sch.2-sec.8Use of extrinsic material in interpretation

sch.2-sec.8 Use of extrinsic material in interpretation

In this clause— Law 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 authority of the Government Printer of South Australia; and a relevant report of a committee of the Legislative Council or House of Assembly of South Australia that was made to the Legislative Council or House of Assembly of South Australia before the provision was enacted; 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 Legislative Council or House of Assembly of South Australia by the member bringing in the Bill before the provision was enacted; and the speech made to the Legislative Council or House of Assembly of South Australia by the member in moving a motion that the Bill be read a second time; and material in the Votes and Proceedings of the Legislative Council or House of Assembly of South Australia or in any official record of debates in the Legislative Council or House of Assembly of South Australia; and a document that is declared by the Regulations 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; Rule extrinsic material means— a draft Rule determination; or a final Rule determination; or any document (however described)— relied on by the AEMC in making a draft Rule determination or final Rule determination; or adopted by the AEMC in making a draft Rule determination or final Rule determination. Subject to subclause (4), in the interpretation of a provision of this Law, consideration may be given to Law 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. Subject to subclause (4), in the interpretation of a provision of the Rules, consideration may be given to Law extrinsic material or Rule 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 Law extrinsic material or Rule extrinsic material, and in determining the weight to be given to Law extrinsic material or Rule 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 2 s 8 amd 2022 No. 21 (SA) s 89 (2) (sch.2-sec.8-ssec.1) In this clause— Law 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 authority of the Government Printer of South Australia; and a relevant report of a committee of the Legislative Council or House of Assembly of South Australia that was made to the Legislative Council or House of Assembly of South Australia before the provision was enacted; 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 Legislative Council or House of Assembly of South Australia by the member bringing in the Bill before the provision was enacted; and the speech made to the Legislative Council or House of Assembly of South Australia by the member in moving a motion that the Bill be read a second time; and material in the Votes and Proceedings of the Legislative Council or House of Assembly of South Australia or in any official record of debates in the Legislative Council or House of Assembly of South Australia; and a document that is declared by the Regulations 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; Rule extrinsic material means— a draft Rule determination; or a final Rule determination; or any document (however described)— relied on by the AEMC in making a draft Rule determination or final Rule determination; or adopted by the AEMC in making a draft Rule determination or final Rule determination. (sch.2-sec.8-ssec.2) Subject to subclause (4), in the interpretation of a provision of this Law, consideration may be given to Law 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.2-sec.8-ssec.3) Subject to subclause (4), in the interpretation of a provision of the Rules, consideration may be given to Law extrinsic material or Rule 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.2-sec.8-ssec.4) In determining whether consideration should be given to Law extrinsic material or Rule extrinsic material, and in determining the weight to be given to Law extrinsic material or Rule 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.