7.1 Language, Grammar, Signs, Symbols, Punctuation and Style of Legislative Drafting

The Language Layer 1. Ordinary words keep ordinary meaning unless defined; where a term is defined, it is used in the defined sense everywhere. 2. One term, one meaning; one meaning, one term. Never use "may" and "shall" for the same idea in different sections. 3. No synonyms. The drafter who writes "sell, transfer, or otherwise dispose of" invites the question whether "dispose" adds something — if not, cut it. The Grammar Layer 1. "Shall" imposes a duty; "may" confers a power; "is" declares. Choose deliberately. 2. The present tense legislates ("An application is filed within thirty-five days"). 3. Active voice — "The authority shall issue a licence" beats "A licence shall be issued". 4. One sentence, one proposition; if the sentence needs a semicolon chain, consider a sub- section. The Signs and Symbols Layer • Section numbers (Arabic), sub-sections (1), clauses (a), sub-clauses (i) — the tier kit of Unit 5. • Quotation marks for defined terms on first use and for quoted words; italics (in gazette practice) for Acts cited. • The dash and bracket: parenthetical matter in drafting is a smell test — if the bracket is essential, promote it to a clause; if not, delete it. The Punctuation Layer Punctuation decides cases. The comma before "and" (the serial comma's presence or absence) has decided tax and…