Legislative examples

Keris Pty Ltd v DFCT [2017] FCAFC 164

This security deposit case illustrates how examples in legislation can impact on interpretation.  An example said the Commissioner could require additional security in certain cases.  The court observed (at [28]) that the example was consistent with the forward-looking aspect of the power.

Section 15AD12 says that an example is not exhaustive and ‘may extend the operation of the provision’ – Episode 17 discusses some of the issues in this regard.  One important point is that legislative examples are now not to restrict operation of a provision13iTip – since 2011, legislative examples have potentially more impact on interpretation14

This case is from Episode 30 of interpretationNOW!


12 s 15AD of the Acts Interpretation Act 1901.

13 Lifestyle [2016] FCA 1538 (at [37]), Clinica [2016] FCA 62 (at [293]).

14 Lehane & Orr AIAL Forum No 73 (at 43).