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Education & Training> Online Training> Guide to Legal Research> Australian Legislation

Guide to Legal Research - Australian Legislation


Introduction

Because the Commonwealth of Australia is a federation of states, Australian citizens are subject to the laws made by both the Commonwealth Parliament and of the parliament of the state or territory in which they reside. In New South Wales the effective legislation is that made by the Commonwealth and New South Wales governments. Legislation consists of Bills, Acts (also called Statutes) and subordinate (or delegated) legislation.

Format and Passage of Bills

A Bill is a proposal for a law or a change to the law and is presented to Parliament in the form of a draft Act. Proposals for new or amending legislation may come from any number of sources. Some of these are:

  • Cabinet: the group of Ministers directly responsible for the Government's policies.
  • Government departments: suggestions from the department are referred to the Minister responsible, who may then put the proposal before Cabinet.
  • Political Parties: after an election, the new government will often introduce proposals based upon its election platform.
  • Law Reform Commissions: often advocate for either new legislation for an area not adequately covered, or propose amendments to current legislation.
  • Royal Commissions: often recommend new legislation or amendments to existing legislation in their Final Reports.
  • Members of Parliament: also known as Private Member's Bills, individual members of Parliament propose new legislation or recommend amendments to current Acts.
Format of a Bill

The first page of a Commonwealth Bill provides the following information:

  • the year(s) of the Parliamentary session
  • the Parliament and the House
  • the number of the reading
  • the portfolio of the Minister introducing it
  • the short and long title
The first page of a New South Wales Bill provides:

  • the number of the printing
  • the short title
  • contents
As a Bill is a draft Act, its text is set out in much the same way. The provisions of a Bill are numbered and are called clauses. These may be divided into sub-clauses and paragraphs. Most Bills are issued with an explanatory memorandum, which explain the content and purpose of the Bill in plain language. In New South Wales, the explanatory memoranda is incorporated into print version of the Bill and is called an explanatory note.

Passage of Bills

Bills are usually introduced into the lower house of Parliament. The progress of a Bill now follows several stages:

First Reading: The title only is read. A date is set for the second reading and copies are ordered to be printed.

Second Reading: The Minister who introduced the Bill explains its general principles and purpose. The explanatory memorandum to the Bill is also presented to the House.

Second Reading Debate: This is the main debate on the principles of the Bill. This debate may extend over several days and is reported in the relevant parliamentary debates.

Consideration in detail: This is where the text of the Bill is considered clause by clause. Amendments may be moved at this stage.

Third Reading: This stage is usually a formality whereby the Minister moves the motion "That this Bill be read a third time". If this motion is agreed to, the Clerk reads out the long title of the Bill, signifying that the Bill has passed the lower house.

The Bill is then sent to the upper house of the Parliament, the house of review, where the procedure outlined above is repeated.

Assent: When a Bill has passed both houses, it is presented to the Governor-General (for Commonwealth bills) for assent. At this point the bill becomes an Act of Parliament. An Act may be operational on assent, at a date specified in the Act, or on a date to be proclaimed. If no commencement date is given, the Act becomes operational 28 days after assent under Commonwealth and New South Wales jurisdictions.

The date of assent is printed on the Act and a notice of the date appears in the appropriate government gazette.


Finding Proclamation Dates

As an Act does not necessarily become operational on assent, this makes finding the proclamation date essential in determining whether an Act is in force.


Commonwealth

Federal Statutes Annotations
Contains a "Table of Proclamations" for the current and previous year.
Print: L/KH15/F73 (in the UNSW Freehills Law Library, 1st Floor Digest Area).

The Commonwealth Acts Tables (held in Law Reserve with recent sessional Acts) is a cumulative list for the current year giving dates of assent and proclamation. An online equivalent is also available on ComLaw (under "Legislation Tables").


New South Wales

New South Wales Statutes Annotations
Contains a "Table of Proclamations" for the current and previous year.
Print: L/KH65/N2 (in the UNSW Freehills Law Library, 1st Floor Digest Area).

The New South Wales Acts Tables (held in Law Reserve with recent sessional Acts) contain a cumulative list for the current year giving dates of assent and proclamation.

