Micro Analysis: Definitions
Introduction
To read a statute it is necessary to read and understand definitions in the
statute. Frequently there is a special section (or there are several sections) just
containing definitions near the beginning or end of the Act. On some
occasions, though,
a definition, especially if it is needed in a specific part of
the statute, will be placed near the commencement of that part, or in the
specific section where it is needed.
Good drafting will usually ensure that words are used consistently throughout
an Act so that definitions can apply to every use in the Act of the words they
define. Nevertheless, mistakes or oversights occur, and for this reason it is a
common practice to qualify the application of definitions. This is done by
introducing them with a phrase such as “In this Act, unless the contrary
intention appears,” or “In this Act unless inconsistent with the context or
subject matter”.
756
It should be added that even without express indications of
this intention courts would probably give definitions this qualified application
anyway. The effect of this qualification is that definitions do not automatically
apply throughout an Act but may be inapplicable if the text, context or subject
of the Act indicates that in part of the Act the definition is not appropriate or
intended.
757
Since definitions in an Act apply to the whole Act they apply to other
definitions.
758
Indeed it is common to find a term used in one definition and
defined in another.
Where a word or phrase is given a particular meaning in a definition then other
parts of speech and grammatical forms of that word or phrase (that is,
derivatives or associates) have corresponding meanings.
759
To illustrate, if an
756
In New South Wales this is put on a general statutory footing by s6 of the
Interpretation Act 1987
which provides: “Definitions that occur in an Act or
instrument apply to the construction of the Act or instrument except in so far as
the context or subject-matter otherwise indicates or requires”.
757
Re Fourth South Melbourne Building Society
(1883) 9
VLR (E9) 54, Buretsi v
Beveridge 91998) 158 ALR 445, 447
758
There is provision to this effect in s6 of the Interpretation Act 1984 (WA)
although the logic is so plain that the provision is not necessary.
759
Genders v Ajax Insurance Co
(1950) 81 CLR 470. It
must, however, be clear
that the expression truly is a derivative or associate of the term defined –
see
Transport Accident Commissioner v Treloar [1992] 1 VR 447, 464, Jankovic v Minister for
Immigration (1994) 35 ALD 261, 265. This principle is specifically stated in most of
the Australian Interpretation Acts -
Acts Interpretation Act 1901
(Cth) s18A,
Interpretation Act 1987 (NSW) s7, Interpretation of Legislation 1984
(Vic) s39, Acts
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