We can illustrate the purpose and object rule by setting out the Commonwealth
provision, which is in s15AA(1) of the Acts Interpretation Act 1901:
15AA Regard to be had to purpose or object of Act
(1) In the interpretation of a provision of an Act, a construction that would promote the
purpose or object underlying the Act (whether that purpose or object is expressly stated in
the Act or not) shall be preferred to a construction that would not promote that purpose or
object.
Overall, this rule directs a court to adopt an interpretation (a “construction” as
the section calls it) that promotes the original policy, that is, the “purpose or
object” underlying the Act in preference to one which would not promote it.
The aim of these rules is to enable a court to give effect to every provision of
the legislation
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according to its spirit,
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intent
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and meaning. Rules such as
these close off arguments supporting other forms of interpretation. Legislative
supremacy is enhanced by the statutory command to interpret by reference to
the purpose and object of statute enacted by the legislature.
Metademocracy
Metademocracy has several strands, which reflect a general principle. This
says that a court should interpret a statute by taking into account the defects in
representative democracy that exist both in principle and in practice. Under
this regime, the court should not interpret according to the actual intention of
the legislature, but according to the intention that the legislature would have
entertained if it had been composed and functioning in a proper democratic
way.
Using Policy
Policy, as has been explained, can be used in any of three ways. A diagram will
help to highlight these possibilities. The first column shows the meanings, while
the third column shows the effect of each meaning. They are labelled here
“Actual Effects”. This is done purely for emphasis and to contrast them with
Acts also provide that courts can have access to extrinsic material to ascertain the
policy, ie the “purpose or object” of the legislation –
see Acts Interpretation Act
1901
(Cth) s15AB, Acts Interpretation Act 1954
(Qld) s14B, Interpretation Act 1987
(NSW) s34, Interpretation of Legislation Act 1984
(Vic) s35, Interpretation Act 1984
(WA) s19, Acts Interpretation Act 1931
(Tas) s8B, Interpretation Act
(NT) s62B,
Legislation Act 2001
(ACT) s139, replacing Interpretation Act 1967
(ACT) s11B,
Interpretation Act 1979 (NI) s10C.
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In South Australia it is “each Act and every provision”.
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In Western Australia the provision refers to “true” spirit.
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In South Australia the provision refers to the “true” intent.
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