Commencement dates are also available fro the Parliamentary Counsel's Office website (see the Weekly and Monthly Acts Tables under Legislation Guides).


Other States and Territories

Australian Legal Monthly Digest (ALMD)
Contains a cumulative list of "Acts Passed, Amended, Repealed or Proclaimed to Commence" for the published year.
Print: L/ KH51/A5 1967- (held in the UNSW Freehills Law Library, 1st Floor Digest Area).
Also available via Complete Legal Research System.

Australian Current Law, Legislation (ACL-L)
Contains a cumulative "Table of Proclaimed Legislation" for the current year.
Print: L/KH51/A10 No. 1 (Jan. 1991)-no. 6 (June 2002) (held in the UNSW Freehills Law Library, 1st Floor Digest Area).


Further Information

For further information on the passage of Bills, and on alternative procedures, see:

Making laws / Parliament of Australia, House of Representatives: Factsheet No.7

Making a law / Parliament of New South Wales


Finding Bills and Explanatory Memoranda

Commonwealth

Commonwealth Bills are available online from BillsNet.

Print copies are bound in yearly volumes with any explanatory memoranda.
Print: L/KH12/A1 (recent copies held in Law Reserve)

Also of use are:
Bills Digest which provides background information on Bills.
Daily Bills List which allows you to track the progress of a Bill through parliament.

Federal Statutes Annotations
Contains a "Table of Bills" for the year covered by the publication. It indicates if the Bill has received assent and the Act number.
Print: L/KH15/F73 (held in the UNSW Freehills Law Library, 1st Floor Digest Area).

Australian Legal Monthly Digest
Contains a Table of Bills which indicates whether or not a explanatory memorandum was issued with a Bill.
Print: L/KH51/A5 1967- (held in the UNSW Freehills Law Library, 1st Floor Digest Area).
Also available via Complete Legal Research System.


New South Wales

New South Wales Bills & Explanatory Notes
The current year are held in Law Reserve until bound. LQ volumes are held on the Ground Floor and include any explanatory notes received by the Library. Since 1998 explanatory notes have been included in the text of the Bill.
Print: LQ/KH63.3/N1
Also available online from the NSW Parliament site.

Acts Tables
These are produced by the NSW Parliamentary Counsel's Office and contain a Table of Bills, Introduced, Amended or Passed for the year covered. They are held in Law Reserve with current New South Wales Acts.

New South Wales Statutes Annotations
Contains a "Table of Bills" for the year covered.
Print: L/KH65/N2 (held in the UNSW Freehills Law Library, 1st Floor Digest Area).

It is important to remember that not all Bills become law. In New South Wales a Register of Public and Private Bills Originated in the Legislative Assembly during the Sessions of... is compiled at the end of each session and printed as a supplement to Votes and Proceedings of the Legislative Assembly. This title records the progress of Bills through the New South Wales Parliament.
Print: SQ328.94406/2 (Held in the Main Library building, Level 4)

Other States and Territories

Queensland
Queensland Bills and explanatory notes are available online from the Parliament of Queensland website. Print copies of past Bills and explanatory memoranda are held in bound volumes on the Ground Floor.
Print: LQ/KH85/Q3

Queensland Legislation Update
Part 1 of this publication contains a "Table of Bills" introduced for the current year.
Print: L/KH86/Q1
The Table Office of the Queensland Parliament allows you to track the progress of Bills.

Victoria

Victorian Bills and explanatory memoranda are available from the Victorian Parliament website. Print copies of past Bills and explanatory memoranda are held in bound volumes on the Ground Floor.
Print: LQ/KH143.3/V1

Victorian Statutes Annotations
Contains a "Table of Bills" for the year covered.
Print: L/KH145/V4 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)

Western Australia

Recent Bills and explanatory memoranda are available from the Western Australian Parliament website. Print copies of past Bills and explanatory memoranda are held in bound volumes on the Ground Floor.
Print: LQ/KH163.3/W1

South Australia
The South Australian Parliament provides a database of Bills introduced into the Legislative Assembly and the House of Assembly. Bills and explanatory memoranda for previous years held in print on the Ground Floor.
Print: LQ/KH103.3/S1

