Statutory Interpretation - The University of Sydney法定解释-悉尼大学.ppt

Extrinsic materials Second Reading Speech (Not the rest of the debate, or any other material in Hansard, just the Second Reading Speech – all the views of every member of Parliament are not relevant to what Parliament eventually decides to enact.) Law Reform Commission reports Reports by Royal Commissions Avel Pty Ltd v Attorney-General for NSW (1987) 11 NSWLR 126 Kirby P at 127 “The legislation relevant to the present appeal…does nothing to add to the coherency of this body of law. It is a jumble of ill-matched and poorly integrated enactments. If there is now to be found a common thread through it all, it would seem to be nothing more than revenue raising. The conclusion suggests that the only safe approach to the construction of the web of applicable legislation is an attention to the literal words of the legislation. A ‘purposive’ approach founders in the shallows of a multitude of obscure, uncertain and even apparently conflicting purposes.” Extrinsic materials under statute CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 at408 per Brennan CJ, Dawson, Toohey and Gummow JJ: “It is well settled that at common law, apart from any reliance on s15AB of the Acts Interpretation Act 1901 (Cth), the court may have regard to reports of law reform bodies to ascertain the mischief which a statute is intended to cure.” s15AB – extrinsic materials ???????????? (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 a