Extrinsic materials are documents which do not form part of an Act but can be used to assist in the interpretation of that Act.
The Interpretation Act in each jurisdiction specifically defines what can be considered as extrinsic material in that jurisdiction:
Acts Interpretation Act 1901 (Cth) s. 15AB
Interpretation Act 1987 (NSW) s. 34
Interpretation Act 1984 (WA) s.19
Amendments made to Bills before they are passed may shed light upon the interpretation of the Act.
EMs are written in plain English with the purpose assisting parliamentarians understand the bill they are about to debate. They include statements of intent about how the bill will operate when enacted and are a crucial tool in the exercise of statutory interpretation.
Advisory reports or reports from review committees also are essential in statutory interpretation and may be used in the court under the provisions of the extrinsic materials section within the Interpretation Act.
After a Bill's introduction and first reading, the responsible Minister delivers a speech outlining the importance of the Bill and its main objectives. This is the second reading speech which is followed by debate amongst members. In the following stages more specific details of the Bill are discussed, often clause by clause, this is called the Consideration in Detail stage or Committee stage. Second reading speeches are essential for understanding the intention, purpose or object of the legislation. Second reading speeches can be found by searching Hansard.
Hint: use the Hansard Index from the year the Bill was introduced and passed to make sure you view all relevant pages. Debates can be adjourned and picked up at a later date so you will often need to view multiple pdfs to read the entire speech.
Law Reform Commissions are statutory bodies charged with reviewing and making recommendations for reforming the law within their jurisdiction. Reference to relevant reports which may include the source of the Bill are useful in interpreting the application of the legislation.
A Bill is a proposal for new legislation or a proposed amendment to existing legislation that is presented to Parliament for debate and approval before it can become law. The text of a Bill, along with its accompanying Explanatory Memorandum, (also sometimes referred to as Explanatory Notes or Explanatory Statements) can provide insight into the intent of legislation.