Approach to Statutory Interpretation - Law Assignment Help

Assignment Task :

Purpose Rule / Purposive Approach
An approach to statutory interpretation which prefers a construction that would promote the purpose or object underlying a statute to a construction that would not promote that purpose or object. When applying the purpose approach, the purpose is to be determined by looking at the statute as a whole and at extreinsic materrials such as reports of parliamentary debates, and of law reform commissions and international agreements. The purpose approach is given legislative force in all jurisdictions; for example Acts Interpretation Act 1901 (Cth) s15AA. At common law, it was generally accepted that the purpose approach should only be resorted to if there was an ambiguity or doubt as to meaning: for example, Miller v Commonwealth (1904) 1 CLR 668. However the Act require that the purpose be taken into account not only when the statute on its face is ambiguous and offers more than one construction, but also in determining whether more than one construction is open; Mills v Meeking (1990) 169 CLR 214; 91 ALR 16. 6

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