When construing delegated legislation, courts will give less weight to minor textual variations than they would in primary legislation, because regulations are less carefully drafted and less keenly scrutinised. Where a regulation is capable of two constructions, one within and one beyond the regulation-making power, the construction within power is to be preferred. The question whether the proportionality test from South Australia v Tanner applies to all regulation-making powers, or only to purposive powers, was left open.
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