Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 109J

Use of extrinsic material in the interpretation of this Law

 
 
(1)
This section applies where, in the
interpretation of a provision of this Law, any material not forming part of
this Law is capable of assisting in working out the meaning of the
provision.


(2)
Subject to subsection (4), 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 Law and the
purpose and object underlying the 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 Law and the purpose or object
underlying the Law, leads to a result that is manifestly absurd or is
unreasonable. 

 
 
(3)
The material that may be considered
under subsection (2) in the interpretation of a provision of this Law
includes, but is not limited to: 
 
 

(a)
all matters not forming part of the Law that are set out in the
Corporations Act 1989 or a corresponding law of a jurisdiction, or the
document containing the text of the Law as printed by the Government Printer;
and

(b)
any relevant report of the Advisory Committee, or of a Royal
Commission, Law Reform Commission, committee of inquiry or other similar body,
that was made before either House of the Parliament before the time when the
originating provision was enacted; and

(c)
any relevant report of a committee of the Parliament or of either
House of the Parliament that was made to the Parliament or that House of the
Parliament before the originating provision was enacted; and

(d)
any treaty or other international agreement that is referred to
in this Law; and

(e)
any explanatory memorandum relating to the Bill containing the
originating provision, or any other relevant document, that was laid before,
or furnished to the members of, either House of the Parliament by a Minister
before the time when the originating provision was enacted; and

(f)
the speech made to a House of the Parliament by a Minister on the
occasion of the moving by that Minister of a motion that the Bill containing
the originating 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 this Law to be a relevant document for
the purposes of this section; and

(h)
any relevant material in the Journals of the Senate, in the Votes
and Proceedings of the House of Representatives or in any official record of
debates in the Parliament or either House of the Parliament. 

 
 
(4)
In determining whether consideration
should be given to any material in accordance with subsection (2), or in
considering the weight to be given to any such material, regard is to 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 law and the purpose or object underlying the law;
and

(b)
the need to avoid prolonging legal or any other proceedings
without compensating advantage.