Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (3), in the interpretation of a provision of a written law, if
any material not forming part of the written law is capable of assisting in
the ascertainment of the meaning of the provision, consideration may be given
to that material —
(a) to
confirm that the meaning of the provision is the ordinary meaning conveyed by
the text of the provision taking into account its context in the written law
and the purpose or object underlying the written law; or
(b) to
determine the meaning of the provision when —
(i)
the provision is ambiguous or obscure; or
(ii)
the ordinary meaning conveyed by the text of the
provision taking into account its context in the written law and the purpose
or object underlying the written law leads to a result that is manifestly
absurd or is unreasonable.
(2) Without limiting
the generality of subsection (1), the material that may be considered in
accordance with that subsection in the interpretation of a provision of a
written law includes —
(a) all
matters not forming part of the written law that are set out in the document
containing the text of the written law as printed by the Government Printer;
and
(b) any
relevant report of a Royal Commission, Law Reform Commission, committee of
inquiry or other similar body that was laid before either House of Parliament
before the time when the provision was enacted; and
(c) any
relevant report of a committee of Parliament or of either House of Parliament
that was made to Parliament or that House of Parliament before the time when
the provision was enacted; and
(d) any
treaty or other international agreement that is referred to in the written
law; and
(e) any
explanatory memorandum relating to the Bill containing the provision, or any
other relevant document, that was laid before, or furnished to the members of,
either House of Parliament by a Minister before the time when the provision
was enacted; and
(f) the
speech made to a House of Parliament by a Minister on the occasion of the
moving of a motion that the Bill containing the provision be read a second
time in that House; and
(g) any
document (whether or not a document to which a preceding paragraph applies)
that is declared by the written law to be a relevant document for the purposes
of this section; and
(h) any
relevant material in any official record of proceedings in either House of
Parliament.
(3) In determining
whether consideration should be given to any material in accordance with
subsection (1), or in considering the weight to be given to any such
material, regard shall be had, in addition to any other relevant matters,
to —
(a) the
desirability of persons being able to rely on the ordinary meaning conveyed by
the text of the provision taking into account its context in the written law
and the purpose or object underlying the written law; and
(b) the
need to avoid prolonging legal or other proceedings without compensating
advantage.