Domestic legislation and Australia's international obligations

At common law, there is authority dating back to 1908 for the principle that 'every Statute is to be so interpreted and applied as far as its language admits as not to be inconsistent with the comity of nations or with established rules of international law' (Jumbunna Coal Mine NL v Victorian Coal Miners' Association (1908) 6 CLR 309 at 363); including international treaties which have been implemented into domestic law (Momcilovic v R [2011] HCA 34; (2011) 245 CLR 1 at 37 [18]). The interpretative principles that apply generally to treaties are embodied in the Vienna Convention on the Laws of Treaties" [1974] ATS 2 (the "Vienna Convention"), particularly articles 31 and 32. These differ little from general interpretation rules under either common law or the Acts Interpretation Act 1901 (Vann R., (2013) 28 Aust. Tax Forum 87-122 at 97). Each generally requires consideration of text and context, including policy and extrinsic materials. Australia has ratified the Vienna Convention.