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Which of the following steps would be UNLIKELY to assist when dealing with complex problems of interpretation of legislative provisions? Select one: a. Initially refer

Which of the following steps would be UNLIKELY to assist when dealing with complex problems of interpretation of legislative provisions? Select one:

a.

Initially refer to relevant extrinsic materials to discover the mischief or defect addressed.

b.

Check for a dictionary or interpretations section in the legislation to check whether words or phrases are defined within it.

c.

Identify the purpose of the legislation, or of a particular provision.

d.

Look at the table of contents and the headings to find the relevant provisions.

Which of the following is an example of extrinsic material? Select one:

a.

The Copyright Act 1968 (Cth).

b.

A report of the Australian Law Reform Commission.

c.

Competition and Consumer Act 2010 (Cth)

d.

Donoghue v Stevenson [1932] AC 562.

Which of the following is not another name for delegated legislation? Select one:

a.

Omnibus bill

b.

Secondary legislation

c.

Subordinate legislation

d.

Legislative instrument

In determining whether a provision contained in legislation confers a discretionary duty on an office-holder, a court or tribunal will: Select one:

a.

Strive for an interpretation that would promote the purpose or object underlying the provision

b.

Consider the case of Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106.

c.

Consider s 33(2A) of the Acts Interpretation Act 1901 (Cth) and s 9 of the Interpretation Act 1987 (NSW).

d.

Treat the use of the word 'may' as conclusive of a conferral of a discretion.

The term ejusdem generis: Select one:

a.

Has been abolished in South Australia by the Acts Interpretation Act 1915 (SA).

b.

Applies in situations where words of a particular meaning are followed by general words and means that those general words are to be limited to the same kind as the particular words.

c.

Relates to generic principles of statutory interpretation.

d.

Means that the meaning of a word is to be discerned according to the golden rule of statutory interpretation.

If there is a conflict between an Act and the common law, which one takes precedence? (select one)

a.

This situation cannot be interpreted by the courts.

b.

The Act is subordinate to the common law.

c.

They are both treated equally.

d.

The Act takes precedence over the common law

When do Commonwealth statutes come into force? Select one:

a.

28 days after the date of the Governor General's assent unless another commencement date is specified in the relevant Act.

b.

Upon the commencement date stated in the relevant Act.

c.

21 days after the date of the Governor General's assent unless another commencement date is specified in the relevant Act.

d.

28 days after the date of the Governor General's assent.

Which of the following is an example of a presumption used in the interpretation of legislation? (Select one)

a.

Expressio unius exclusio alterius.

b.

The literal rule.

c.

The purposive approach.

d.

That Parliament does not intend to deprive people of access to the courts.

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