The High Court in Port of Newcastle said the principles of interpretation are ‘familiar’ and ‘can seem banal’1. This case, about ‘access’ to port facilities2, is a refresher on four of those principles. 1 – The term is read as ‘always speaking’3. 2 – It is construed within its ‘broader context’. 3 – The applicable ‘shade of ordinary meaning’ involves a constructional choice. 4 – That choice is made by applying the purposive principle reflected in the ‘statutory instruction’ of s 15AA4. Given the legislative purpose was to promote economic efficiency and effective competition, ‘access’ meant the right or opportunity to benefit from or use a system or service. This case is a vivid illustration of our ‘well settled’ method at work. The principles involved may indeed seem ‘banal’ (boring) but (A) they are the keys to meaning, & (B) they are obligatory. iTip – click & read the case (at [85-97]).
Gordon Brysland – Tax Counsel Network
See here for the official PDF of Episode 79 of interpretation NOW!
In this episode:
Credits – Gordon Brysland & Oliver Hood. Happy holidays everyone!
Footnotes:
1 Port of Newcastle Operations v Glencore Coal Assets [2021] HCA 39 (at [85]).
2 Part IIIA of the Competition and Consumer Act 2010 (Cth).
3 Aubrey [2017] HCA 18 (at [29-30]), A2 [2019] HCA 35 (at [141, 169]) cited.
4 s 15AA of the Acts Interpretation Act 1901, Thiess [2014] HCA 12 (at [23]).