Anderson J (at ) provides a statement of principle at the very heart of our ‘modern approach’ – ‘Consideration of purpose in statutory interpretation is not optional: s 15AA of the Acts Interpretation Act 1901’12. It was a ‘clear error’ of an earlier court to forego a purposive approach to a definition in favour of an overly technical approach13.
Section 15AA is ‘imperative’, added the judge (at ). That provision as an ‘unqualified statutory instruction’14 directs constructional choice and generally steers us away from the perils of literalism. The present case shows how the full force of s 15AA, enacted in 1981, continues to play out in the courts15.
This principle is from Episode 87 of interpretation NOW!
13 ‘managed investment scheme’ under s 9 of the Corporations Act 2001.