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Statutory Interpretation in Australia, 10th edition

Statutory Interpretation in Australia, 10th edition

Author: Dennis Pearce
Publisher: LexisNexis Australia
ISBN: 9780409354768
Published In: December 2023
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Legislation is now the primary source of law in Australia. Nearly all legal transactions require attention to be given to Acts and other legislative instruments. An understanding of how legislation is to be interpreted is, thus, an essential part of every lawyer’s skill set.

For 50 years, courts, tribunals and legal practitioners have relied upon this text as their guide to the intricacies of statutory interpretation. In his Foreword to this 10th edition of Statutory Interpretation in Australia, Chief Justice Stephen Gageler AC of the High Court of Australia, has said:

“For the whole of my professional life, judges and practitioners have turned to Statutory Interpretation in Australia as a standard work of reference. A copy of the ninth edition sits on my shelf. So will a copy of this historic edition…

The separation of powers within our system of parliamentary democracy produces an inexorable relationship between the legislative and judicial branches of government. The legislative branch makes the law. The judicial branch declares and enforces the law as so made. The legislative branch speaks with constitutional authority. The judicial branch interprets with constitutional authority. The interpretation is through the application of consistent principles which can be taken to be known to the speaker. Through its clear and systematic identification and statement of those principles for half a century, Statutory Interpretation in Australia has contributed to the stability of that relationship.”

Chapter 1 Introduction

Chapter 2 Approaches to the Interpretation of Legislation

Chapter 3 Extrinsic Aids to Interpretation

Chapter 4 Intrinsic or Grammatical Aids to Interpretation

Chapter 5 Legal Assumptions: Principle of Legality

Chapter 6 Interpretation Acts and Sections

Chapter 7 Interpretation of Repealing Acts, Amending Acts and Acts Incorporating Other Legislation

Chapter 8 Interpretation of Consolidating, Reprinted and Codifying Acts

Chapter 9 Interpretation of Remedial, Penal and Fiscal Provisions

Chapter 10 Retrospective Operation of Legislation

Chapter 11 Obligatory and Discretionary Provisions

Chapter 12 Drafting Conventions and Expressions

Emeritus Professor Dennis Pearce

Emeritus Professor Dennis Pearce AO, FAAL is a member of the ANU College of Law, Australian National University and a Special Counsel at HWL Ebsworth Lawyers. He is also the author of Statutory Interpretation in Australia, 9th ed, Interpretation Acts in Australia, 1st ed, and Delegated Legislation in Australia, 5th ed (with S Argument) and was the editor of LexisNexis looseleaf Australian Administrative Law from 1979 to 2020.