1 researching singapore, uk & australian legislation content by: lee su-lin & carol wee © c...

74
1 Researching Singapore, UK & Australian Legislation Content by: Lee Su-Lin & Carol Wee © C J Koh Law Library 2005-2015 Parliament of Australia Houses of Parliament, UK Parliament of Singapore

Upload: riley-linden

Post on 15-Dec-2015

214 views

Category:

Documents


0 download

TRANSCRIPT

1

Researching Singapore,UK & Australian Legislation

Content by: Lee Su-Lin & Carol Wee© C J Koh Law Library 2005-2015

Parliament of Australia

Houses of Parliament, UK

Parliament of Singapore

2

This tutorial is designed for the purpose of training first year law students on the LARC programme to research legislation for Singapore, UK and Australia.

No part of this publication may be reproduced or transmitted in any form or by any means, including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the author. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.

No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work.

© C J Koh Law Library 2005-2015

3

Researching Singapore, UK & Australian Legislation

Main Contents

1. Singapore Legislation p.4

2. UK Legislation p.38

3. Australian Legislation p.57

4

Singapore Legislation

The 2 main sources of legislation in Singapore today are:

Introduction

I. Statutes of the Republic of Singapore (primary legislation) Print: K7399 1985

II. Subsidiary Legislation of the

Republic of Singapore

(secondary legislation) Print: K7449 1990

5

Singapore LegislationThe Legislative Process

The Legislature, the law-making body in Singapore, is made up ofo the President o the Parliament of Singapore.

A Bill becomes law (i.e. an Act) when it iso passed by Parliament and o assented to by the President.

But an Act only comes into force ono a date determined by the Minister ando notified by a Commencement Notification in the Government Gazette.

6

Singapore LegislationThe Legislative Process

On the following page is an account of the legislative process in a nutshell.

This relates only to Government Bills.

The passage of the Act is traced from its origins as a Bill to the time it is gazetted.

In its passage through Parliament, every Bill must go through the following stages: • Introduction and First Reading • Second Reading • Committee stage• Third Reading.

7

Singapore LegislationThe Legislative Process

Attorney-General’s ChambersDrafting and VettingGovernment bill

Introduction/First Reading•Bill•Parliamentary debate

Second Reading•Bill•Parliamentary debate

Committee Stage

Committee of thewhole House•Bill•Parliamentary debate

Select Committee•Bill•Select Committee report

From Bill to Act:

Parliament

Third Reading•Bill•Parliamentary debate

Presidential Council for Minority Rights Bill

Presidential AssentBill to Act

Government PrinterGazettingAct

During the Second Reading, the Minister who moves the Bill gives a speech to explain the objects of the Bill. Parliament may then debate on the merits of the Bill.

The Bill is considered by a Committee of the whole Parliament which is empowered to make amendments to the Bill. In special cases, the Bill may be referred to a Select Committee comprising several MPs. The Committee can seek comments from the public on the Bill. The Committee may make amendments and submit them for consideration with the Select Committee’s Report to the Committee of the whole Parliament.

If the Council feels that certain provisions are discriminatory, it will refer the Bill back to Parliament to consider amending the Bill.

Amendments to the Bill may be proposed and adopted. The Bill is then put to vote.

.

This is usually a formality. Once the President assents to a Bill, it becomes an Act of Parliament

During the First Reading, the Bill is first introduced in Parliament. The long title of the Bill is read aloud by the MP and there is no debate.

8

Singapore LegislationThe Legislative Process

Bills Supplement

E.g. Fire Safety (Amendment) Bill 2013

The Bills Supplement is published in the Government Gazette.

The Explanatory Statement is found at the back of the Bill. It is useful for research as it explains the content and purpose of the Bill.

Print: K7499 SBOnline: Parliament

From Bill to Act: Taking a Closer Look at the Documents

9

Singapore LegislationThe Legislative Process

Print: J618 SLAD

Parliamentary Debate (Hansard)

From Bill to Act:

Printed volumes of Parliamentary Debates or Parliament Official Reports are available in the Singapore-Malaysia Collection of the Law Library. However, these are no longer published annually.

