STATUTORY INTERPRETATION TEMPLATE
(1) DATE OF COMMENCEMENT
(a) Non Contentious Date
All Acts come into effect twenty-eight days after receiving Royal Assent unless the contrary
intention appears, as per section 3A (2) of the Acts Interpretation Act 1901 (AIA). This incident
occurred [INSERT NUMBER OF DAYS] after the commencement date of the Act [INSERT
COMMENCEMENT DATE OF ACT] therefore the conditions of the act are applicable to the actions of
the defendant. [STATE OTHER RELEVANT EVENT CONCURRENTLY]
(b) Contentious Dates
As per section 3A (2) of the AIA, all Acts come into effect ‘on the twenty-eighth day’ after the date
on which Royal Assent was given unless the contrary intention appears.
The actions of [INSERT NAME OF PERSON X] took place on [INSERT EXACT DATE]. Since this is not
twenty-eight days after Royal Assent was given, the only terms under which the Act if relevant is if
there is evidence of ‘contrary intention’. This is amplified by the presumption that statutes do not
operate retrospectively (Rodway v the Queen). This presumption is strong, and it only overturned if
the law indicated that it is to commence retrospectively. Contrary intention is evident, as it has been
explicitly stated that [INSERT CONTRARY INTENTION]. Therefore the actions of [PERSON X] are
susceptible to the conditions of the Act. [STATE OTHER EVENTS CONCURRENTLY]
Part A/B/C – Same process for each issue
(2) ISSUES
It has been established that the commencement date [IS NOT CONTENTIOUS OR FUNCTIONS UNDER
RETROSPECTIVE OPERATION]. For the Act to apply to [PERSON X], the following issues need to be
considered.
Issue 1: e.g. Can Person X be prosecuted under [INSERT SECTION] of [INSERT NAME OF ACT GIVEN IN
SCENARIO]?
Issue 2:
Issue 3:
(3) CONTEXTUAL APPROACH
The modern approach to statutory interpretations insists that context be considered in the first
instance (Project Blue Sky v Australian Broadcasting Authority)
(a) The word is in the definitions section
The natural and ordinary meaning of [INSERT THE WORD] must be determined. The Act defines
[INSER THE WORD] as [INSERT DEFINITION FROM THE ACT]. This is a [CLOSED/OPEN] definition.
(b) Definitions sections does not exist or word is not included in the section
Since there is a lack of available intrinsic material from which we can ascertain a definition, a
dictionary can be used in determining the natural ordinary meaning of the word, as per State
Chamber of Commerce v Commonwealth. The Collins Dictionary defines [INSERT WORD] as [INSERRT