Tasmanian Bills
Available online as part of the Annual Register of Bills or the Progress of Bills section.
Bills and explanatory memoranda for previous years held in print on the Ground Floor.
Print: L/KH125/T2

Northern Territory Bills
Recent Bills are held in Law Reserve, while past years are held in bound volumes on the Ground Floor. The Department of the Chief Minister provides online access to Bills from 1995 onwards.
Print: L/KH183.3/N1

Australian Capital Territory Bills
Bills are available from the ACT Legislation Register. Print copies of current Bills and explanatory memoranda are held in Law Reserve, while bound volumes of past years are on the Ground Floor.
Print: LQ/KH203.3/A1

Current Awareness Services

Australian Current Law, Legislation
The Legislation volume contains a "Cumulative Table of Parliamentary Bills". Arrangement is alphabetically by jurisdiction for the year covered.
Print: L/KH51/A10 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)

Australian Legal Monthly Digest (ALMD)
The "Table of Bills" is found within the Legislation Tables. The list also indicates whether the Bill is accompanied by an explanatory memorandum. Arrangement is by jurisdiction for the year covered by the publication.
Print: L/KH51/A5 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)
Also available online via Complete Legal Research.


Parliamentary Debates

Commonwealth

A Bill's progress through both Houses of Parliament and the debates on it, are recorded in the Parliamentary Debates, commonly referred to as Hansard.

Commonwealth Parliamentary Debates are located in the UNSW Freehills Law Library at:

Senate Hansard
Print: L/KH5/A1 Senate

House of Representatives Hansard
Print: L/KH11/A1 House of Representatives

The Commonwealth Parliament BillsNet has a link to the second reading speeches (look under the name of the bill).

Commonwealth Statutes Annotations
Contains a "Table of Parliamentary Debates" for Acts passed from 1984 to date.
Print: L/KH15/F73 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)


New South Wales

New South Wales Parliamentary Debates
Print: L/KH62.3/N1
Also available online via the NSW Parliament web site.

Second Reading Speeches

Second reading speeches are an extremely useful source in interpreting statutes. The dates of these speeches are printed at the end of each act. This began for the:
Commonwealth - in 1985
New South Wales - in 1988
For debates prior to these dates, check Hansard for the year(s) you think the Bill would have been debated. Look under Bills in the index.

Bills on the NSW Parliament website also give the dates of second reading speeches.

Parliamentary Debates for Other States and Territories

Queensland
Print: L/KH83.2/Q1

South Australia
Print: LQ/KH102/S1

Victoria
Print: L/KH142.3/V1(Council), L/KH143.2/V1(Assembly)

Tasmania
Print: L/KH122.3/T1 (1979-1995)

Western Australia
Print: L/KH162/W1

Australian Capital Teritory

Northern Territory
Print: L/KH183.2/N10



Types of Acts

An Act or Statute is a law made by Parliament. In Australia, Acts are made by the Parliament of the Commonwealth of Australia, State Parliaments and the legislatures of the two Territories.

In Australia, there are four types of Statutes that apply:

  • Commonwealth Acts - these generally apply throughout Australia
  • State Acts - apply within the boundaries of the enacting State
  • Territorial Acts - apply within the boundaries of the enacting Territory
  • British Statutes: there are two types. Statutes received on settlement and statutes applying by paramount force (these consist of statutes which apply directly to a colony). However, section 1 of the Australia Act 1986 legislates that the British Parliament no longer has the power to legislate for Australia. To ascertain if any imperial statutes are still in force check the Imperial Acts Application Act for the relevant State.
Principal Acts
When an Act is passed by Parliament it is complete in itself and has been enacted for a particular purpose. These are known as principal Acts.

Amending Acts
If a provision within a principal Act is to be changed, there are two ways to achieve this:

  • Parliament can pass an amending act. The word 'amendment' will be in the title of the later Act (e.g. Civil Aviation Amendment Act (Cth). These Acts identify specific provisions of the principal Act that are to be changed and specify the new provision.
  • Parliament may also pass an act that will amend more than one act. For example, the Statute Law Revisions Act 1996 (Cth) made amendements to more than 100 acts.

Subject Indexes

Using a subject index will help you to locate an Act if you do not know its exact title.

