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Ch10 Legislation / BILLSTHE PARLIAMENTARY PROCESS / Form of bill / Preamble



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House of Representatives                                Ch 10                                                 p 337

 

Legislation / BILLS—THE PARLIAMENTARY PROCESS / Form of bill

 

Preamble

Like the long title, a preamble is part of a bill, but is a comparatively rare incorporation. The function of a preamble is to state the reasons why the enactment proposed is desirable and to state the objects of the proposed legislation.

The Australia Act 1986 contains a short preamble stating that the Prime Minister and State Premiers had agreed on the taking of certain measures (as expressed in the Act’s long title) and that in pursuance of the Constitution the Parliaments of all the States had requested the Commonwealth Parliament to enact the Act. 1 The Norfolk Island Act 1979 , the Native Title Act 1993 , and the Natural Heritage Trust of Australia Act 1997 are examples of Acts with longer preambles.

Some bills contain objects or statement of intention clauses, which can serve a similar purpose to a preamble— see for example clause 3 of the Space Activities Bill 1998. 2 Section 15AA of the Acts Interpretation Act 1901 provides that in the interpretation of an Act a construction that would promote the purpose or object underlying the Act, whether expressly stated or not, must be preferred ( and see p. 406).



Act No. 142 of 1985.



And see D. C. Pearce and R. S. Geddes, Statutory interpretation in Australia , 4th edn, Butterworths, 1996, pp. 118-9.