BENNION ON STATUTORY INTERPRETATION ... - Francis Bennion

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BENNION ON STATUTORY INTERPRETATION Fifth Edition Updating Notes (Version 24, 25 Mar 2010) See the decision of the Federal Court of Australia in Smith v Zinifex Australia Limited [2008] FCA 532. See also Code p. 242 n. 8. Code s 233 was applied by Lord Scott of Foscote in Scottish & Newcastle plc v Raguz [2008] UKHL 65, [2009] 1 All ER 763, at [28]. Section 234. Use of later Acts in pari materia Pages 708-710 Relevant Index entry: in pari materia, Acts Code s 234 was followed by Peter Gibson LJ in Ward v Chief Adjudication Officer [1998] EWCA Civ 1552. See also Halcyon Films LLP v Revenue & Customs [2008] UKSPC SPC00696 at para. 83. Page 709 Relevant Index entry: mistake of law:Parliament, by On the passage „except when legislating, Parliament has no power authoritatively to interpret the law‟ see Hawkesbury City Council & v Sammut [2002] NSWCA 18 at [71]. The passage „the view taken by Parliament as to the legal meaning of a doubtful enactment may be treated as of persuasive, though not binding, authority‟ was adopted by the Federal Court of Australia in Re Michael Franciscus Kalwy v the Secretary of the Department of Social Security [1992] FCA 489; (1992) 16 Aar 403 (1992) 38 FCR 295 (1992) 29 ALD 28, at [23]. Section 235. Use of judicial decisions on Act Page 710 Relevant Index entry: sub-rules Code s. 235 was applied in F. v Minister for Health and Children [2008] IESC 16. Page 711 Relevant Index entry: tacit legislation On this discussion of tacit legislation see the Hong Kong case of Kao Lee & Yip (a firm) v Lau Wing & Anor [2008] HKCU 1667 at [35], [36], http://law.lexisnexis.com/webcenters/hk/Daily-Cases/Kao-Lee--Yip-a-firm-v-Lau-Wing--Anor Part XV. The Functional Construction Rule Section 238. Statement of the rule Page 716 Relevant Index entry: functional construction: delegated legislation and The Department of Environment, Food and Rural Affairs takes the view that headings are a part of a statutory instrument and are a legitimate aid to its interpretation, see Joint Committee on Statutory Instruments Sixth Report, 10 December 2007, . www.publications.parliament.uk/pa/jt200708/jtselect/jtstatin/35/3502.htm Section 242. The proviso Page 723 Relevant Index entry: tacit legislation:proviso, nature of The wording of Code s 242 was approved by Laffoy J in Comptroller and Auditor General v Ireland [1997] 1 IR 248. Section 245. The long title Page 727 Relevant Index entry: long title:interpretative use of See David Dodd, Statutory Interpretation in Ireland (Tottel, 2008) p. 46. www.francisbennion.com/5th-edn 44
BENNION ON STATUTORY INTERPRETATION Fifth Edition Updating Notes (Version 24, 25 Mar 2010) Section 247. The purpose clause 734 Page 734-735 Relevant Index entry: purpose clause: nature of „The 2008 edition of the renowned Bennion on Statutory Interpretation tells us that a purpose clause is “An express statement of the legislative intention”. It goes on to say: “It may apply to the whole or part of an Act” - Lord Skelmersdale, HL Deb 17 Jun 2008, col 921. Section 250. Examples Pages 739-741 Relevant Index entry: examples:primary legislation in The Criminal Justice Act 2003 s 44 (6) says „The following are examples of cases where there may be evidence of a real and present danger that jury tampering would take place . . .‟ On the examples then given see R v T and others [2009] EWCA Crim 1035, [2009] 3 All ER 1002, at [18]. Section 255. Heading Page 745 Relevant Index entry: heading:interpretation by reference to Code s 255 was applied in ETI Euro Telecom International NV v Republic of Bolivia & Anor [2008] EWCA Civ 880 at [70]. Page 746 Relevant Index entry: heading:interpretation by reference to The following sentence was applied by the Federal Court of Australia in Grundfos Pumps Pty Ltd v Collector of Customs [1997] FCA 234: „Any heading can only be an approximation, and may not cover all the detailed matters falling within the provision to which it is attached.‟ Section 256. Section name (sidenote, heading or title) Page 747 Relevant Index entry: Section name (sidenote, heading or title): interpretation by reference to Code s 256 was followed by Simon Brown LJ in R (on the application of Perry & Anor v Secretary Of State For Social Security & Anor [1998] EWCA Civ 1117. See also Re Application by the Local Government Auditor [2003] NIQB 21 at [16]. Section 257. Format Page 749 Relevant Index entry: Act of Parliament:format [New entry, not in fifth edition] Code s 257 was applied by the Federal Court of Australia in Re Australian Securities Commission v Neil Lucas [1992] FCA 234; (1992) 7 Ascr 676 (1992) 108 ALR 521 (1992) 36 FCR 165 (1992) 27 ALD 67, at [18]. Section 258. Punctuation Page 751 Relevant Index entry: punctuation:interpretation by reference to The first sentence of the Comment was cited by the Supreme Court of the Australian Capital Territory in Director of Public Prosecutions v Eastman and Ors [2002] ACTSC 35 at [41] and by the Court of Appeal of New Zealand in Official Bay Heritage Protection Society Incorporated v Auckland City Council and another [2007] NZCA 511 at [33]. Section 259. Nature of incorporation by reference www.francisbennion.com/5th-edn 45
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