It can sometimes be confusing to work out what materials form part of the Act or Regulation and what materials can be relied upon by the judiciary for interpretation in court proceedings.
Luckily, there is statutory guidance in almost all jurisdictions for this conundrum.
In essence, all headings, footnotes, preambles, long titles and enacting words form part of the Act as well as any schedules or appendices, however an endnote (which is what the Table of Acts and Table of Amendments, or those sections as represented in each jurisdiction, are classified as) are not considered part of the Act and are extrinsic materials useful for interpretation.
Legislation references - Material Forming part of the Act:
Generally, the documents which are considered extrinsic materials useful for interpretation can be considered any or all of the following (please check the provisions outlined below for your jurisdiction):
Legislation references - Material Used for Interpretation:
Alternatively, if you prefer to talk to a real person, contact us through firstname.lastname@example.org or our Legislation Hotline and our Sydney based, legally qualified editorial team will be more than happy to answer your questions.
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