4nature v Centennial Springvale [2017] NSWCA 191
Episode 13 mentioned court comments that delegated legislation, being ‘less carefully drafted’, is to be ‘less keenly scrutinised’. Not everyone agrees8. In 4nature (at [45]), an appeal judge has now denied that ‘there is some general principle requiring laxity or flexibility in construing delegated legislation, or statutory instruments generally’.
The correct approach (at [51]) is that the ‘language be read in context and having regard to the objective which it was designed to promote’. The primary focus, however, ‘must remain upon the text’. iTip – apply the same interpretational rules to delegated legislation and statutes alike.
This case is from Episode 28 of interpretationNOW!
Footnotes:
8 Argument (2015) 26 Public Law Review 137, for example.