Commonwealth:
Wicks Subject Index to Commonwealth Legislation
Published annually, this publication is useful for ascertaining if there is any Commonwealth legislation covering a particular topic. It is designed to be used in conjunction with the "Table of Provisions" at the beginning of each Act.
Print: L/KH15/F73 (or ask at the UNSW Freehills Law Library, Loans & Information Desk, Level 1)

To update Wicks, use the "Cumulative Legislation Index" in the Australian Legal Monthly Digest or Australian Current Law (in the Digest Area). Australian Legal Monthly Digest is available online via Complete Legal Research.

New South Wales:
Subject Index to the Acts and Regulations of New South Wales
This title has a similar arrangement to the Commonwealth index.
Print: L/KH65/N4 (or ask at the UNSW Freehills Law Library, Loans & Information Desk, Level 1)

New South Wales Statutes Annotations
Contains a subject index.
Print: L/KH65/N2 (held in the UNSW Freehills Law Library, 1st Floor Digest Area and the Loans & Information Desk, Level 1)

To update, use the appropriate index in Australian Legal Monthly Digest (online via Complete Legal Research) or Australian Current Law, Legislation.


Format of Acts

Bills and Acts are set out similarly. The clauses of a Bill are called sections in an Act. These may be further divided into subsections and paragraphs. Acts contain identifiable parts, most of which are commonly used throughout Australia.

Number: Commonwealth and New South Wales Acts are numbered by serial number and calendar year (e.g. Evidence Act No. 2 of 1995).

Titles: Acts have two titles. Tthe long title states the purpose of the Act, while the short title is found at section 1. This is the title commonly used when referring to an Act.

Date of Assent: This is usually found in square brackets, on the front page beneath the long title.

Enacting words: These follow the long title and introduce what is enacted.

Commencement: Usually found in section 2 of the Act.

Interpretation: This section usually appears early in the Act and its purpose is to define words or phrases used in the Act.

Parts, Divisions and Sections: Sections are the basic units of an Act. These are numbered consecutively. In lengthy Acts, it is usual for a number of sections to be grouped together, this grouping is known as a part. Parts may then be further sub-divided into divisions.

Schedules: Most Acts have schedules. These perform similar functions to appendices in books. They contain information that would make the Act difficult to read if they were to be included in the main body of the Act. They are often set out in tabular form, but they also contain text, such as a Convention.

Sessional Acts
Acts first appear in pamphlet form which are formally known as Sessional Acts. Print copies are available at:

Commonwealth: current years held in Law reserve, bound volumes at L/KH16/A1.
New South Wales: current years held in Law Reserve, bound volumes at L/KH65/N1.
Queensland: yearly bound volumes only at L/KH85/Q1.
South Australia: yearly bound volumes only at LQ/KH105/S1.
Tasmania: current year held in Law Reserve, bound volumes at L/KH125/T1.
Victoria: yearly bound volumes only at L/KH145/V1.
Western Australia: yearly bound volumes only, L/KH165/W1.
Northern Territory: yearly bound volumes only at L/KH185/N1.
Australian Capital Territory: yearly bound volumes only at L/KH205/A1.

Sessional (or "Numbered") Acts are available online from, TimeBase (the Commonwealth, states and territories), SCALEPlus (Commonwealth), New South Wales Legislation (NSW) and AustLII (for the Commonwealth, states and territories).


Reprinted or Consolidated Acts

An Act may be amended many times over a period of years. To overcome the difficulty in searching for and collating a principal act and its amendments in order to ascertain the existing law, Acts are periodically reprinted.

The reprinted Act incorporates the principal and amending Act(s) so that it reads as one Act which states the law as it exists at the date of the reprint. However, it is important to note that amendments made prior to the reprint, but which at the date of the reprint are still not in force, will not be included in the reprint.


Updating Acts

Statute annotations give information relating to principal acts. They should be used in conjunction with the latest reprint or consolidation. Annotations will list amendments subsequent to a reprint, or, if no reprint, amendments subsequent to the date of assent.