For the latest debates, refer to the Parliament website.

10

Singapore LegislationThe Legislative Process

Parliamentary Debate (Hansard)

From Bill to Act:

The second reading is of particular importance as it contains the discussion of the motion moved by the Minister and is usually the most substantial debate that takes place on a bill.

It is thus used in legal research to understand the motivation or purpose of a bill and is useful for statutory interpretation.

Online: Parliament

E.g. Second reading of the Fire Safety(Amendment) Bill

11

Singapore LegislationThe Legislative Process

Select Committee Report

From Bill to Act:

Sometimes ad hoc select committees are set up on a motion approved by the House to deal with Bills. Select committees tend to be formed on bills which affect the everyday life of the public such as the Maintenance of Parents Bill and the Advance Medical Directive Bill.

Select Committees on Bills may call for witnesses and send for documents and records. The Committee will then report its findings back to the House.

Print: K7524 …Online: Parliament

12

Singapore LegislationThe Legislative Process

Acts Supplement

From Bill to Act:

Acts and Amendment Acts are published in the Acts Supplement of the Government Gazette.

Brand new Acts and revised Acts will, on the advice of the Attorney-General’s Chambers, be re-printed by the Singapore government printer as a Revised Edition in a format that contains the short title and chapter on the front cover.

Print: K7399 SAOnline: eGazette

E.g. Fire Safety (Amendment) Act 2013

13

Singapore LegislationThe Legislative Process

Commencement Notification

From Bill to Act:

An Act will only come into force on a date determined by the Minister in charge of Act and notified by a Commencement Notification in the Gazette.

This is published in the Subsidiary Legislation Supplement.

Print: K7399 SAOnline: eGazette

E.g. Fire Safety (Amendment) Act 2013 (Commencement) Notification 2013(S 536 of 2013)

14

Singapore LegislationThe Legislative Process

For details on the legislative process, refer to the following websites:

Attorney-General’s Chambers of Singapore, The Legislative Process, https://app.agc.gov.sg/What_We_Do/Legislation_and_Law_Reform_Division/The_legislative_process.aspx

Parliament of Singapore, How are Laws Made?http://www.parliament.gov.sg/sites/default/files/Edu%20Factsht%206%20-How%20are%20Laws%20Made%20%282012%29.pdf

See also:

Parliament of Singapore, Standing Orders, http://www.parliament.gov.sg/sites/default/files/Standing%20Orders%20%282010%29.pdf

Parliament of Singapore, Parliamentary Glossary, http://www.parliament.gov.sg/publications/a

From Bill to Act:

15

Singapore LegislationThe Legislative Process

The Next Stage:i. Subsidiary Legislation

An Act generally sets out broad guidelines and principles. More detailed rules may be necessary to implement the law. To fulfil this need, laws called Subsidiary Legislation are drawn up by the Ministers or other administrative agencies. Many Acts will contain an ‘enabling’ section to allow the Minister to issue rules and regulations to implement the principles laid out in the Acts.

E.g. Central Provident Fund Act (Cap. 36, 2013 Rev. Ed.):To date, 37 Regulations and 10 Rules have been made pursuant to powers given to the Minister under the main statute. They range from regulations that cover the use of CPF funds for housing and medical fees to rules on the nomination of persons upon death of the CPF account holder.

16

Singapore Legislation

The Next Stage:ii. Amendments to Acts

The Legislative Process

An Act may subsequently be amended.

This can be done in 2 ways. By:i.Act supplement – this will need to be passed by Parliamentii.Subsidiary legislation supplement.

E.g. The Misuse Of Drugs Act (Cap. 185, 2001 Rev. Ed.) was amended by:•Misuse of Drugs (Amendment) Act 2006 (Act 2 of 2006)•Dentists (Amendment) Act 2007 (Act 22 of 2007)•Misuse of Drugs Act (Amendment of Fourth Schedule) Order 2007 (S 402/2007)

17

Singapore Legislation

The Next Stage:iii. Revised Editions of Acts

The Legislative Process

Amendments to Acts are incorporated into the current (consolidated) version of Acts which are available through Singapore Statutes Online.

