The Role of Parliament in Law Making

The Role of Parliament in Law Making
• Explain the difference between the literal approach and the purposive approach to statutory interpretation.
• Explain the significance of s15AA of the Acts Interpretation Act 1901 (Cth) which is reproduced below.
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.

• What is the difference between intrinsic and extrinsic aids to the interpretation of statutes? Explain the significance of s 15AB of the Acts Interpretation Act 1901 (Cth) which is reproduced below.
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.

• Where can you find those materials identified in s 15AB (2) (e) and (f) above in hard copy form and electronically? Cite correctly in hard copy form and electronically in accordance with the Australian Guide to Legal Citation, 3rd ed. (2010). [ie You are asked to locate in hard copy form and electronically the source of explanatory memoranda (EXMOS or EMs) and second reading speeches. NOT the EXMO and second reading speech for sections 15AA and 15AB of the Acts Interpretation Act 1901 (Cth)].
Topic 9 – Comparative Law
• John Locke’s espoused the concept of a social contract to describe the relationship of citizen to state. What is meant by that concept? What is meant by the rule of law and what is its importance to the relationship between the citizen and the state?
[ie. You should examine John Locke’s concept of a social contract and then examine what is meant by the ‘rule of law’ and its importance to the relationship between citizen and state]
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