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(a) Yes. When interpreting an Act, Australian courts are required by legislation to ascertain what objective or purpose the legislature had when enacting the legislation. They must interpret the Act to give effect to that purpose.

To find out what the legislature's purpose was, the court may look at the 'objects section' of the Act, which explains broadly why the Act was passed. The court may also take account of external or 'extrinsic' evidence of the legislature's purposes. Of particular importance are records of parliamentary debates.

To help decide the present case, click here to read a passage from the second reading speech of the relevant Minister.