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Then, over the recess following the election of the first MMP Parliament, the PCO
produced its first drafting manual. Chapter 5 Style, c ontains a comprehensive set
of guidelines for clear legislative drafting. It incorporates much of the material in the
Law Commissions repo rt Legislation Manual Structure and Style. Chapter 5
stresses the importance of drafting in plain language and structure and organisation
of material. The guidelines endorse some basic principles which can too easily
become lost sight of in the challenges law drafters face to integrate complex policies
and massive amounts of material into an understandable and effective statute. They
include, for example,
using the simplest word that best conveys the intended meaning
using short sentences
using the active voice
constructing short sections
using common speech equivalents for traditional forms of expression
(without notice instead of ex parte, under instead of pursuant to).
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The importance of structure is also stressed. This means
substantive material should precede procedural material
the general should precede the particular
provisions of general application should precede those of limited application
the fundamental and important should precede matters of lesser significance.
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The next step in the reform process was the passage of the Interpretation Act 1999
to replace the Acts Interpretation Act 1924, which as the Law Commission
recognised was itself little different from the even earlier Interpretation Act 1888.
The reasons given by the Law Commission for reform included changes in the
perception of the role of the State, changes in the approach of the courts to
interpretation, the role and potential of new technology, the enactment of new
interpretation statutes in Australia, Canada, and the United Kingdom, and