BENNION ON STATUTORY INTERPRETATION ... - Francis Bennion

BENNION ON STATUTORY INTERPRETATION
Fifth Edition Updating Notes (Version 24, 25 Mar 2010)
5. Fifth Edition Updating Notes
Introduction
Page 6 Relevant Index entry: devolution
On this see C M G Himsworth, „Devolution and its Jurisdictional Assymetries‟, 70 MLR (2007)
31-58 and his paper in the 15th report (2004) of the Select Committee on Constitution, App 1,
www.publications.parliament.uk/pa/ld200304/ldselect/ldconst/192/19204.htm.
Pages 12-13 Relevant Index entry: ‘golden rule’
In Re Secretary To the Department of Health v Kathryn June Ryan [1986] FCA 261 at [15] the
Federal Court of Australia said, referring to the first edition of this book, that the „golden rule‟
has been „somewhat battered by judicial decisions in contemporary times when principles of
public interest, legal policy, predictability and purposive construction are from time to time
mooted‟.
Pages 12-14 Relevant Index entry: Book, this:nature of
On this book as a code see Journal of the Australasian Tax Teachers Association, [2006]
JATTA 27, footnote 44.
Division One. Interpreter, Instrument and Enactment
Part I. The Interpreter
Section 1. To ‘construe’ or ‘interpret’?
Page 23 Relevant Index entry: construe, meaning of
„I shall use the words “interpretation” and “construction” interchangeably, as they are in the
Acts Interpretation Act 1901 (Cth)„: Murray Gleeson, Chief Justice of the High Court of
Australia, „The meaning of legislation: context, purpose and respect for fundamental right‟,
Melbourne, 31 July 2008, p. 4n.
Section 2. Interpreter’s duty to arrive at legal meaning
Page 25 Relevant Index entry: legal meaning:multilingual systems
As to the position in Hong Kong, where legislation is required to be in both English and
Chinese, see Legal Department note dated April 1997, www.legco.gov.hk/yr96-
97/english/panels/ajls/papers/zzz2604z.htm.
Section 3. Real doubt as to legal meaning
Page 25 Relevant Index entry: doubt as to legal meaning:must be „real‟
Use of the term „real doubt‟ was endorsed by the UK Supreme Court in Grays Timber Products
Ltd v Revenue and Customs (Scotland) [2010] UKSC 4, where Lord Walker said at [37]: „I am
left in real doubt as to whether Parliament has, in Part 7 of ITEPA 2003, enacted [a certain
scheme].
Page 25 Relevant Index entry: legal meaning
Use of the term „legal meaning‟ was endorsed by the High Court of Australia: see Project Blue
Sky v Australian Broadcasting Authority (1998) 194 CLR 355 at [78] and by the Supreme
Court of Ireland: see Maguire v DPP [2004] IESC 53. See also Lawlor v Flood [1999] IEHC 10
at para. 54.
Section 7. Types of interpreter (4) the subject
www.francisbennion.com/5th-edn
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