Law

Interpretation Acts: Origins and Meaning

By Chad Jacobi
Thomson Reuters Australia December 2018

Specifications

ISBN-13
9780455500607
Publisher
Thomson Reuters Australia
Publication
December 2018
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

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.

Table of Contents

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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