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 to the original version of s 67 of the Australian Consumer Law: "This Act applies to and in relation to a contract only if the law of the State is the proper law of the contract". The Australian Consumer Law, Division 1 of Part 3-2 (Chapter 3), like the legislation considered in Freehold Land Investments Ltd v Queensland Estates Pty Ltd [1970] HCA 31; (1970) 123 CLR 418, is an example where, as Walsh J (with whom Barwick CJ agreed) said (at 440) "the Act does not contain any express statement by which its general words are confined by some territorial limitation".

94 In Taylor v Owners - Strata Plan No 11564 [2014] HCA 9; (2014) 253 CLR 531, French CJ, Crennan and Bell JJ said that "it should not be accepted that purposive construction may never allow of reading a provision as if it contained additional words (or omitted words) with the effect of expanding its field of operation" (548 [37]). But their Honours continued (548 [38], footnotes omitted)

95 One decision to which their Honours referred was Marshall v Watson [1972] HCA 27; (1972) 124 CLR 640. In that case, s 42 of the Mental Health Act 1959 (Vic) contained express powers for the admission of a person to a psychiatric hospital including on the recommendation of a medical practitioner. But this did not impliedly permit the police officer to move the plaintiff under compulsion to a psychiatric hospital. Justice Stephen (with whom Menzies J agreed) said (at 649):

96 The joint judgment in Taylor referred to the three matters identified by Lord Diplock in Wentworth Securities Ltd v Jones [1980] AC 74, 105–106 (as reformulated in Inco Europe Ltd v First Choice Distribution [2000] 1 WLR 586, 592 (Lord Nicholls). Those matters may be more in the nature of guidelines, which might not be sufficient even if they are established ([39]–[40]). Specifically:

(1) the court must be able to identify the precise purpose of the provision(s) in question;