First Principles of Business Law

Quiz: The sources of law - legislation

Question 6

 

 

 

Which one of the following statements does NOT correctly state the way in which Australian courts approach interpretation of legislation questions? 

(a)  When ascertaining what legislation means, a court is generally required to give the words in the legislation their ordinary, literal meaning, as defined in a good dictionary.

(b)  In addition to giving words their ordinary, literal meaning, and any specially defined meanings, a court must also take account of what purpose the legislature had in mind when the legislation was enacted.

(c)   If a court is unhappy with the result of giving the words in legislation their ordinary, literal meaning, or their specially defined meanings, the court can apply the ‘golden’ rule and choose a different meaning.

(d)   A court may properly decide not to give a word in legislation its ordinary, literal meaning if it the word is specially defined in the legislation; or if the court decides that that the legislature intended some specialised, technical or historical meaning. 

 

 

 

 

 

 

 

 

 

 
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