Interpretation of Statute

RUNNING HEAD: INTERPRETATION OF STATUTE
INTERPRETATION OF STATUTE
Name of the Student
Name of the University
Author’s Note

INTERPRETATION OF STATUTE1
Issue:
The issue that has to be decided in the present assignment is whether the accused Madge,
KK Ltd and Julian have committed breach of section 4 of the Good Food Act 2017 (Cth).
Relevant law:
Interpretation of Statute refers to the method used by the courts to interpret any statute
that has been enacted in order to analyze its aim, provisions and application in respective
circumstances. The process of interpretation of any legislation by applying the said Act is very
complex and has to be done effectively. Legislation is a tool of communication and its
interpretation does not involve common sense. There are various methods that are followed to
interpret any statute that are as follows:
 Literal rule: this particular rule states that interpretation must be done by
extracting the meaning of the language in the statute directly1. Here the judicial
system has to interpret the words without going into its detail.
 Golden rule: this rule provides that there must be no ambiguity and the literal
meaning of the Act must be extracted2. As per the rule, the interpretation of the
Act must be according to the literal meaning of the legislation unless ambiguity is
present in the literature of the statute.
 Mischief rule: this rule is used mostly in the courts of England where the
ambiguous words if any are present in the Act are followed to find out the defect
1 Harris, Andrew, and Andrew Walker. "Interpretation of ‘Unnatural Death’in Coronial Law: A Review of the
English Legal Process of Decision Making, Statutory Interpretation, and Case Law: The Implications for Medical
Cases and Coronial Consistency." Medical law review 27.1 (2018): 1-31.
2 Anenson, T. Leigh. "Statutory Interpretation, Judicial Discretion, and Equitable Defenses." U. Pitt. L. Rev. 79
(2017): 1.

INTERPRETATION OF STATUTE2
in the current law and also suggest the remedy to extract the meaning of the
legislation to serve its main aim3. It is however the duty of the Judicial system to
find out the loopholes, if any present in the legislation and also to provide
appropriate remedy to nullify such loopholes.
 Purpose rule: if there is any ambiguity found out in the literal approach of the
statute, this rule is used to bring out the aim of the statute for interpreting it as a
whole.
When a statute is to be interpreted, the judge has the main duty to determine the
reason behind its enactment and also to find out whether its purpose is being clearly
mentioned in the Act4. In Australia, Acts Interpretation Act5 enumerates the
provisions needed to interpret any statute or Act. As per section 15 AA of the said
Act, to interpret any Act, the interpretation that will be achieving the object of the Act
in the best possible way must be preferred over other interpretations6.
Further, section 15 AB7 of the said Act states that while interpreting any provision of any
Act, if any of the materials not becoming its segment has the capability to assist in ascertaining
the actual meaning of that provision, importance must be given to that particular material in
order to confirm that the meaning of the provision is the one in the ordinary way or to find out
the meaning when the provision is dull of ambiguity or the ordinary meaning leads to an absurd
result. Further without limiting the scope of subsection 1 of section 15AB, any relevant report
given by the Parliament committee or of either of the House of the Parliament made to the
3 Duffy, James, and John O'Brien. "When interpretation acts require interpretation: Purposive statutory interpretation
and criminal liability in Queensland." UNSWLJ 40 (2017): 952.
4 Dharmananda, Jacinta, and Patricia Lane. "Teaching Statutory Interpretation in Australia: What’s Next?." Statute
Law Review 39.1 (2016): 27-45.
5 Acts Interpretation Act 1901.
6 Acts Interpretation Act 1901, s. 15AA.
7 Acts Interpretation Act 1901, s. 15AB.