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Australia
Project Blue Sky Inc v Australian Broadcasting Authority
(1998) 194 CLR 355
Key Principle
Statutory invalidity is not presumed from non-compliance with a procedural requirement; the court asks whether it was the legislative purpose that an act done in breach of the provision should be invalid. A purposive reading is preferred over mechanical invalidation. Foundational to modern Australian statutory interpretation of validity.
Area of Law
public-law
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