Transcript Legislation - NUS Libraries - National University of Singapore

Parliament of Singapore
Researching Singapore,
UK & Australian
Legislation
Houses of Parliament, UK
Parliament of Australia
1
Content by Lee Su-Lin & Carol Wee
© C J Koh Law Library 2005-2015
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.
2
© C J Koh Law Library 2005-2015
Researching Singapore, UK & Australian Legislation
Main Contents
1. Singapore Legislation p.4
2. UK Legislation p.38
3. Australian Legislation p.58
3
Singapore Legislation
Introduction
2 main sources of legislation in Singapore today:
I. Statutes of the Republic of
Singapore
(primary legislation)
Print: K7399 (year)
II. Subsidiary Legislation of the
Republic of Singapore
(secondary legislation)
Print: K7449 1990
4
Singapore Legislation
The Legislative Process
The Legislature, the law-making body in Singapore, is made up of
• the President
• the Parliament of Singapore.
The Legislature enacts laws known as Acts of Parliament.
Acts begin life as Bills.
A Bill becomes law (i.e. an Act) when it is
• passed by Parliament
• assented to by the President.
But an Act only comes into force on a date
• determined by the Minister
• notified by Commencement Notification in the Government Gazette.
5
Singapore Legislation
The 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.
6
Singapore Legislation
The Legislative Process
From Bill to Act
Attorney-General’s Chambers
Drafting.and Vetting
Government bill
Parliament
Introduction/
Second Reading
Committee Stage
First Reading
•Bill
During
the Second The Bill is considered by a Committee of
•During
Bill
•
Parliamentary
debate Committee of the
the First
Select
the whole Parliament which
is Committee
Reading,
the
Minister
•Reading,
Parliamentary
debate
•Bill
the Bill is who moves the Bill empowered
whole House
to make amendments
to the
•
Select
Committee
•Bill
introduced in
Bill. In special cases, the Bill may be
gives a speech to
report
•Parliamentary debate
Parliament. The long
explain the objects ofreferred to a Select Committee comprising
title of the Bill is read
MPs.
The Committee
can seek
the
Bill. Parliament
Third Reading
Presidential
Council forseveral
Minority
Rights
Presidential
Assent
aloud by the Minister
comments from theThis
public
on
the aBill. The
may
then
debate
onthat
•Amendments
Bill
Bill
Bill
to
Act
is
usually
If
the
Council
feels
to
the
Bill
and there is no
amendments
and
•Parliamentary debate the merits of the Bill.Committee may make
formality.
Once
the
certain
provisions
are
may
be
proposed
and
debate.
with the
President assents
to a
discriminatory, it willsubmit
refer them for consideration
adopted. The Bill is then
Select
Report
to the an Act
Bill,
it becomes
Government
PrinterCommittee’s
the Bill back
to Parliament
to
put to vote.
Committee
of the whole
Parliament. 7
Gazetting the
of Parliament
consider amending
Bill.
Act
Singapore Legislation
The Legislative Process
From Bill to Act - Taking a Closer Look at the Documents
Bills Supplement
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 SB
Online: Parliament
E.g. Fire Safety (Amendment) Bill 2013
8
Singapore Legislation
The Legislative Process
From Bill to Act
Parliamentary Debate (Hansard)
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.
Print: J618 SLAD
9
Singapore Legislation
The Legislative Process
From Bill to Act
Parliamentary Debate (Hansard)
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.
E.g. Second reading of the Fire Safety
(Amendment) Bill (No.1/2013)
It is thus used in legal
research to understand the
motivation or purpose of a
bill and is useful for
statutory interpretation.
Online: Parliament
10
Singapore Legislation
The Legislative Process
From Bill to Act
Select Committee Report
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
11
Singapore Legislation
The Legislative Process
From Bill to Act
Acts Supplement
All 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 AttorneyGeneral’s Chambers, be re-printed by
the Singapore government printer as a
new or revised edition in a format that
contains the short title and chapter on
the front cover.
