executive and Parliament. For our full disclaimer see our disclaimer page. This task is designed for you to demonstrate your understanding of interpreting legislation to complete agency work. The ‘golden rule’ is an extension of the literal rule. How we interpret and apply the law If the law is clear. How well you understand the role of state real estate regulators. If you need help with a legal issue and live in Southern Tasmania, we may be able to help. �DR���i���c=��>#� ;j4t��>y��8CYH���t�� Џ�O��[[��(暝�q� �E�Ks��5EFf.��Q$���8&�� �d6�Ge��J,� � X���!o��D�b�������L� �+`�#���`�bN�.��-���{��ͷ(�5Er���z����y]D�=�8[�@���!,�����O��`�����|�4F�H � Whether you know which legislation pertains to your role in real estate. Guide to interpreting NSW legislation 5 Topic Interpretive provisions de facto See sec 21C for the meaning of de facto and de facto relationship. What you need to do: Answer the questions below by writing in the space provided. We have a duty to apply the law. An example of a plain reading resulting in a harsh result is the Berriman case (1946)where a railway worker was killed while doing some ‘oiling’ on a railway line as a result of there being no ‘look out’ point. Whether you know how to read and interpret legislation. INTERPRETATION. How to read an Act : Last Revised: Thu Jul 31st 2014. Interpretation takes place whenever the … Interpretation is necessary when case involves suble or ambiguous aspects of a statute. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> If correct, you will see ‘competent’ written in your grades section next to the assessment name. How to interpret legislation 3 • Statutory interpretation is used when the meaning in law of an Act of Parliament or another piece of legislation must be determined. First, interpreting legislation, where solicitors and law students are concerned, is sometimes straight forward and sometimes a complicated process. You are required to answer all questions correctly. This page has links to a collection of publications and information about NSW legislation and this website, including factsheets and other legislative resources. • Words can be ambiguous or imprecise, despite careful drafting of the Acts, and then various theoretical rules and methods are used to interpret what the statute seeks to achieve. New legislation. This may be the result of simple oversight, a deliberate attempt to fudge the meaning to achieve a political compromise or a genuine recognition that all the circumstances in which the legislation may apply … The Acts Interpretation Acts, both Commonwealth and State, provide that the courts must be guided by these statements, and other relevant extrinsic material (s15AB and s8B). Section 35(a) of the Interpretation of Legislation Act1984 provides that in interpreting legislation an to interpret legislation will usually relate to only the provisions of the legislation which the cases involved. When called on to interpret a statute, a judge will look to the purpose and history of the legislation. "Most new law is statutory law; that is, law enacted by legislators. The primary rule of statutory interpretation is to assume words and phrases have the same meaning a reasonable person would assume them to have. CPPREP4003 – Access and interpret legislation in real estate (Release 1) Assessment Questions. CPPDSM4009B - Interpret Legislation to complete Agency work. Congress.gov provides the full text of bills from the 103rd Congress (1993) to the present and summaries of bills from the 93rd Congress (1973) to the present. Statutory Default Rules: How to Interpret Unclear Legislation. can be applied”. 2.1 Structure of real estate legislation and regulations and … 3 0 obj 1. 1.3 Source documents for legislation and regulations relevant to the provision of real estate agency services are identified and accessed. If the law is clear but gives rise to unintended consequences, anomalies, or significant compliance costs inconsistent with the policy intent, we advise the government – usually through Treasury. When called on to interpret a statute, a judge will look to the purpose and history of the legislation. 4 0 obj The object of interpretation is to find out or collect the intention of the maker of the instrument, either from his own words, or from other conjectures, or both. Consolidated legislation includes amendments made to it since it was originally passed by Parliament. RTO 32426. They will be read literally and do not need to be analysed further for different meanings, disregarding the plain words of the legislation. Use this page to find bills and resolutions in the United States Congress. The use of the word ‘reasonable’ in legislation is often a convenient route of escape for legislators in such situations. Monitor sources of information for changes to the legal framework. Bills and joint resolutions may become law if enacted during the two-year Congress in which they were introduced. Unit updated to reflect specific … Structure of real estate legislation and regulations and the effect on their interpretation are identified. We ensure new legislation is implemented efficiently and effectively by consulting with you, your tax advisers, professional associations, industry bodies and Treasury. If […] How to interpret legislation which is equally authentic in twenty languages Lecture by Advocate General Francis Jacobs, Brussels, 20 October 2003 Summary report Mr Frank Benyon, Principal Legal Adviser in the Commission Legal Service, welcomed the speaker. Read the statute. The explication of a law, agreement, will, or other instrument, which appears obscure or ambiguous. Judges have developed special rules of statutory interpretation that are also used in understanding the meaning of a statute. You will often find quotes from legislators stating why they are passing the … An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. We’re pleased to welcome back one of our most popular webinar contributors, agency trainer Richard Rawlings to discuss what this means for your future. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. Explanatory memoranda state the intended effect of legislation. I imagine if you are being asked to do this as a job it would require you to 'understand' it and be able to make it communicable.
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