Researching Legislation
When we are researching legislation, the sort of questions we might ask are:
- how can you find legislation that deals with a particular subject or topic, if you don't know the name of the relevant Acts?
- once you have identified the relevant legislation, where can you locate the Act, in print or online?
- how can you tell if an Act is up-to-date (that is, incorporates all the operative amending Acts that affect your principal Act?)
- how can you find the legislative history of an Act (i.e. assent and commencement dates, amending Acts, etc)?
- how can you find whether there has been any judicial interpretation of an Act, or provision of an Act (Noting-Up)?
Contents
Terminology
Acts, statutes, legislation
These terms are often used interchangeably and denote enactments of Parliament
Bills
The legislative form of legislation before it is enacted
Explanatory Memorandum (EMs)
EMs are often issued with a Bill to explain the Bill in plain English
Hansard
The common term for parliamentary debates. For all the Australian jurisdictions there are 2 series of Hansards for the lower and upper Houses of Parliament, i.e. in South Australia we have the debates of the House of Assembly, and the debates of the Legislative Council
Proclamation
Refers to a proclamation by the Governor which is published in the Gazette for that jurisdiction
Second Reading Speech speech
Parliamentary speech given by the Minister who introduces a Bill into Parliament, dependent on the ministerial responsibility. Speeches are usually indexed by Minister and by subject, i.e. Bill – [Title of Bill]
Subsidiary legislation, delegated legislation, rules, regulations
Terminology used interchangeably to denote laws made by a person or body to whom Parliament has by Statute, delegated law-making authority
Dates to Note
Assent
Date of Assent to a Bill given by the Governor in Council
Commencement
Date the Act comes into operation. It is not uncommon for different sections of an Act to commence at different times. South Australian legislation which provides no date of commencement comes into operation on the day of assent : s.7 Acts Interpretation Act 1915 (SA).
Gazettal
Date the Act is "gazetted" in the Government Gazettes. This gazettal usually provides Assent and Commencement information on legislation
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