Print: K7399 SA
Online: eGazette
E.g. Fire Safety (Amendment) Act 2013
12
Singapore Legislation
The Legislative Process
From Bill to Act
Commencement Notification
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 SA
Online: eGazette
E.g. Fire Safety (Amendment) Act 2013 (Commencement) Notification 2013
(S 536 of 2013)
13
Singapore Legislation
The Legislative Process
From Bill to Act
For details on the legislative process, refer to the following websites:
Attorney-General’s Chambers of Singapore, The Legislative Process,
https://www.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/FS6.pdf
See also:
Parliament of Singapore, Standing Orders,
https://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
14
Singapore Legislation
The 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, more than 40 Regulations and various Rules, Orders
and Notifications 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.
15
Singapore Legislation
The Legislative Process
The Next Stage
ii. Amendments to Acts
An Act may subsequently be amended. This can be done in
2 ways, by
i. Act supplement – this will need to be passed by
Parliament
ii. 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)
16
Singapore Legislation
The Legislative Process
The Next Stage
iii. Revised Editions of Acts
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.)
17
Singapore Legislation
The Legislative Process
The Next Stage
iii. Revised Editions of Acts (contd.)
Earlier Revised Editions of the Singapore Statutes
1955 Rev. Ed. 1970 Rev. Ed. 1985 Rev. Ed.
18
Singapore Legislation
The Legislative Process
The Next Stage - Summary:
Amendments to Act
The Act
Rules made
pursuant to Act:
Subsidiary
Legislation
Consolidation of amendments:
Consolidated Version of Act
Substantial amendments
to Act:
Revised Edition of Act
(authoritative version)
Act Supplement
E.g. 20 of 1998
Subsidiary Legislation
Supplement
E.g. S 404/2000
•Bill
•Parliamentary
debate
19
Singapore Legislation
Legislative History
E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.)
Short title and
Chapter no.
Original Act
Current Rev. Ed.
Date current Rev.
Ed. came into effect
Previous Rev.
Eds.
1994 Rev. Ed.
amended by:
Act Supplements
&
Subsidiary
Legislation
Supplements
Singapore Legislation
Legislative History
E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.)
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.
21
Singapore Legislation
Legislative History
E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.)
Changes to “Principal
Act” (1994 Rev. Ed.)
made by:
• Amendment Act
Dates of
reading of
Parliamentary
Debates
• Other amending
Acts
Dates of
commencement
of Amendment &
amending Acts
Singapore Legislation
Legislative History
E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.)
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.
23
Singapore Legislation
History 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).
24
Singapore Legislation
Period
History of the Acts
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
1965-
Statutes of the Republic of Singapore
For details, see LibGuide: Historical Sources of Singapore Law
25
Singapore Legislation
Version
Rev. Ed. (print)
•1985-
Where to Find It
1a. Modern Acts
Location
•*K7399 (year)
(Current Rev. Eds. located at Law Library Loans
Desk)
•1970
•1955
•*K7399 1970
•*K7399 1955
Consolidated
version (online)
• Singapore Statutes Online
http://statutes.agc.gov.sg/
• LawNet
Access via Faculty of Law Resources
Note: for older legislation, refer to Historical Sources of Singapore Law
*Refer to LINC for exact location in library
26
Singapore Legislation
Where to Find It
1b. Acts Supplement
Version
Location
Print (1965-)
*K7399 SA
Online
• Singapore Statutes Online
http://statutes.agc.gov.sg/
• LawNet
Access via Faculty of Law Resources
• eGazette
Access via PC at C J Koh Law Library
Note: for older legislation, refer to Historical Sources of Singapore Law
*Refer to LINC for exact location in library
27
Singapore Legislation
Where to Find It
2a. Subsidiary Legislation
Version
Location
Rev. Ed. (1990-)
(print)
*K7449 1990
Consolidated
version
(online)
• Singapore Statutes Online
(Updated set in Singapore-Malaysia
Collection)
http://statutes.agc.gov.sg/
• LawNet
Access via Faculty of Law Resources
Note: for older legislation, refer to Historical Sources of Singapore Law
*Refer to LINC for exact location in library
28
Singapore Legislation
Where to Find It
2b. Subsidiary Legislation Supplements
