Reading

How to read legislation

A statute is also known as an 'Act', 'statutes' or a 'parliamentary law'. Legislation is the law made by parliament and therefore is easily contrasted with case law, the law that is made in courts. It is important to note that legislation takes precedence over case law.

In your legal studies you may be asked to evaluate, assess or explain an aspect of transnational or international law.

Reading legislation

The meaning and effect of legislation is interpreted by the courts (such interpretation itself becoming a part of case law). In Australian, the courts use well established rules of statutory interpretation to interpret legislation to try to give effect to Parliament's intention. In general, the rules look at the ordinary meaning of words and phrases, and consider these in the context of the entire Act.

To assist in the reading and understanding of legislation, students should look at:

1. The short title of the Act. This often illustrates broadly what the Act covers.
2. The preamble and objects clause. This is a statement of the parliament setting out the reasons for making, and the purpose and objects of, the Act.
3. The long title of the Act. This is also a statement setting out the purpose of the Act.
4. Headings. These short titles of parts or divisions of Acts illustrate what the relevant part or division covers.
5. Marginal notes or 'side notes', which appear at the side of many sections of Acts. These often give a short summary of the subject matter of sections.