Week 11.1 Pre-seminar reading and questions PDF

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Download Week 11.1 Pre-seminar reading and questions PDF

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FUNDAMENTALS OF AUSTRALIAN LAW MODULE 6 WEEK 11 CLASS 1 PRE-SEMINAR READING AND QUESTIONS Reading Statutory Interpretation Chapter 7, pp 141-162, p 171. Questions (based on both the screencast and the reading) 1. According to Chapter 7, where should any exercise in statutory interpretation start? 2. What is meant by the ‘ordinary meaning’ of the words in a statute? Use the case examples discussed on pp 142- 143 to explain your answer. 3. Does finding the ordinary meaning of the words of a statute require the Court to consider breaking down the provision into individual words? Explain your answer. 4. Explain when a technical or legal meaning of a word or phrase might be applied, using the case examples discussed on pp 144-147 to illustrate your answer. 5. Explain the effect of using the current meaning of words, rather than the meaning of words at the time the statute was enacted? Illustrate your answer using an example. 6. Explain when a dictionary may be used to determine the ordinary meaning of a word. 7. Explain the approach of the Courts to interpreting a word appears several times in an Act. 8. Explain the effect of s 18A Acts Interpretation Act 1901 (Cth) and s 7 Interpretation Act 1987 (NSW). 9. What are some examples of ‘limiting words’ in a statute. Explain their effect, using the case examples discussed at pp 150-151. 10. What are hendiadys? When the Parliament uses hendiadys in legislation, how do the Courts approach their interpretation? Do you think that the use of hendiadys is a good example of plain English drafting? Why/why not? 11. Explain how the Courts interpret temporal expressions, using the case examples discussed at pp 153- 154 to illustrate your response. 12. Explain the way in which the following common words and expressions are interpreted in legislation:  Deemed  Have regard to  Used  Import  Publish 13. Explain how a court resolves an inconsistency between 2 provisions in an Act, or between 2 inconsistent Acts, using the examples discussed at pp 161-162 . 14. Are there any parts of an Act which cannot be used for interpretation purposes? In your answer refer to the relevant provisions of both the Commonwealth and NSW interpretation statutes. 15. Revise the decision of R v Bucic from Week 8. Use this case to explain how the use of the word ‘includes’ in a definition in an Act influences the interpretation of that definition....