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When ascertaining the purpose of an Act, a court is entitled to refer to materials outside of the Act itself. These are referred to as 'extrinsic' materials. Historically, the extent to which this was considered proper differed between various courts. The Interpretation Acts now give Australian courts wide power to look at extrinsic materials. For example, the Acts allow courts to refer to:
- Law Reform Commission and Royal Commission reports
- Explanatory memoranda or other documents
- Records of parliamentary debates
- A Minister's second reading speech.
A court will always consider the true value of extrinsic materials, which may themselves be ambiguous or vague. But even when they are clear, extrinsic materials cannot be used to override the clearly expressed terms of legislation.Law Reform Commission and Royal Commission reports.
Click here to see more about the available sources of extrinsic evidence .
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