High Court. Should statutory provisions be interpreted, so far as possible, to be consistent with international law, particularly where a provision seeks to give effect to matters of international law? Is the primary object of statutory construction to "construe the relevant provision so that it is consistent with the language and purpose of all the provisions of the statute"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Should statutory provisions be interpreted, so far as possible, to be consistent with international law?
Question 2: If the answer to question is 'yes', is this particularly so where a provision seeks to give effect to matters of international law?
Question 3: Is the primary object of statutory construction to "construe the relevant provision so that it is consistent with the language and purpose of all the provisions of the statute"?
Question 4: Is a construction which achieves the legislative purposes, including by promoting certainty and consistency in application, to be preferred to one which would fail to achieve these purposes, including by promoting uncertainty or inconsistency in application?
Question 5: Should the same words appearing in different parts of a statute ordinarily be given the same meaning?
The HCA answered those questions as follows:
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