Beruflich Dokumente
Kultur Dokumente
Clth
Acts Intepretation Act
1901
Interpretati S33
on Rules
Acts should be
intepreteated to best
achieve the Acts purpose
of object
When to
use
extrinsic
materials
Types of
Extrinsic
Materials
When to
use the
extrinsic
materials
or when to
give it
weight:
NSW
Interpretation Act
1987 No 15
S15AA
Interpretation which
PROMOTES the purpose
of the object underlying
the Act> interpretation
that DOESNT promote
the object underlying the
Act
S15AB(1)
S34(1)
Use extrinsic materials to ASSIST in determining the
meaning of the provision of the act:
- to confirm the ordinary meaning conveyed by
the act
- to determine the meaning of the provision if it
is ambiguous
- to determine the meaning of the provision if it
leads to a result that manifests absurdly or
unreasonably
S 15AB (2)
S 34(2)
- reports of Royal Commission, Law Reform
COmission
- report of the committee of Parliament
- treaty or other internaltional agreemen referred
to in the provision
- explanatory note or memorandum relating to
the Bill
- First Speech, Second Speeches
S15AB(3)
S 34(3)
- the need to prolong legal or other proceedings
without compensating advantage
- the desirability of persons being able to rely on
the ordinary meaning conveyed by the text
Surge in legislative activity over the past 30 years, reaching into areas that
once were occupied exclusively by lawyers' law (common law)
o Increased need for judges to apply Acts of Parliament rather than
judge-made principles of common law
Historically, parliament was not a law reform agency which constantly
changed the rules affecting the rights and obligations of citizens.
o It was not concerned with constantly changing the common law
due to the belief that law was declared and not freshly made
o Alteration of laws, customs, rights & privileges of people was
regarded as subversive of good order
o After WWII, popularity of socialism and collective ideals led to an
increase in legislation & regulation of personal and economic
activities
Making new law in all areas (civil & criminal) is a central part of the work of
modern parliamentarians. Consequently, applying legislation is now the
largest part of the work of modern judges
o Only very small part of Australian law is codified so therefore
application of legislation also involves consideration of how it draws
upon and interacts with the common law e.g. precedent, doctrines
o Statute may also require judges to make policy choices on a wide
range of matters
Acts of parliament also require interpretation
o Meaning not always self-evident
o Volume and complexity of legislation produces inconsistency and
uncertainty
o Therefore, statutory interpretation is of central important to the daily
work of all judges
o Discovering, expounding and applying the intention & meaning of
legislation is controlled by legal principles.
About statutory interpretation:
o Starting point must be the test itself. The primacy of the test is the
first principle of interpretation (Lord Steyn)
o Language used by Parliament is the medium through which it
expresses its authority, meaning and directs the exercise of judicial
power
o Must not give literal meaning to each word but rather consider all
relevant contextual material in order to decide what meanings the
statute might hold and what is the best interpretation of it
o Judges must discover the will of Parliament - it is illegitimate to
impose the will of the judge (Judicial Activism)
o Controlled by general interpretation acts or specific interpretation
provisions in a particular statute
Outlines meaning/effect of certain common words
General rules to be applied in finding meaning of statutes
o
o
o
Introduction
Courts may draw on a range of sources when deciding questions of
common law, statutory interpretation and constitutional interpretation
o Primary sources: statutes, constitutional texts, earlier cases
o Secondary sources and materials can give meaning to those texts
and provide context on policy considerations and values
o
o
o
The Facts
Carr was interviewed in the interview room.
o He declined to answer anymore questions without a lawyer
present
Taken into the "lock up room" to be processed
o Was recorded (without Carr's knowledge) whereby Carr
boasted about committing the crime in conversation
Arrested and charged
o The Decisions of the Courts
"to prohibit, subject to the exceptions"
The Court of appeal held that the word interview was to be
construed broadly
o Was not confined to a formal interrogation
The High Court helf that any conversation between a member of
the police force and a suspect,
o Including an informal conversation such as had occurred
between Mr Carr and the police in the lockup room
o Lack of consent by Mr Carr to the videotaping of his
admissions was no bar to their admissibility
o The Applicable Statutory Provisions
o The Criminal Code 570D(2)
On the trial of an accused person for a serious offences, evidence
of any admission by the accused person shall not be admissible
unless (a) the evidence is a video take on which is a recording of
the admission
o Admission - an admission made by a suspect to a member
of the Police Force
o Serious Offence - indictable offence
o Videotape - any videotape on which is recorded an
interview
o Interview - not defined
The conversation with the police was not in the form of an
interview
o His objection to admissibility of the incriminating evidence
of his admission, secretly recorded, had to be upheld and
the evidence excluded
o Text, Context and Purpose in Carr
o The Text
The meaning of the word interview
o Dictionary definitions - a requirement of an element of
formality
o Textual analysis is in favour of Carr
o The Context
1. The meaning of the requirement that the videotape should be in
the form of an interview
1. Statutes of other jurisdictions
1. Tasmania - official questioning