Lecture 1 BFA601 Semester 1 2018.pptx

The third reading involves vigorous debate and

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The third reading involves vigorous debate and possible amendment, after which there is a vote. The bill passes to the upper house for the same process. Ultimately the Crown must approve the bill before it becomes law. The new Act is gazetted and information is disseminated on the new law STATUTE OR LEGISLATIVE LAW Reading the bill STATUTE OR LEGISLATIVE LAW Reading the bill
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An Act is only made up of words Words can have several meanings, particularly when combined Words may be ambiguous New situations arise which only legislation must regulate STATUTE OR LEGISLATIVE LAW Statutory interpretation ) STATUTE OR LEGISLATIVE LAW Statutory interpretation )
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Literal rule: words in a statute are interpreted with their literal meaning, though this may lead to an inappropriate outcomes if a strict literal interpretation was applied Golden rule: if the literal rule leads to an unfair result, then common sense interpretation may be applied STATUTE OR LEGISLATIVE LAW Rules of interpretation STATUTE OR LEGISLATIVE LAW Rules of interpretation
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Mischief rule: what is the mischief that is to be regulated, the law is therefore interpreted according to that purpose Purposive approach: what was the purpose of the Act, the legislation will be interpreted in an effort to apply the purpose of the legislation in a matter presented to the court Note the Acts Interpretation Act s 15AB encourages courts to apply the purpose of the legislation STATUTE OR LEGISLATIVE LAW Rules of interpretation cont. STATUTE OR LEGISLATIVE LAW Rules of interpretation cont.
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The Acts Interpretation Act interprets various words found in statute Consider the word ‘person’, how is this word interpreted? Courts will look for the purpose of the Act, sometimes this will be stated within the Act itself The legislation itself may have a dictionary section Other aids may be contained within the legislation, eg margin notes, explanatory notes, explanatory memorandum and even examples STATUTE OR LEGISLATIVE LAW Statutory intervention STATUTE OR LEGISLATIVE LAW Statutory intervention
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Delegated bodies are councils, executory bodies, statutory corporations, eg the tax office sets regulations. Delegated legislation is the giving of permission to a body to make rules and regulations within a particular, restricted, area Delegated legislation is published and scrutinised by a parliamentary committee It is possible to appeal against a rule created by a delegated body STATUTE OR LEGISLATIVE LAW Delegated legislation STATUTE OR LEGISLATIVE LAW Delegated legislation
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We have 2 Governments State and Federal We have two Court Systems State and federal State Court look after State made law Federal Governments look after Federal made law Courts in Australia State and Federal Court Courts in Australia State and Federal Court
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The hierarchy of courts refers to the level of importance of different courts.
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