Defined Terms in Legislation – Not Always Black and White

The fact that a term is 'defined' in legislation does not necessarily prevent debate as to its correct meaning. Whilst they are usually helpful in interpreting legislation, defined terms can sometimes mislead or confuse. Equally, if a term is to be interpreted in a way which departs from a specific definition, care should be taken to ensure that the legislation will allow it.

Laws should be clear and unambiguous and defined terms in legislation are aimed at assisting in the interpretation and application of the law. On occasions, however, they can be a source of consternation. The fact that a term is defined is not necessarily conclusive as to its meaning, either because the definition itself is unclear, or because it does not make sense in context.