Commonwealth:

Federal Statutes Annotations
This publication consists of a main volume, published annually, and is updated by a supplement every six months. Use the main volume first. To update an Act:
a) look under the name of the Act in the main alphabetical sequence.
b) note the date of the latest reprint, if any, indicated by 'Reprinted to . . .'
c) check the list of amending Acts.
d) check the left hand column for details of sections of the Act that have been amended. The full name of the amending Act is referred to here by it's number and year only.

You are now up-to-date up to the cut off date of the main volume of the Annotations. If there is an updating supplement available, repeat steps a) to d).

Print: L/KH15/F73 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)


Commonwealth Statutes Annotations
This publication adopts a similar approach in content and structure to that of the Federal Statutes Annotations.
Print: L/KH15/F73 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)

New South Wales:

New South Wales Statutes Annotations
This publication has the same frequency as Federal Statutes Annotations. To update an Act, follow the same steps as outlined above for Commonwealth Acts.
Print: L/KH65/N2 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)

New South Wales Legislation in Force
Under the section "Public Acts" principal Acts are listed in bold with the date of the latest reprint and amendments.
(Available from the UNSW Freehills Law Library, Loans & Information Desk, Level 1)

Queensland:

Queensland Legislation Annotations
Print: Held at L/KH85/Q2

South Australia:

Index of South Australian Legislation
Lists Acts in force, repealed or amended since December 1975.
Print: LQ/KH105/S1

Tasmania:

No annotations available. To update use ALMD or ACL-Legislation (see below).

Victoria:

Victorian Statutes Annotations
This title has a similar arrangement to that for its sister publication covering New South Wales. It provides information regarding reprints and amendments. Kept up to date with supplements. Print: L/KH145/V4

Western Australia:

Index to Legislation of Western Australia
Table 1, "Acts in Force" provides information relating to reprints and amendments to principal acts. An index is located in the last volume of the annual volumes.
Print: L/KH165/W1

Australian Capital Territory:

The "Table of A.C.T Laws" in the first of the annual bound volumes of Acts provides information on amendments to principle acts for that year.

Northern Territory:

Northern Territory of Australia Index to Legislation
Print: L/KH186/I1

To update acts from the cut off date of the annotations, use one of the following:

Australian Legal Monthly Digest (ALMD)
The "Legislation Tables", provides information such as a chronological table of statutes; an alphabetical table of Acts passed, amended, repealed or commenced; a table of reprinted legislation; a legislation index.
Print: L/KH51/A5 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)
(also available on Complete Legal Research System)

ALMD Advance updates the ALMD further. Published fortnightly, it provides information on legislative developments.

Australian Current Law, Legislation
Published monthly, this service provides details of legislation under tables covering "Amended Acts" and cumulative "Table of Reprinted Acts".
Print: L/ KH51/A10.

Alternatively, use the electonic version of the Act (noting the date given on the database) and update further by using ACL-L, or, ALMD.


Repealed Legislation

Commonwealth:

Federal Statutes Annotations
This title has a repealed legislation volume issued each year.
Print: L/KH15/F73 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)


New South Wales:

New South Wales Statutes Annotations
Look under "Repealed legislation". Contains information regarding repealed legislation for the years covered.
Print: L/KH65/N2 (held in the UNSW Freehills Law Library, 1st Floor Digest Area)

Legislation in Force provides a cumulative list of legislation repealed in NSW. This is held at the UNSW Freehills Law Library, Loans & Information Desk, Level 1.

Repealed legislation can also be found on the New South Wales Legislation homepage.

Queensland:

Queensland Legislation Annotations
Look under "Repealed Legislation".
Print: L/KH85/Q2

South Australia:

The index in annual volumes of Acts has information on repealed legislation.
Print: LQ/KH105/S1

Victoria:

Victorian Statutes Annotations
Look under "Repealed Legislation".
Print: L/KH145/V5

Western Australia:

Index to Legislation of Western Australia
Look under "Table 3: Statutes of W.A. Repealed". Print: L/KH165/W1

Australian Capital Territory:

Laws of the Australian Capital Territory - Tables
Print: L/KH205/A1

Northern Territory:

Northern Territory of Australia Index to Legislation
Print: L/KH186/I1

TimeBase

  • TimeBase provides the full text of repealed legislation for:
  • Commonwealth: from 1 January 1999
  • New South Wales: from June 1994
  • Victoria: from August 1995
  • Queensland: from January 1999
  • Western Australia: from January 1999
  • South Australia: from January 1999
  • Australian Capital Territory: from January 1999
Update all jurisdictions with ALMD (via Complete Legal Research) or Australian Current Law, Legislation ). Print copies of these titles are held in the UNSW Freehills Law Library, 1st Floor Digest Area.


