Use of extrinsic material in interpretation
14B Use of extrinsic material in interpretation
Subject to subsection (2), in the interpretation of a provision of an Act, consideration may be given to extrinsic material capable of assisting in the interpretation—
if the provision is ambiguous or obscure—to provide an interpretation of it; or
if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or
in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.
In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to—
the desirability of a provision being interpreted as having its ordinary meaning; and
the undesirability of prolonging proceedings without compensating advantage; and
other relevant matters.
In this section—extrinsic material means relevant material not forming part of the Act concerned, including, for example—
material set out in an official copy of the Act; and
a report of a royal commission, law reform commission, commission or committee of inquiry, or a similar body, that was laid before the Legislative Assembly before the provision concerned was enacted; and
a report of a committee of the Legislative Assembly that was made to the Legislative Assembly before the provision was enacted; and
a treaty or other international agreement that is mentioned in the Act; and
an explanatory note or memorandum relating to the Bill that contained the provision, or any other relevant document, that was laid before, or given to the members of, the Legislative Assembly by the member bringing in the Bill before the provision was enacted; and
the speech made to the Legislative Assembly by the member when introducing the Bill; andNote—See section 53 in relation to Bills introduced before the commencement of that section.
material in an official record of proceedings in the Legislative Assembly; and
a document that is declared by an Act to be a relevant document for the purposes of this section.
ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in the Act and to the purpose of the Act.
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