However, only the revised edition of an Act is authoritative and is, in all courts and for all purposes, the sole and only proper law in respect of those Acts.

The Law Revision Commission (LRC) revises Acts, particularly after substantial amendments have been made to them.E.g. Misuse of Drugs Act (Cap. 185, 2008 Rev. Ed.)

18

Singapore LegislationThe Legislative Process

Earlier Revised Editions of the Singapore Statutes

1970 Rev. Ed.1955 Rev. Ed. 1985 Rev. Ed.

The Next Stage:iii. Revised Editions of Acts (contd.)

19

Singapore LegislationThe Next Stage - Summary:

The Act Amendments to Act

Substantial amendmentsto Act:Revised Edition of Act(authoritative version)Print: K7399 1985

Act SupplementE.g. 20 of 1998Print: K7399 SA

Subsidiary LegislationSupplementE.g. S 404/2000Print: K7449 SLS

Consolidation of amendments:Consolidated Version of ActOnline: http://statutes.agc.gov.sg/

•Bill•Parliamentary debate

Rules madepursuant to Act:SubsidiaryLegislationPrint: K7449 1990

The Legislative Process

Singapore LegislationLegislative History

Short title andChapter no.

Original Act

Current Rev. Ed.Date current Rev. Ed. came into effect

Previous Rev. Eds.

1994 Rev. Ed. amended by:Act Supplements&Subsidiary LegislationSupplements

E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.)

21

Singapore LegislationLegislative History

The Legislative History of the Companies Act is located towards the back of the Act.

This is a useful research tool as it contains the list of Acts that amended the earlier editions of the Companies Act, together with information on related Parliamentary Debates.

E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.)

Singapore LegislationLegislative History

Changes to “Principal Act” (1994 Rev. Ed.) made by:• Amendment Act

• Other amending Acts

Dates ofreading ofParliamentaryDebates

Dates of commencementof Amendment &amending Acts

E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.)

23

Singapore LegislationLegislative History

For changes to the current Rev. Ed. of the Companies Act, refer to the list of amendments on Singapore Statutes Online: http://statutes.agc.gov.sg/. The legislative history is located in the top panel on the first page.

E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.)

24

Singapore LegislationHistory of the Acts

Today, Acts are laws passed by Parliament and assented to by the President.

In earlier times, bodies like the Legislative Council of the Straits Settlements and Singapore Legislative Assembly had power to legislate for Singapore. Different terminology was used to refer to legislation, e.g. Ordinances. Such legislation may still be in force today if they have not been repealed.

Therefore, legislation in force today may emanate from different periods of legislative history (see table on next slide).

25

Singapore Legislation

Period Title of Legislation

1823 Raffles Regulations (validity disputed)

1830 Penang Governor’s Regulations (validity of some disputed)

1830-1834 Bengal Regulations

1834-1867 Indian Acts

1867-1942 Straits Settlements Acts and Ordinances

1942-1945 Japanese Military Administration Proclamations, Legislative Enactments, etc. (all repealed by the British Military Administration after the war)

1945-1946 British Military Administration Proclamations

1946-1959 Colony of Singapore Acts and Ordinances

1959-1963 Colony of the State of Singapore Acts and Ordinances

1963-1965 Federation of Malaysia Acts of Parliament/

State of Singapore Acts of the Legislature

1965- Statutes of the Republic of Singapore

History of the Acts

26

Singapore LegislationWhere to Find It

1a. Modern Acts

Version Location

Rev. Ed. (print)•1985-

•1970•1955

•*K7399 1985(Current Rev. Eds. located at Law Library Loans Desk)

•*K7399 1970•*K7399 1955

Consolidated version

(online)

