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Interpretation Acts Origins and Meaning

Interpretation Acts Origins and Meaning

By Chad Jacobi

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.

 

Interpretation Practice & Procedure 

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  • Full description

    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.

  • About the author
  • Product details

    ISBN: 9780455500607

    Published: 2018

    Format: Hardcover

  • 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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