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Interpretation Acts: Origins and Meaning

Interpretation Acts: Origins and Meaning

Interpretation Acts: Origins and Meaning

Author: Chad Jacobi
Publisher: Thomson Reuters Australia
ISBN: 9780455500607
Published In: December 2018
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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Barrister Chad Jacobi has created a unique and practical reference work in Interpretation Acts: Origins and Meaning. It is based on the premise that the Interpretation Acts, which are key tools to reading legislation in the various Australian jurisdictions, themselves need to be read as statutes, the meanings of which must be ascertained.

Lawyers are often confronted with the – sometimes urgent – need to understand these provisions in the context of litigation, particularly in areas highly affected by statutory interpretation, like public law as well as criminal law, succession law, industrial law and tax.

This text helps practitioners grasp the “how, what and why” of these provisions by looking to their origins: how they have come about, what has changed and what the authoritative decisions on their meaning are today. It is the first publication of its kind in Australia, presenting history that is not merely interesting on its own terms, but is important in the very practical context of law in operation. It is a must for every law library, private and public.

Brief history of Interpretation Acts

Preliminary

Binding the Crown

Acts deemed to be Public Acts

Definitions

“Persons” and “Corporations”

“Month”

“Oaths”

“Land”

“County”

Statutes

Commencement and evidence of assent

Citation and reference

Revival

Amendment and repeal in the same session

General rules

Effect of repeal

Material parts of an Act

Within Power

Remedial reading

Gender and Number

Prescribed forms

An Act is “Always Speaking”

Confirming an interpretation

Substitution

“May” and “Shall”

Double jeopardy

Penalties

Distance and Time

Distance

Time

Acting with “all convenient speed”

Powers, functions and duties

From time to time

Power to appoint and re-appoint

Purported acts and ‘de facto’ officers

Delegation

Instruments

Same meaning

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