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Reading Legislation Find it!
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  1. Reading LegislationFind it! • Dupas v R [2010] HCA 20 • “now a criminal offence” in para [52] • FN 21: s78A Juries Act 2000 (Vic) • Go to s78 Juries Act 2000 (Vic) • Note: inserted by s7 No 38 of 2008 • Locate this: Courts Legislation Amendment (Juries & Other Matters) Act 2008 (Vic) • Check what was inserted • Check if amended since

  2. Reading Legislationgeneral read - familiarise • Quick read for overview • Cast eye over • Observe layout • Note headings • Read again • Each section carefully • Note key features • Look up unknown vocabulary

  3. Reading Legislationgeneral read – key features • Key features • who (subject) • what (verb) • when • where • Take note of conjunction words: • and • but • except • or • includes • any

  4. Reading Legislationgeneral read – qualifications • Qualifications • Definitions • Not always named • Not always in a separate section or subsection • Limitations/moderators • Examples • Peculiarities

  5. Reading Legislationdetailed read – one approach • Underline • main subject (who) • main verb (what) • Bracket • moderating parts (relative clauses, adverbs, adjectives) • limitations • Circle • Conjunctions • Mark • definitions • examples • Dictionary • if needed

  6. Reading Legislationdetailed read – mark up (1) • (1) A person who is— • (a) on a panel for a trial; or • (b) a juror in a trial— must not make an enquiry for the purpose of obtaining information about a party to the trial or any matter relevant to the trial, except in the proper exercise of his or her functions as a juror. • Penalty: 120 penalty units.

  7. Reading Legislationdetailed read – mark up (2) • (1) A person who is— • (a) on a panel for a trial; or • (b) a juror in a trial— must not make an enquiry for the purpose of obtaining information about a party to the trial oranymatter relevant to the trial, except in the proper exercise of his or her functionsas a juror. • Penalty: 120 penalty units.

  8. Reading Legislationdetailed read – summary of subsections • Subs 1: main clause • with penalty • Subs 2: when it applies • Subs 3: defines term from subs 1 • Proper exercise of function of a juror: what it is • Subs 4: defines term from subs 1 • Proper exercise of function of a juror: what it is not • Subs 5: definitional clause • inclusive • example

  9. Reading Legislationstatutory construction (1) • Text books • Cook, Creyke, Geddes, Hamer, Laying Down the Law, 7th ed., (2009) • -> Index • -> Interpretation of Legislation • -> parts of Ch 8, 10, 11

  10. Reading Legislationstatutory construction (2) • Common law • Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28 • Particularly [69[ to [71] • 69. The primary object of statutory construction is to construe the relevant provision so that it is consistent with the language and purpose of the provisions of the statute. • The meaning of the provision must be determined “by reference to the language of the instrument viewed as a whole”.

  11. Reading Legislationstatutory construction (3) • Legislation Acts Interpretation Act 1901 (Cth) • S 15AA Interpretation of Legislation Act 1984 (Vic) • s35