Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 105-10

Guides, and their role in interpreting this Act

In force
Chapter 5Interpretation
Part 5-1Rules for interpreting this Act
Division 105Rules for interpreting this Act
Subdivision 105-ARules for interpreting this Act

105-10 Guides, and their role in interpreting this Act

(1)

A Guide consists of:

(a)

sections under a heading indicating that what follows is a Guide to a particular Subdivision, Division etc.; or

(b)

a Subdivision, Division or Part that is identified as a Guide by a provision in the Subdivision, Division or Part.

(2)

*Guides form part of this Act, but they are kept separate from the operative provisions. In interpreting an operative provision, a Guide may only be considered:

(a)

in determining the purpose or object underlying the provision; or

(b)

to confirm that the provision’s meaning is the ordinary meaning conveyed by its text, taking into account its context in the Act and the purpose or object underlying the provision; or

(c)

in determining the provision’s meaning if the provision is ambiguous or obscure; or

(d)

in determining the provision’s meaning if the ordinary meaning conveyed by its text, taking into account its context in the Act and the purpose or object underlying the provision, leads to a result that is manifestly absurd or is unreasonable.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.