Other presumptions

 

It is presumed that legislation does not bind the Crown. However, this presumption is frequently displaced by express provisions, such as s 9 of the Transport Accident Act 1986 (Vic).

Legislation is presumed to be consistent with the constitution under which the enacting legislature is established. This is because a constitution is a special type of Act containing foundational laws which ordinary laws should not contradict. Any person who wishes to assert the contrary has the onus of proving the unconstitutionality.

Penal provisions are construed strictly. This means that the interpretation is to favour the accused person. This presumption is used cautiously and as a 'last resort'. It only comes into play after other presumptions and rules of construction have been considered and applied. It will often confirm conclusions reached using other approaches, rather than yield a result on its own.