Using Parliamentary Materials in Interpretation: Insights from Parliamentary Process

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Abstract

It is orthodoxy in Australia that when interpreting statutory text, attention turns to the words ‘in context’. This context is taken to include extrinsic context, including extrinsic materials. Parliamentary materials represent a significant category of such extrinsic matter. These are materials produced as part of the
enactment of the statute in Parliament, such as second reading speeches, explanatory memoranda, and committee reports. But although readers of statutes regularly refer to parliamentary materials and attribute weight to them for the interpretative task, most readers know little about them. This article examines parliamentary materials for federal legislation. The aim of this
examination is to highlight factors that may be considered when assessing such materials as interpretative aids. The article reflects preliminary research done as part of a wider research project on the relationship between the legislative process and statutory interpretation.
Original languageEnglish
Pages (from-to)4-39
Number of pages36
JournalThe University of New South Wales Law Journal
Volume41
Issue number1
Publication statusPublished - 2018

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abstract = "It is orthodoxy in Australia that when interpreting statutory text, attention turns to the words ‘in context’. This context is taken to include extrinsic context, including extrinsic materials. Parliamentary materials represent a significant category of such extrinsic matter. These are materials produced as part of theenactment of the statute in Parliament, such as second reading speeches, explanatory memoranda, and committee reports. But although readers of statutes regularly refer to parliamentary materials and attribute weight to them for the interpretative task, most readers know little about them. This article examines parliamentary materials for federal legislation. The aim of thisexamination is to highlight factors that may be considered when assessing such materials as interpretative aids. The article reflects preliminary research done as part of a wider research project on the relationship between the legislative process and statutory interpretation.",
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N2 - It is orthodoxy in Australia that when interpreting statutory text, attention turns to the words ‘in context’. This context is taken to include extrinsic context, including extrinsic materials. Parliamentary materials represent a significant category of such extrinsic matter. These are materials produced as part of theenactment of the statute in Parliament, such as second reading speeches, explanatory memoranda, and committee reports. But although readers of statutes regularly refer to parliamentary materials and attribute weight to them for the interpretative task, most readers know little about them. This article examines parliamentary materials for federal legislation. The aim of thisexamination is to highlight factors that may be considered when assessing such materials as interpretative aids. The article reflects preliminary research done as part of a wider research project on the relationship between the legislative process and statutory interpretation.

AB - It is orthodoxy in Australia that when interpreting statutory text, attention turns to the words ‘in context’. This context is taken to include extrinsic context, including extrinsic materials. Parliamentary materials represent a significant category of such extrinsic matter. These are materials produced as part of theenactment of the statute in Parliament, such as second reading speeches, explanatory memoranda, and committee reports. But although readers of statutes regularly refer to parliamentary materials and attribute weight to them for the interpretative task, most readers know little about them. This article examines parliamentary materials for federal legislation. The aim of thisexamination is to highlight factors that may be considered when assessing such materials as interpretative aids. The article reflects preliminary research done as part of a wider research project on the relationship between the legislative process and statutory interpretation.

KW - Legislation

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JO - The University of New South Wales Law Journal

JF - The University of New South Wales Law Journal

SN - 0313-0096

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