• Singapore Statutes Online http://statutes.agc.gov.sg/

• LawNetAccess via Faculty of Law Resources

*Refer to LINC for exact location in library

27

Singapore LegislationWhere to Find It

1b. Acts Supplement

Version Location

Print (1965-) *K7399 SA

Online • Singapore Statutes Online http://statutes.agc.gov.sg/

• LawNetAccess via Faculty of Law Resources

• eGazetteAccess via PC at C J Koh Law Library

*Refer to LINC for exact location in library

28

Singapore LegislationWhere to Find It

2a. Subsidiary Legislation

Version Location

Rev. Ed. (1990-)

(print)

*K7449 1990(Updated set in Singapore-Malaysia Collection)

Consolidated version

(online)

• Singapore Statutes Online http://statutes.agc.gov.sg/

• LawNetAccess via Faculty of Law Resources

*Refer to LINC for exact location in library

29

Singapore LegislationWhere to Find It

2b. Subsidiary Legislation Supplements

Version Location

Print (1965-) *K7449 SLS

Online • Singapore Statutes Online http://statutes.agc.gov.sg/

• LawNetAccess via Faculty of Law Resources

• eGazetteAccess via LINC

*Refer to LINC for exact location in library

30

Singapore Legislation

3. Bills (including Explanatory Statements

& Table of Derivations)

Version Location

Government Gazette. Bills Supplement (1963-)

Supplement to the Government Gazette (1947-1962)

(print)

*K7499 SB

*K7449 S

Government Gazette. Bills Supplement (2004-)

(online)

Parliament of Singaporehttp://www.parliament.gov.sg/publications/Bills-Introduced

*Refer to LINC for exact location in library

Where to Find It

31

Singapore Legislation

4. Parliamentary Debates or Hansard

Version Location

Parliamentary Debates: Official Report;incl. Legislative Assembly Debates (1956-)

(print)

*J618 SLAD

Singapore Parliament Reports (1955-)

(online)

Proceedings of the Legislative Council of the Straits Settlements(online)

Parliament of Singapore: http://www.parliament.gov.sg/publications-singapore-parliament-reports

Straits Settlements sessional papers, 1855-1940 [electronic resource] : CO 275Access via LINC

*Refer to LINC for exact location in library

Where to Find It

32

Singapore Legislation

5. Select Committee Reports

Version Location

Report of the Select Committee on the … (1950-)

(print)

*K7524 …

Select Committee Reports (1955-)

(online)

Parliament of Singapore:http://www.parliament.gov.sg/publications-select-committee-reports

*Refer to LINC for exact location in library

Where to Find It

33

Singapore LegislationResearch Tools

Task Search Aid

1. Finding legislation

a. Current

Print:• Alphabetical List of Public ActsRef: K7399 1985 (at Law Library Loans Desk)

Online:• Singapore Statutes Onlinehttp://statutes.agc.gov.sg/

• LawNet Access via Faculty of Law Resources

• eGazetteAccess via PC at C J Koh Law Library

34

Singapore LegislationResearch Tools

Task Search Aid

1. Finding legislation

b. Earlier and historical

• Tables of the Written Laws of the Republic of Singapore: 1819-1971*Ref: K7574 1971

• Tables of the Written Laws of the Republic of Singapore (1982)*Ref: K7574 1982

• Sesquicentennial Chronological Tables of the Written Laws of the Republic of Singapore: 1834-1984*Ref: K7574 1984

*Refer to LINC for exact location in library

35

Singapore LegislationResearch Tools

Task Search Aid

2. Finding whether legislation has been cited in a case

Print:• Mallal’s Digest Legislation Citator:

1932 to 2006*Ref: K7599.3 Md 2007

• Singapore Law Reports (Reissue): Table Of Legislation Referred To: 1965 to 2009*Ref: K7599 SLR

Online:

LawNetAccess via Faculty of Law Resources

*Refer to LINC for exact location in library

36

Singapore LegislationResearch Tools

Task Search Aid

3. Statutory interpretation

•Parliamentary debates (slide 31) orselect committee reports (slide 32)