Version
Location
Print (1965-)
*K7449 SLS
Online
• Singapore Statutes Online
http://statutes.agc.gov.sg/
• LawNet
Access via Faculty of Law Resources
• eGazette
Access via PC at C J Koh Law Library
Note: for older legislation, refer to Historical Sources of Singapore Law
*Refer to LINC for exact location in library
29
Singapore Legislation
Where to Find It
3. Bills (including Explanatory Statements & Table of Derivations)
Version
Location
Government Gazette. Bills
Supplement (1963-)
*K7499 SB
Supplement to the Government *K7449 S
Gazette (1947-1962)
(print)
Government Gazette. Bills
Supplement (2005-)
(online)
Parliament of Singapore
http://www.parliament.gov.sg/publications
/Bills-Introduced
Note: for older bills, refer to Historical Sources of Singapore Law
*Refer to LINC for exact location in library
30
Singapore Legislation
Where to Find It
4. Parliamentary Debates or Hansard
Version
Location
Parliamentary Debates:
Official Report;
incl. Legislative Assembly
Debates (1956-)
(print)
*J618 SLAD
Singapore Parliament
Reports (1955-)
(online)
Parliament of Singapore
http://www.parliament.gov.sg/publicationssingapore-parliament-reports
Note: for older debates, refer to Historical Sources of Singapore Law
*Refer to LINC for exact location in library
31
Singapore Legislation
Where to Find It
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/publicationsselect-committee-reports
Note: for older reports, refer to Historical Sources of Singapore Law
*Refer to LINC for exact location in library
32
Singapore Legislation
Research Tools
Task
Search Aid
1. Finding
legislation
a. Current
Print:
• Alphabetical List of Public Acts
Ref: K7399 1985 (at Law Library Loans Desk)
Online:
• Singapore Statutes Online
http://statutes.agc.gov.sg/
• LawNet
Access via Faculty of Law Resources
• eGazette
Access via PC at C J Koh Law Library
33
Singapore Legislation
Research Tools
Task
Search Aid
1. Finding
legislation
b. Earlier and
historical
Print:
•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
Online:
Libguide - Historical Sources of Singapore Law
*Refer to LINC for exact location in library
34
Singapore Legislation
Research Tools
Task
Search Aid
2. Finding whether
legislation has been
cited in a case
Print:
• Malay's Digest Legislation Citator:
1932 to 2014
*Ref: K7599.3 Md 2014
• Singapore Law Reports (Reissue): Table Of
Legislation Referred To: 1965 to 2009
*Ref: K7599 SLR
Online:
LawNet
Access via Faculty of Law Resources
*Refer to LINC for exact location in library
35
Singapore Legislation
Research Tools
Task
Search Aid
3. Statutory
interpretation
•Parliamentary debates (slide 31) or
select 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 Singapore
Ref: KE5011 Hal
•Treatises e.g. textbooks
Search LINC for availability of books
•Journal articles
Search LawNet: Law students access via Faculty of Law
Resources
36
Singapore Legislation
References
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 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
37
UK Legislation
Introduction
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
38
UK Legislation
Introduction
The scope of this tutorial will be limited to researching
legislation produced by the United Kingdom Parliament
for 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.
39
UK Legislation
Introduction
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.
40
UK Legislation
Where 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)
41
UK Legislation
Where to Find It
1a. Acts of Parliament (as originally enacted)
Version
Notes
Public General Acts.
Queen’s Printer copy
Individual Acts.
1988(selected statutes fr.
1267-1987)
Public General Acts …
Annual bound volumes.
• 1952• 1866-1951
Location
legislation.gov.uk:
http://www.legislation.
gov.uk/
•*K2011 PG
•*K2011 P
Search for an Act by the
year of the Act
*Refer to LINC for exact location in library
42
UK Legislation
Where to Find It
Example of Public General Act
43
UK Legislation
Where to Find It
1a. Acts of Parliament (as originally enacted)
Version
Notes
Location
The Law Reports.
Statutes
Reprint of the Public
General Acts.
1987-2003
*K2011 P
Current Law Statutes
Annotated
Contains annotations.
1966/67, 1973, 1979-
*KB3 CLSA
CL Closed Stacks
*Refer to LINC for exact location in library
44
UK Legislation
Where to Find It
1b. Acts of Parliament (revised; amendments incorporated)
Version
Revised legislation
Halsbury’s Statutes of
England and Wales
(4th ed.)
