7.4 – Statutory Interpretation
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Interpretation Activity
Look at the following
section of the crimes act
6231/1958 (Vic).
Write down what this
section means. Rewrite
the section in a way that
is clearer yet still conveys
the same meaning.
Aggravated Burglary
http://www.austlii.edu.au/au/legis/vic/cons
ol_act/ca195882/s77.html
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Statutory Interpretation
Interpret the following words and give examples

Offensive behaviour

Indecent language

Man

In the vicinity

Weapon

Possession

Architectural design excellence
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Why do judges need to interpret
legislation?

Legislation may be about a technical or complex topic

Intention of the Legislation is unclear

It may be expressed in general terms to cover wide range of circumstances but has
to be applied to specific situations

May not have foreseen all circumstances

Meaning of words change over time

Technology changes rapidly leaving gaps (upskirting, iwatch)

Those looking for loopholes can find ways around legislation

Amendments over time makes it unclear (Crimes Act 1958)

Time pressures leads to clumsy, vague and ambiguous Acts

Mistakes while drafting – Crimes Act 1958 (Vic)S51 Sexual exploitation of mentally
impaired people requiring a witness to give evidence
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Examples


Meaning of the words may be ambiguous

Davies v. Waldron (1989) – does “starting the car” mean “attempting to drive”

Grace v. Fraser (1982) – does “driving” include not actually being behind the
wheel?
Mistakes can occur during the drafting of an act – parliamentary counsel
may make mistakes when drafting a bill

S51 of Crimes Act 1958 (Vic.)

Deals with sexual exploitation of people with impaired mental functioning – a
witness was required to support the victim’s evidence before prosecution

It is unlikely that there would be a witness to such acts, so no prosecutions
were brought

Act has since been amended – a witness is no longer required

The meaning of words can change over time – what do “man” and
“woman” mean?

The constitution gives the Commonwealth Parliament power to
legislate over “the naval and military defence of the Commonwealth
and of the several states…” S51 (vi)


This does not refer to any air force, as this was not envisaged at the time of
passing
Acts may not include new types of technology – an act referring to
records, audio tapes and CDs may or may not include DVDs
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Legislation is unclear or intent is not
clear
6
Methods used by Judges to interpret
statutes
Intrinsic sources (1st port of call)

These are contained within the legislation

Words of the Act

The long title

Preamble (intro section)

Headings
When these are read with the Act they help with making the Act clearer
http://www.legislation.vic.gov.au/
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Extrinsic sources
Examine other material not found within the Act

Found outside the Act

Hansard

Dictionaries

The Acts Interpretation Act 1901 (Cwlth)

Interpretation of Legislation Act 1948 (Vic) Committee reports

Reports from law reform bodies
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The effect of statutory interpretation
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http://www.thevine.com.au/entertainment/tv/top-10-judge-judymoments/
The Effects of Interpretation
Precedent is created

The Act and its interpretation becomes legally binding on lower courts
making judges influential law makers
(Toonen V. Australia [1994]
Words are ‘brought to life’

The actual word does not change but the meaning can. This can restrict or
extend the scope of the legislation
(Deing v. Tarola)
Parliamentary Action

Can abrogate – publicly remove a precedent made through judicial
interpretation (Grace v. Fraser)

Codify – bring together the law in a particular area in one statute
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Toonen v Australia
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Deing v Tarola
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Grace v Fraser
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Remember….

The judiciary makes laws when interpreting statutes or when expanding
previous precedents

However, when a major change is required the courts may decline to
intervene because they see radical change as the responsibility of parliament

Parliament is able to fully investigate an entire are of law, not just a single
case before the court

Parliament is better equipped to make comprehensive laws especially in
controversial areas

Judges are not elected as law makers and are not responsible to the
community for decisions they make
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Your Turn

Complete questions 1 – 4
(Page 188)
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