Legal reading, writing and research supplementary statutory interpretation exercise

The Commonwealth Parliament passed legislation on 1 December 2017, to give effect to the result of the national plebiscite on whether or not same sex couples should be allowed to marry.

The legislation was drafted quickly and an error was made. Section 3 read:

“From 1 December 2017, a valid Australian marriage will be a marriage of two or more people.”

Everyone agrees that the words ” or more” should not have been included in the legislation.

Draft an advice on what approach the Courts will take in interpreting this legislation. In your answer discuss the rules of statutory interpretation and also any relevant legislation.

Answer preview:

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