•Explanatory statements in bills (slide 30)

•Butterworths Annotated Statutes of Singapore Ceased publication but useful for older editions of Acts

Ref: K7399 Sbas

•Halsbury’s Laws of SingaporeRef: KE5011 Hal

•Treatises e.g. textbooksSearch LINC for availability of books

•Journal articlesSearch LawNet: Law students access via Faculty of Law Resources

37

Singapore LegislationReferences

For details on statutory laws in general: Helena H.M. Chan, The Legal System of Singapore (Singapore: Butterworths, 1995). Ref: KE5020 Cha

Robert C. Beckman, Brady S. Coleman & Joel Lee, Case Analysis and Statutory Interpretation, 2nd ed. (Singapore: Faculty of Law, National University of Singapore, 2001). Ref: KE5280 Bec

For detailed historical accounts of the Acts: Elizabeth Srinivasagam, comp., Tables of the Written Laws of the Republic of Singapore 1819-1971 (Singapore: Malaya Law Review, 1972). Ref: K7574 1971

G.W. Bartholomew, Elizabeth Srnivasagam & Pasca Baylon Netto, Sesquicentennial Chronological Tables of the Written Laws of the Republic of Singapore 1834-1984 (Singapore: Malaya Law Review, 1987). Ref: K7574 1984

Michael F. Rutter, The Applicable Law in Singapore and Malaysia: a Guide to Reception, Precedent and the Sources of Law in the Republic of Singapore and the Federation of Malaysia (Singapore: Malayan Law Journal, 1989). Ref: KE5020 Rut

38

UK LegislationIntroduction

The United Kingdom of Great Britain and Northern Ireland consists of 4 countries forming 3 distinct jurisdictions, being England and Wales; Scotland and Northern Ireland.

Since 1999, Scotland and Northern Ireland have had legislative bodies capable of producing primary legislation for those regions. In Wales, the powers of the National Assembly are limited to producing only secondary legislation.

© 2005 Travelonline.com

39

UK LegislationIntroduction

The scope of this tutorial will be limited to researching legislation produced by the United Kingdom Parliamentfor the entire region.

UK legislation is of great relevance to Singapore as many of our statutes originated or were derived from UK Acts.

The Application of English Law Act (Cap. 7A, 1994 Rev. Ed. Sing.) specifies which English enactments continue to apply in Singapore, subject to necessary modifications.

40

UK LegislationIntroduction

The 2 main categories of UK legislation are:I. Acts of Parliament (primary legislation) a. Public General Acts b. Local and Personal Acts

This tutorial will focus on Public General Acts.

II. Statutory Instruments (secondary legislation)This is a generic term used for orders, regulations, rules, codes etc. generally made by government ministers under powers delegated by Parliament.

41

UK LegislationWhere to Find It

There are several sources of full text Acts of Parliament.

It is important to distinguish between sources which• give the law as it currently stands - incorporate repeals or amendments made since the Act was passed (e.g. Halsbury’s Statutes)

and

• sources which give the text of the statute as it was originally published (e.g. Queen Printer’s copy)

42

UK LegislationWhere to Find It

1a. Acts of Parliament (as originally enacted)

Version Notes Location

Public General Acts.

Queen’s Printer copy

Individual Acts.1988-(selected statutes fr. 1267-1987)

legislation.gov.uk: http://www.legislation.gov.uk/

Public General Acts …

Annual bound volumes.• 1952-• 1866-1951

•*K2011 PG •*K2011 P

The Law Reports. Statutes

Reprint of the Public General Acts.

1987-2003

*K2011 PCL Closed Stacks

*Refer to LINC for exact location in library

43

UK LegislationWhere to Find It

1a. Acts of Parliament (as originally enacted)

Version Notes Location

Current Law Statutes Annotated

Contains annotations.

