Complex wording in legislation

[andy456]

When the meaning of an Act is not overly obvious the Act is often challenged right??
Does that case go to the High Court of Australia?? cough STATUTORY INTERPRETATION cough
Because my stupid book says ' the exact intention of parliament must be later determined by a judge or magistrate

Anybody remember Unit 3??
Thanks

[Spreadbury]

all courts participate in statutory interpretation, that's how the law is applied in each and every case, often with reference to a precedent. and when the meaning is unclear the act is interpreted, not challenged- though I suppose it could be challenged, though if it were to be challenged the most the courts could do is declare the law ultra vires (out of the parliament's jurisdiction).

the high court's original jurisdiction doesn't cover all matters arising from statutory interpretation, mainly matters relating to international affairs or interstate affairs, constitutional interpretation and, if commonwealth parliament so wishes, legislation created by the commonwealth parliament.

to answer your question more specifically: probably wouldn't be resolved by the high court unless it involves an infringement of constitutional rights.

[andy456]

Ahhh its starting to come back to me now....
Thanks

I was thinking of Trigwell and got my powers mixed with my laws

Damn having to memorise everything

[andy456]

So what about if Commonwealth makes law about modes of public transport, I dunno maybe implementing national underwater pods, whatever.
If the states challenge the Act. as public transport is a residual power that would go to the high court....

Like Trigwell??

[Duck]

So what about if Commonwealth makes law about modes of public transport, I dunno maybe implementing national underwater pods, whatever.
If the states challenge the Act. as public transport is a residual power that would go to the high court....

Like Trigwell??

Not sure what Trigwell is but assuming it's a high court division of powers ruling (we're doing the Franklin River case) then yes.

[andy456]

So what about if Commonwealth makes law about modes of public transport, I dunno maybe implementing national underwater pods, whatever.
If the states challenge the Act. as public transport is a residual power that would go to the high court....

Like Trigwell??

Not sure what Trigwell is but assuming it's a high court division of powers ruling (we're doing the Franklin River case) then yes.

Damn!!!!!!!!!!!!! Thats the one I meant....
Its a bad sign when Im getting all my cases mixed up isnt it..

Trigwell is the relationship between courts and parl. when making law if your wondering