Private Acts

Unlike public Acts, private Acts are generally passed in order to benefit or restrict an individual, group or institution. One example is the Burns Philp Trust Company Limited Act 1940 (NSW).

Parliamentary procedures or standing orders for the introduction and enactment of private Acts differ from those used to implement public Acts.
In Australia, this type of legislation is becoming increasingly uncommon.



Types of Subordinate Legislation

Acts are laws passed by Parliament but there is another class of laws made by persons or bodies to whom Parliament has delegated some of its law-making powers. These laws are collectively known as subordinate or delegated legislation. The authority to make subordinate legislation is conferred by an Act of Parliament, known as an enabling or delegating Act. The enabling Act may, and often does, stipulate requirements about the way the subordinate legislation is to be made.

Acts are usually general in nature, establishing broad principles. Subordinate legislation will contain the many details necessary to ensure that the Act will operate successfully.

Subordinate or delegated legislation is a generic term for a variety of legislative instruments including:

Statutory Rules

A broad term, it is also another name by which subordinate legislation is referred to. The bound annual volumes of Commonwealth subordinate legislation are entitled Statutory Rules made under Acts of the Parliament of the Commonwealth of Australia. A prefatory note in the 1979 annual volume states that 'Commonwealth Statutory Rules are rules, regulations or by-laws made by the Governor General under an Act of Parliament. Rules made under an Act and relating to the procedure and practice of a court are also statutory rules' (p. vii).

Regulations

The most commonly used term for subordinate legislation. This term applies to legislation of general application made by a minister, governor general or governor.

Ordinances

This name is commonly given to legislation of the Territories. Today, the Territories have the power to make their own Statutes. This term is also used under local government legislation in NSW.

By-laws

Usually refers to subordinate legislation which is in some way limited in its application. It is usually given to the rules made by local councils or statutory bodies such as universities. For example, under The University of New South Wales Act 1989, regulations and by-laws are made.

Rules

These tend to be made by courts and usually deal with procedural matters.

Other types of delegated legislation are: notices, orders and proclamations and statutory instruments.


Notification and Commencement

Commonwealth regulations must be notified in the Government Gazette stating that regulations have been made and where they are available. For New South Wales, Queensland and South Australia, the statutory rule must be notified and published in the government gazette of the legislating state. Commonwealth regulations commence on the date of notification in the Gazette. For New South Wales, the date of commencement is the date of publication or another date specified.


Finding and Updating Subordinate Legislation

Subordinate legislation is similar in format to Acts, and like Acts are published first as numbered pamphlets and later in bound volumes. They can be amended and repealed, and so need to be updated.

Commonwealth:

TimeBase has numbered and consolidated regulations in one alphabetical list.

The print version for numbered regulations for the current year and reprinted regulations are held in Law Reserve. Bound yearly volumes are held at L/KH21/A1.

Commonwealth Regulations can also freely available on the internet via SCALEPlus and AustLII.

Updating:

a) The Federal Statutes Annotations (held at L/KH15/F73) lists regulations pertaining to each Act. It provides information about the date of the latest reprint, amendments made since the last reprint and if any regulations have been repealed. The Commonwealth Statutes Annotations (held at L/KH15/F73) provides similar information.

b) Information can be further updated by referring to the "Cumulative Legislation Tables" and "Legislation Index" in the Australian Legal Monthly Digest (online on Complete Legal Research or in print in the Digest Area). Australian Current Law, Legislation also provides this information in its "Cumulative Table of Reprinted Regulations/Rules" and the "Cumulative Table of Regulations and Rules Made and Amended". The "Statutory Rules Tables" that are found in the bound annual volumes will also provide reprint and repeal information for the year covered.