1966/67, 1973, 1979-

*KB3 CLSA

*Refer to LINC for exact location in library

44

UK LegislationWhere to Find It

1b. Acts of Parliament (Revised; incorporate amendments)

Version Notes Location

Revised legislation The official revised edition of the primary legislation of the United Kingdom

legislation.gov.uk: http://www.legislation.gov.uk/

Halsbury’s Statutes of England and Wales (4th ed.)

Includes annotations

*K2016 Hal

LexisNexis UK (Butterworths) Statutes of England and Wales

Amended text of all Acts in force

Lexis Singapore:Access via NUS Libraries Portal

*Refer to LINC for exact location in library

45

UK LegislationWhere to Find It

2. Early English Statutes

Version Notes Location

Statutes at Large

(generic title)

1225-1865.

Includes Magna Carta

*K2011 LP

Statutes of the Realm 1235-1713.

Includes charters from 1101-1301

*K2016 StaLW Closed Stacks

Acts and Ordinances of the Interregnum

1642-1660 *K2015 FirCL Closed Stacks

*Refer to LINC for exact location in library

46

UK LegislationWhere to Find It

3. Statutory Instruments

Category Notes Location

Statutory Instruments • Print. Original. 1956-2004

• Online. Original and revised legislation

• *K2012 SI

• legislation.gov.uk: http://www.legislation.gov.uk/

Statutory Rules & Orders and Statutory Instruments Revised to December 31, 1948

- *K2012 1948

LexisNexis UK (Butterworths) Statutory Instruments of England and Wales

Amended text of all public general SIs currently in force

Lexis Singapore:Access via NUS Libraries Portal

*Refer to LINC for exact location in library

47

UK LegislationWhere to Find It

UK Statutes and Statutory Instruments

48

UK LegislationWhere to Find It

4. Bills (including Explanatory Notes)

Version Location

Public Bills

(print)

-

Public Bills Before Parliament.

2002-(online)

United Kingdom Parliament:http://www.parliament.uk/business/bills-and-legislation/

Bills.

1801-2004

(online)

House of Commons Parliamentary Papers:Access via NUS Libraries Portal

49

UK LegislationWhere to Find It

5. Parliamentary Debates: Official Report or Hansard

Category Location

House of Commons• Print: 1909-1984

• Online: 1988-

1803-2004

•*J301 H2CCL Closed Stacks

•United Kingdom Parliament:http://www.parliament.uk/business/publications/hansard/commons/

http://hansard.millbanksystems.com/commons

*Refer to LINC for exact location in library

50

UK LegislationWhere to Find It

5. Parliamentary Debates: Official Report or Hansard (contd.)

Category Location

House of Lords• Print: 1909-1985

• Online: 1995-

1803-2005

•*J301 H2LCL Closed Stacks

•United Kingdom Parliament:http://www.parliament.uk/business/publications/hansard/lords/

http://hansard.millbanksystems.com/

*Refer to LINC for exact location in library

51

UK LegislationReference Tools

In this section, only reference tools for researching modern UK Acts will be dealt with.

Research tools in LW Reference 1

52

UK LegislationReference Tools

UK Acts

Task Search Aid

1. Finding Acts *Print:•Halsbury’s Statutes: Consolidated Index …

Including Alphabetical and Chronological Lists of Statutes Printed in the volumes *Ref: K2016 Hal

•Chronological Table of the Statutes

(1235-1964; 1965-1988; 1989-2012)*Ref: K2017 Gre

•Index to the Statutes

(1235-1990)*Ref: K2017 Gre

*Refer to LINC for exact location in library

53

UK LegislationReference Tools

UK Acts

Task Search Aid

1. Finding Acts (contd.)

Online:•Legislation.co.uk http://www.legislation.gov.uk/

•Lexis Singapore (LexisNexis UK Statutes of England and Wales)Access via NUS Libraries Portal

