Constructional choice is a hot topic, and one that is truly at the epicentre of interpretation these days12. Choice between possible meanings of a provision is driven by the ‘unqualified statutory instruction’ in s 15AA of the Acts Interpretation Act 1901.
Articulation of the principles was undertaken initially by French CJ13. More recently, Gageler J has been the chief developer and explainer in cases like SZTAL14 and Esso Australia15. It is the majority in Sharpcan (at [207-216]), however, which best draws together in one place all the threads of constructional choice. iTip – there is no substitute for reading these 10 paragraphs and no reason not to >>> CLICK HERE!
This case is from Episode 41 of interpretationNOW!
13 Momcilovic  HCA 34 (at ).
14 SZTAL  HCA 34 (at ).
15 Esso Australia  HCA 54 (at ).