Book Review: Statutory Interpretation in Australia (7th ed)

Having regard to the number of pages of applicable statutory material, per capita, Queensland may be one of the most ‘regulated’ in the ‘common law world’. Relevantly, in that context:¹

“No one can doubt the centrality of the task of statutory interpretation … . [F]or the most part, the work of modern lawyers and judges involves pouring over texts – whether constitutions, statutes, regulations, bylaws or rules of court. … Legal words are now the focus of most of our work.”

Statutory Interpretation in Australia is a comprehensive, annotated, synopsis of statutory interpretation principles in all the Australian jurisdictions. This seventh edition is an update to 1 February 2011. The work is a detailed reference as to a multiplicity of statutory interpretation issues. This well-researched, new edition includes recent updates of case law and legislation, commentary on the “principle of equity”, and a discussion of the Human Rights Acts of Victoria and the Australian Capital Territory.

The two authors have collaborated for this publication since the third edition in 1988. Professor Pearce is an Emeritus Professor of Law at the Australian National University and was the former Dean of the Law Faculty there, having previously worked as a Commonwealth and Defence Ombudsman. Associate Professor Geddes is at the University of New England, and contributes material on statutory interpretation to the introductory legal text, Laying Down the Law.²

This text is a remarkably inclusive guide to statutory interpretation and is divided into 12 chapters. These chapters include examination of different approaches to legislative interpretation, extrinsic and intrinsic aids to interpretation, and individual consideration for interpreting current acts, repealed or amending acts and codifying acts respectively. The book concludes by considering legislation operating retrospectively and various drafting conventions and expressions. The preface notes forthcoming amendments to the Acts Interpretation Act 1901 (Cth), which have not been included in this edition. Although the authors state that they will include these updates in the next edition, it is unfortunate that this edition did not wait for the passing of those amendments: see Act No. 46 of 2011, as in force from 30 June 2011.

Given the specific nature of the topic, the book is intended for an audience already familiar with the law. As a result, the text provides a laconic account of the topics, very well-supported with references to both case law and statute. The work includes a detailed contents list, tables of cases and statute, and an index.

In conclusion, this text is a fundamental reference work for both law students and professionals.

Footnotes

1. Judicial Officers’ Bulletin, July Issue 2007, Book review, Statutory Interpretation – Principles and Pragmatism for a New Age, Editor: Tom Gotsis, Publisher: Judicial Commission of NSW, Education Monograph 4, Date: 2007, Reviewed by Justice Michael Kirby: http://www.hcourt.gov.au/assets/publications/speeches/former-justices/kirbyj/kirbyj_jul07a.pdf .
2. Cook, Creyke, Geddes & Hamer, Laying Down the Law (2008), 7^th edition.