54

UK LegislationReference Tools

UK Acts

Task Search Aid

2. Finding if an Act has been amended

Halsbury’s Statutes Citator …*Ref: K2016 Hal

3. Is an Act in Force?•Commencement dates

•Repeal of sections or Acts

Is It In Force? …*Ref: K2016 Hal

4. Finding whether an Act has been cited in a case

•Current Law Legislation Citator*Ref: KB3 CLL

•Halsbury’s Statutes Citator …*Ref: K2016 Hal

•JustCiteOnline: access via NUS Libraries Portal

*Refer to LINC for exact location in library

55

UK LegislationReference Tools

UK Acts

Task Search Aid

5. Interpretation of Acts (contd.)

•Parliamentary debates (slide 49 or 50) or

•Explanatory notes in bills (slide 48)

•Current Law Statutes Annotated *Ref: KB3 CLSA

•Halsbury’s Statutes of England and Wales *Ref: K2016 Hal

•Halsbury’s Laws of England

*Ref: KB11 Hal

See also:

•Treatises e.g. textbooksSearch LINC for availability of books

•Journal articlesSearch journal databases on NUS Libraries Portal

56

UK LegislationReferences

• Faculty of Law & Bodleian Law Library, Legislation, online: <http://denning.law.ox.ac.uk/lrsp/overview/legislation.php>

• Sarah Carter, A Guide to the UK Legal System, online: GlobaLex < http://www.nyulawglobal.org/globalex/United_Kingdom1.htm>

• Stephen Young, Researching Primary Legislation of the United Kingdom, online LLRX.com: <http://www.llrx.com/features/uklegis.htm>.

Australian LegislationIntroduction

The Commonwealth of Australia is a federation of states. As such, Australian citizens are subject to laws made by both the Commonwealth Parliament and the parliament of the state or territory in which they reside.

Copyright © 2009 Department of Immigration and Citizenship, Australian Government57

58

Australian LegislationIntroduction

Australian legislation is of relevance to Singapore as some of our Acts are derived from Australian statutes.

E.g. The Torrens system of conveyancing was introduced into Singapore by the Land Titles Ordinance 1956 which was based on the New South Wales Torrens legislation.

Many sections of the Companies Act (Cap. 50, 2006 Rev. Ed.) are closely aligned with the Australian statute.

59

Australian LegislationIntroduction

This scope of this tutorial will be limited to researching Commonwealth legislation only.

The 2 main categories of Australian legislation are:I. Acts of the Parliament of the Commonwealth of Australia (primary legislation)

II. Statutory Rules made under the Acts of the Parliament of the Commonwealth of Australia (secondary legislation).

60

Australian LegislationWhere to Find It

1. Acts of the Parliament

Version Notes Location

Acts of the Parliament of the Commonwealth of Australia passed during the year ...

•Print. 1901-2010

•Online.1901-

•*K9002 AA

•ComLaw:

http://www.comlaw.gov.au/

Reprinted Acts 1979-2010 *K9002 R

Compilations(Consolidated)

Current/Superseded versions (point-in-time)

ComLaw:

http://www.comlaw.gov.au/

*Refer to LINC for exact location

61

Australian LegislationWhere to Find It

Acts of ParliamentRef: K9002 AA

62

Australian LegislationWhere to Find It

2. Statutory Rules

Version Notes Location

Statutory rules made under … during the year …

•Print. 1959-2004

•Online. 1913; 1921-

•*K9003 1956 S

•ComLaw:

http://www.comlaw.gov.au/

Reprinted Statutory Rules

1979-2009 *K9003 R

Compilations

(Consolidated)

Current/Superseded versions (point-in-time)

ComLaw:

http://www.comlaw.gov.au/

*Refer to LINC for exact location

63

Australian LegislationWhere to Find It

3. Bills (including Explanatory Memoranda)

Version Location

Print -

Online

(1996-)

Parliament of Australia: http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation

64

Australian LegislationWhere to Find It

4. Parliamentary Debates or Hansard

Version Location

Print -

Online

(1901-)

Parliament of Australia: http://www.aph.gov.au/Parliamentary_Business/Hansard

Note: There are two Houses of Parliament. Parliamentary Debates are contained In the Senate Hansard and House of Representatives Hansard.

