QLD Acts Interpretation Act
15D(A) - ANS-Automatic commencement of postponed law = postponed law is that part
of act which is subject to commencement by date of proclamation. Part or entire act.
15D(A)(2) - ANS-if postponed law not commenced within 1 year, it automatically
commenced on the next day if governing council has not expressed/published a date of
proclamation within 1 yr of the date of royal assent - so 1 yr & 1 day after royal assent
15D(A)(3) - ANS-withing 12 months, a regulation written by relevant responsible
minister & department can be put through to extend this period until no more than 2
years. After 2 years no date of proclamation, automatically commences
Position in cmth is quite different - no equivalent section in act - position in cmth is that if
subject to commencement by date of proc., & no date expressed, that part/all of statute
never commences - Big difference. Or might be on 3,4,5 years time.
In qld periods of automatic commencement but none in cmth
S 14A - ANS-Interpretation best achieving the Act's purpose (similar to s15A in Cmth) -
not just all about purpose & nothing else, still have to go through text & context
S 14A(3) - ANS-(Remember the Queensland position under s 14A(3) was introduced in
qld bc there was an issue being considered at the time about raising money for rural fire
brigades - a levy - concern it was though to be a tax - this was introduced bc of that.
Arg that bc of this, those rules of interpretation - canons of construction like the class
rule etc DO NOT APPLY IN QUEENLAND bc of S14A(3)
S 14A(3) has never been considered by a court?
If rules of interpretation do not apply in qld, what is the position here? If would lend itself
to the class rule (but can't) you firstly mention this arg that it doesn't apply under S
14A(3), then you would interpret the general words in view of the specific rule but do not
necessary apply the rule - but essentially do the same thing - so likely to come to the
same conclusion - by general interpretation
class rule = 2 or more specific words followed by general words. Does issue fall within
general word/s?
specific then the general applies in Qld no doubt
S 14B - ANS-Use of extrinsic material (this contemplates that already gone through text,
context purpose - not all about purpose - backs up view)
15D(A) - ANS-Automatic commencement of postponed law = postponed law is that part
of act which is subject to commencement by date of proclamation. Part or entire act.
15D(A)(2) - ANS-if postponed law not commenced within 1 year, it automatically
commenced on the next day if governing council has not expressed/published a date of
proclamation within 1 yr of the date of royal assent - so 1 yr & 1 day after royal assent
15D(A)(3) - ANS-withing 12 months, a regulation written by relevant responsible
minister & department can be put through to extend this period until no more than 2
years. After 2 years no date of proclamation, automatically commences
Position in cmth is quite different - no equivalent section in act - position in cmth is that if
subject to commencement by date of proc., & no date expressed, that part/all of statute
never commences - Big difference. Or might be on 3,4,5 years time.
In qld periods of automatic commencement but none in cmth
S 14A - ANS-Interpretation best achieving the Act's purpose (similar to s15A in Cmth) -
not just all about purpose & nothing else, still have to go through text & context
S 14A(3) - ANS-(Remember the Queensland position under s 14A(3) was introduced in
qld bc there was an issue being considered at the time about raising money for rural fire
brigades - a levy - concern it was though to be a tax - this was introduced bc of that.
Arg that bc of this, those rules of interpretation - canons of construction like the class
rule etc DO NOT APPLY IN QUEENLAND bc of S14A(3)
S 14A(3) has never been considered by a court?
If rules of interpretation do not apply in qld, what is the position here? If would lend itself
to the class rule (but can't) you firstly mention this arg that it doesn't apply under S
14A(3), then you would interpret the general words in view of the specific rule but do not
necessary apply the rule - but essentially do the same thing - so likely to come to the
same conclusion - by general interpretation
class rule = 2 or more specific words followed by general words. Does issue fall within
general word/s?
specific then the general applies in Qld no doubt
S 14B - ANS-Use of extrinsic material (this contemplates that already gone through text,
context purpose - not all about purpose - backs up view)