Finally, the Commonwealth of Australia Gazette: Government Notices will provide you with up-to-date information regarding the latest statutory rules.
Print: SQ354.9406/1 (held in the Main Library building, Level 4)

If the regulation has not been reprinted:
a) Use the Federal Statutes Annotations or Commonwealth Statutes Annotations, including supplements, to ascertain regulations made since the passing of the Act.

b) Update using Australian Legal Monthly Digest on Complete Legal Research, or Federal Statutes Annotations and the Gazette.

Note: The Legislative Instruments Bill 1996 (Cth) establishes some comprehensive changes to the making, registration, publication and repealing of Commonwealth subordinate legislation. The Bill consolidates into one Act existing procedural requirements found in the Acts Interpretation Act 1901 (Cth) and the Statutory Rules Publication Act 1903 (Cth). The Act also proposes that, in future, all Legislative Instruments (as statutory instruments will be known) will be available in in a series called The Federal Register of Legislative Instruments. They will no longer be announced in the Commonwealth Gazette.

New South Wales:

The print version for numbered regulations for the current year and reprinted regulations are held in Law Reserve. Bound yearly volumes are held at L/KH67/N1.

TimeBase has numbered and consolidated regulations in one alphabetical list. NSW regulations can also be found on NSW Legislation Homepage, or, AustLII.

Regulations are initially printed in the Government Gazette of the State of New South Wales and are then produced in pamphlet form. The gazette is held in the Main Library building, Level 4 at SQ354.94406/1.

Updating:

a) New South Wales Statutes Annontations contains gazette and reprint information regarding regulations, by-laws, rules, environmental planning policies and other statutory instruments. It also contains information about the staged repeal of subordinate legislation. The current issue is kept at the Law Library Information desk.

b) Information can be further updated by using the appropriate tables in [[Australian Legal Monthly Digest (on Complete Legal Research), or Australian Current Law, Legislation.

If the regulation has not been reprinted:
a) Check the table of "Principal Statutory Instruments" found in the latest annual bound volumes of N.S.W. Rules, Regulations & By-laws. The table provides you with cumulative information about regulations in force made under the delegating Act. Or use the Statute Annotations to ascertain regulations made since the passing of the Act.

b) Update your information using Australian Legal Monthly Digest, Australian Current Law, Legislation, or the Government Gazette.

A systematic review of statutory rules has been underway since 1985. In the Subordinate Legislation (Repeal) Act 1985, s 3 repeals a large amount of subordinate legislation. Sections 10, 11 and 12 of the Subordinate Legislation Act 1989 decree that on a specified date, subordinate legislation ceases to have effect. These are known as "sunset clauses". The major effects are:

  • the staged repeal of statutory rules according to a set timetable (e.g. any rule published on or after 1 September 1990 will be repealed on 1 September 1995).
  • new rules have to comply with guidelines for their preparation. This will ensure appropriate consultation with interested parties.
  • a "Regulatory Impact Statement" must be made (i.e. a statement of objectives of the rule, an assessment of the social and economic costs and benefits).
Some statutory instruments, such as [[italic|Rules of Court]] are excluded. Similar legislation is also operating in Queensland, South Australia, Tasmania and Victoria.

Queensland:

Bound yearly volumes of regulations are held by the Law Library.
Print: LQ/KH88/Q2
Numbered and consolidated regulations available online via TimeBase, or AustLII.

South Australia:

Number regulations are available at LQ/KH105/S2, with consolidations at LQ/ KH107/S1.
Numbered and consolidated regulations available online via TimeBase, or AustLII.

Tasmania:

Bound yearly volumes of regulations are held at L/KH128/T1, with the current year is held in Law Reserve.
Numbered and consolidated regulations available online via AustLII.

Victoria:

Bound yearly volumes of regulations are held at L/KH148/V1.
Numbered and consolidated regulations available online via TimeBase, or AustLII.

Western Australia:

Numbered and consolidated regulations available online via TimeBase, or AustLII.

Australian Capital Territory:

Bound yearly volumes of regulations are held at L/KH205/A1.
Numbered and consolidated regulations available online via TimeBase, or AustLII.

Northern Territory:

The bound yearly volumes of regulations are held at L/KH185/N1.
Numbered and consolidated regulations available online via AustLII.