65

Australian LegislationResearch Tools

Search Aid Location

Australian Current Law Legislation (ACL-L)

Australian Legal Monthly Digest (ALMD)

Commonwealth Statutes Annotations (CSA)

Federal Statutes Annotations: Consolidation (FSA)

*KB3 ACLL

*K9006 LMD

*K9002 1973 SA

*K9006.5 Fsa

The main tools for researching Australian legislation are listed below. However, only their use in relation to modern Australian Acts will be covered here. On the following slides, these tools will be referred to by abbreviations in the brackets below.

*Refer to LINC for exact location

66

Australian LegislationResearch Tools

Australian research tools in LW Reference 1

67

Australian LegislationResearch Tools

Commonwealth Acts

Task Search Aid

a. Finding Acts Print:

FSA

“Table of Principal Acts” in Volume 1

or• Wicks Subject Index to Commonwealth Legislation

Print: K9002 WSI

Update Wicks using:

• ACL-L

“Cumulative Table of Acts Passed”

• ALMD

“Cumulative Tables: Legislation Index” (by subject)

68

Australian LegislationResearch Tools

Commonwealth Acts

Task Search Aid

a. Finding Acts Online: ComLawhttp://www.comlaw.gov.au/

AustLii (for state legislation)http://www.austlii.edu.au/forms/search1.html

69

Australian LegislationResearch Tools

Commonwealth Acts (contd.)

Task Search Aid

b. Finding if an Act has been amended

Print:

•ACL-L (current year)

“Cumulative Table of Amended Acts”

•ALMD (current year)

“Cumulative Tables: Table of Legislation Affected”

•CSA

•FSA

Online:ComLaw

http://www.comlaw.gov.au/

70

Australian LegislationResearch Tools

Commonwealth Acts (contd.)

Task Search Aid

c. Finding if an Act has been repealed

•ALMD (current year)

“Cumulative Tables: Table of Legislation Affected”

•CSA

•FSA : Repealed Legislation to 2012

d. Finding whether an Act has been cited in a case

Print:

•ALMD (current year)

“Cumulative Tables: Legislation Judicially Considered”

•CSA

•FSA

Online:LexisNexis AU

71

Australian LegislationResearch Tools

Commonwealth Acts (contd.)

Task Search Aid

e. Interpretation of Acts

•Parliamentary debates (slide 64)

•Explanatory memoranda in bills (slide 63)

•CSA

•FSA

•Halsbury’s Laws of AustraliaPrint: KB11 HlaOnline: LexisNexis AU

•The Laws of AustraliaPrint: KB11 Laa

72

Australian LegislationResearch Tools

Commonwealth Acts (contd.)

Task Search Aid

e. Interpretation of Acts (contd.)

See also:•Treatises e.g. textbooksSearch LINC for availability of books

•Journal articlesSearch journal databases on NUS Libraries Portal

73

Australian LegislationReferences

• Bruce Bott & Ruth Talbot-Stokes, Nemes and Coss' Effective Legal Research, 5th ed. (Chatswood, N.S.W. : LexisNexis Butterworths, 2012).Ref: KB280 Bot 2012

• Catriona Cook, et al., Laying Down the Law, 8th ed. (Chatswood, N.S.W.: LexisNexis Butterworths, 2009).Ref: KB280 Lay 2012

• Nicholas Pengelley & Sue Milne, Researching Australian Law, online: LLRX <http://www.llrx.com/features/researchingaustralianlaw.htm>.

• Robert Watt & Francis Johns, Concise Legal Research, 6th ed. (Sydney: Federation Press, 2009).Ref: KB280 Wat 2009

74

You have reached the end of this tutorial.

If you have any queries, email [email protected] or speak to a librarian at the C J Koh Law Library Information Desk: 6516 2043.

For feedback, send an email to: [email protected]

Updated for online lecture on 9 October 2014© C J Koh Law Library 2005-2015