sch.1-sec.8Use of extrinsic material in interpretation

sch.1-sec.8 Use of extrinsic material in interpretation

In this clause— extrinsic material means relevant material not forming part of this Law, including, for example— material that is set out in the document containing the text of this Law as printed by the Government Printer; and a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and a treaty or other international agreement that is mentioned in this Law; and an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and a document that is declared by this Law to be a relevant document for the purposes of this clause. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law. Subject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation— if the provision is ambiguous or obscure—to provide an interpretation of it; or if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision. In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— the desirability of a provision being interpreted as having its ordinary meaning; and the undesirability of prolonging proceedings without compensating advantage; and other relevant matters. (sch.1-sec.8-ssec.1) In this clause— extrinsic material means relevant material not forming part of this Law, including, for example— material that is set out in the document containing the text of this Law as printed by the Government Printer; and a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and a treaty or other international agreement that is mentioned in this Law; and an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and a document that is declared by this Law to be a relevant document for the purposes of this clause. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law. (sch.1-sec.8-ssec.2) Subject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation— if the provision is ambiguous or obscure—to provide an interpretation of it; or if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision. (sch.1-sec.8-ssec.3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— the desirability of a provision being interpreted as having its ordinary meaning; and the undesirability of prolonging proceedings without compensating advantage; and other relevant matters.