Reading a definition in this way is based on an application of the maxim
reddendo singula singulis
which means that in one list of items each item is
equated with the corresponding item in the other list. Whether this maxim can
be invoked depends on the context including the actual content of the
definition.
An illustration of this is s3(5) of the Administrative Decisions (Judicial
Review) Act 1977 (Cth). It says: “A reference in this Act to conduct engaged
in for the purpose of making a decision includes a reference to the doing of
any act or thing preparatory to the making of the decision, including the taking
of evidence or the holding of an inquiry or investigation”. The term defined
here is “conduct engaged in for the purpose of making a decision”. It is
defined to include “the doing of any act or thing preparatory to the making of
the decision, including the taking of evidence or the holding of an inquiry or an
investigation”.
The sense of the definition is such that there are two terms defined. First,
“conduct engaged in” includes “the doing of any act or thing … including the
taking of evidence or the holding of an inquiry or investigation”.
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Second,
“for the purpose of” includes being “preparatory to”. (We ignore “making a
decision” because it is for practical purposes repeated in the definition in the
phrase “the making of the decision”. As explained above, where a provision in
the term defined is repeated in the definition the definition is not defining that
provision.)
It was said above that with a limited degree of confidence we can treat the
definition as a definition of the components. Our confidence is limited because
it is only the sense of the definition or the obvious meaning of the terms which
allow us to equate the parts. The statute itself is defining the composite term.
Illustration
Introduction
To illustrate reading a statute let us see how one might analyse s13 of the
Administrative Decisions (Judicial Review) Act 1977 (Cth) (for convenience
called the Judicial Review Act). We set out this analysis in narrative form so
we are also illustrating how to write a legal text which explains these
provisions. This analysis shows how to work the provisions of s13 into
useable form. Section 13 has to be read alongside several other provisions -
s5, s13A and s14 - which are referred to in the analysis.
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Indeed we could further divide “conduct engaged in” into “conduct” and
“engaged in”. Engaging in is equated with “doing,” “taking” and “holding”.
Conduct is equated with “any act or thing,” “evidence” and inquiry.
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