
Protection Officers, if satisfied that the applicant is a fit and proper person to be a ship
protection officer, may issue the applicant with a ship protection officer's licence.
Appointment of Registrar of Ship Protection Officers
7. (1) A Registrar of Ship Protection Officers shall be appointed by the GovernorGeneral.
(2) A person appointed under sub-section (1) shall hold office for such period as is
specified in the instrument of appointment.
On 30 July 1996, Howard, who is an amateur spearfisherman, is a passenger on a train which
is stopped by Federal Police at Bowral, New South Wales. He is found to have a spear gun in
his possession.
On 5 August 1996, a container ship is diverted from its scheduled course between Melbourne
and Brisbane by a storm and radio contact with the land is lost. Before the captain can resume
radio contact, Patricia, a cabin girl, unsuccessfully attempts to force the captain to steer the
ship into Sydney Harbour.
Howard is charged with an offence under s 4 of the Act and Patricia with an offence under s
5.
Assuming the Act is within the constitutional power of the Commonwealth, using the
relevant rules of statutory interpretation, advise Howard and Patricia on all the legal
issues involved.
Acts Interpretation Act 1901 (Cth)
15AA Regard to be had to purpose or object of Act
(1) In the interpretation of a provision of an Act, a construction that would promote the
purpose or object underlying the Act (whether that purpose or object is expressly stated in
the Act or not) shall be preferred to a construction that would not promote that purpose or
object.
15AB Use of extrinsic material in the interpretation of an Act
(1) Subject to subsection (3), in the interpretation of a provision of an Act, if any material not
forming part of the Act is capable of assisting in the ascertainment of the meaning of the
provision, consideration may be given to that material:
(a) to confirm that the meaning of the provision is the ordinary meaning conveyed by
the text of the provision taking into account its context in the Act and the purpose or
object underlying the Act; or
(b) to determine the meaning of the provision when:
(i) the provision is ambiguous or obscure; or
(ii) the ordinary meaning conveyed by the text of the provision taking into account
its context in the Act and the purpose or object underlying the Act leads to a
result that is manifestly absurd or is unreasonable.
(2) Without limiting the generality of subsection (1), the material that may be considered in
accordance with that subsection in the interpretation of a provision of an Act includes:
(a) all matters not forming part of the Act that are set out in the document containing the
text of the Act as printed by the Government Printer;
(b) any relevant report of a Royal Commission, Law Reform Commission, committee
of inquiry or other similar body that was laid before either House of the Parliament
before the time when the provision was enacted;
(c) any relevant report of a committee of the Parliament or of either House of the
Parliament that was made to the Parliament or that House of the Parliament before
the time when the provision was enacted;
(d) any treaty or other international agreement that is referred to in the Act;
(e) any explanatory memorandum relating to the Bill containing the provision, or any
other relevant document, that was laid before, or furnished to the members of, either
House of the Parliament by a Minister before the time when the provision was
enacted;
(f) the speech made to a House of the Parliament by a Minister on the occasion of the
moving by that Minister of a motion that the Bill containing the provision be read a
second time in that House;
(g) any document (whether or not a document to which a preceding paragraph applies)
that is declared by the Act to be a relevant document for the purposes of this section;
and
(h) any relevant material in the Journals of the Senate, in the Votes and Proceedings of
the House of Representatives or in any official record of debates in the Parliament or
either House of the Parliament.
(3) In determining whether consideration should be given to any material in accordance with
subsection (1), or in considering the weight to be given to any such material, regard shall
be had, in addition to any other relevant matters, to:
(a) the desirability of persons being able to rely on the ordinary meaning conveyed by
the text of the provision taking into account its context in the Act and the purpose or
object underlying the Act; and
(b) the need to avoid prolonging legal or other proceedings without compensating
advantage.
Interpretation Act 1987 (NSW)
33 Regard to be had to purposes or objects of Acts and statutory rules
In the interpretation of a provision of an Act or statutory rule, a construction that
would promote the purpose or object underlying the Act or statutory rule
(whether or not that purpose or object is expressly stated in the Act or statutory
rule or, in the case of a statutory rule, in the Act under which the rule was made)
shall be preferred to a construction that would not promote that purpose or
object.
34 Use of extrinsic material in the interpretation of Acts and statutory rules
(1) In the interpretation of a provision of an Act or statutory rule, if any material not
forming part of the Act or statutory rule is capable of assisting in the ascertainment of
the meaning of the provision, consideration may be given to that material:
(a)
to confirm that the meaning of the provision is the ordinary meaning
conveyed by the text of the provision (taking into account its context in
the Act or statutory rule and the purpose or object underlying the Act
or statutory rule and, in the case of a statutory rule, the purpose or object
underlying the Act under which the rule was made), or
(b)
to determine the meaning of the provision:
(i)
if the provision is ambiguous or obscure, or
(ii)
if the ordinary meaning conveyed by the text of the
provision (taking into account its context in the Act or
statutory rule and the purpose or object underlying the
Act or statutory rule and, in the case of a statutory rule,
the purpose or object underlying the Act under which the
rule was made) leads to a result that is manifestly absurd
or is unreasonable.
(2) Without limiting the effect of subsection (1), the material that may be considered in
the interpretation of a provision of an Act, or a statutory rule made under the Act,
includes:
(a)
all matters not forming part of the Act that are set out in the document
containing the text of the Act as printed by the Government Printer,
(b)
any relevant report of a Royal Commission, Law Reform Commission,
committee of inquiry or other similar body that was laid before either
House of Parliament before the provision was enacted or made,
(c)
any relevant report of a committee of Parliament or of either House of
Parliament before the provision was enacted or made,
(d)
any treaty or other international agreement that is referred to in the Act,
(e)
any explanatory note or memorandum relating to the Bill for the Act,
or any other relevant document, that was laid before, or furnished to the
members of, either House of Parliament by a Minister or other member
of Parliament introducing the Bill before the provision was enacted or
made,
(f)
the speech made to a House of Parliament by a Minister or other
member of Parliament on the occasion of the moving by that Minister
or member of a motion that the Bill for the Act be read a second time
in that House,
(g)
any document (whether or not a document to which a preceding
paragraph applies) that is declared by the Act to be a relevant document
for the purposes of this section, and
(h)
any relevant material in the Minutes of Proceedings or the Votes and
Proceedings of either House of Parliament or in any official record of
debates in Parliament or either House of Parliament.
(3) In determining whether consideration should be given to any material, or in
considering the weight to be given to any material, regard shall be had, in addition to
any other relevant matters, to:
(a)
the desirability of persons being able to rely on the ordinary meaning
conveyed by the text of the provision (taking into account its context in
the Act or statutory rule and the purpose or object underlying the Act
or statutory rule and, in the case of a statutory rule, the purpose or object
underlying the Act under which the rule was made), and
(b)
the need to avoid prolonging legal or other proceedings without
compensating advantage.