Notes
Location
The official revised
edition of the
primary legislation
of the United
Kingdom
legislation.gov.uk:
Includes
annotations
*K2016 Hal
LexisNexis UK
Amended text of all
(Butterworths) Statutes Acts in force
of England and Wales
http://www.legislation.gov.uk/
Lexis Singapore:
Access via NUS Libraries Portal
*Refer to LINC for exact location in library
45
UK Legislation
Where to Find It
Version
2. Early English Statutes
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 Sta
1642-1660
*K2015 Fir
Acts and Ordinances of
the Interregnum
LW Closed Stacks
CL Closed Stacks
*Refer to LINC for exact location in library
46
UK Legislation
Where to Find It
3. Statutory Instruments
Category
Statutory Instruments
Statutory Rules &
Orders and Statutory
Instruments Revised to
December 31, 1948
Notes
Location
• Print. Original.
1956-2004
• *K2012 SI
• Online. Original
and revised
legislation
• legislation.gov.uk:
-
*K2012 1948
LexisNexis UK
Amended text of all
(Butterworths) Statutory public general SIs
Instruments of England currently in force
and Wales
*Refer to LINC for exact location in library
http://www.legislation.
gov.uk/
Lexis Singapore:
Access via NUS Libraries
Portal
47
UK Legislation
Where to Find It
UK Statutes and Statutory Instruments
48
UK Legislation
Where to Find It
4. Bills (including Explanatory Notes)
Version
Location
Public Bills
1990-1993
(print)
*K2009 GHCB
CL Closed Stacks
Public Bills Before Parliament.
United Kingdom Parliament
2002(online)
http://www.parliament.uk/business/bills
-and-legislation/
Bills.
House of Commons Parliamentary
Papers
1801-2004
(online)
Access via NUS Libraries Portal
*Refer to LINC for exact location in library
49
UK Legislation
Where to Find It
5. Parliamentary Debates: Official Report or Hansard
Category
Location
House of Commons
• Print: 1909-1984
•*J301 H2C
CL Closed Stacks
•
Online: 1988-
• United Kingdom Parliament:
http://www.parliament.uk/business/publications/
hansard/commons/
1803-2005
http://hansard.millbanksystems.com/commons
*Refer to LINC for exact location in library
50
UK Legislation
Where to Find It
5. Parliamentary Debates: Official Report or Hansard (contd.)
Category
Location
House of Lords
•
Print: 1909-1985
•*J301 H2L
CL Closed Stacks
•
Online: 1995-
• United Kingdom Parliament:
http://www.parliament.uk/business/publications/
hansard/lords/
1803-2005
http://hansard.millbanksystems.com/lords/
*Refer to LINC for exact location in library
51
UK Legislation
Reference Tools
In this section, only reference tools for researching
modern UK Acts will be dealt with.
Research tools in LW Reference 1
52
UK Legislation
Reference Tools
UK Acts
Search Aid
Task
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
(1235-1968; 1969-1992; 1993-2013)
*Ref: K2017 Gre
•Index
to the Statutes
(1235-1990)
*Ref: K2017 Gre
*Refer to LINC for exact location in library
53
UK Legislation
Reference Tools
UK Acts
Search Aid
Task
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 Legislation
Reference Tools
UK Acts
Task
Search Aid
2. Finding if an Act has
been amended
Halsbury’s Statutes Citator …
3. Is an Act in Force?
Is It In Force? …
• Commencement
dates
• Repeal of sections or Acts
*Ref: K2016 Hal
4. Finding whether an Act
has been cited in a case
•
*Ref: K2016 Hal
Current Law Legislation Citator
*Ref: KB3 CLL
• Halsbury’s Statutes Citator …
*Ref: K2016 Hal
•
JustCite
Online: access via NUS Libraries Portal
*Refer to LINC for exact location in library
55
UK Legislation
Reference Tools
UK Acts
Task
5. Interpretation of
Acts (contd.)
Search Aid
•Parliamentary debates (slide 50 or 51) or
•Explanatory notes in bills (slide 49)
•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. textbooks
Search LINC for availability of books
•Journal articles
Search journal databases on NUS Libraries Portal
56
UK Legislation
References
Bodleian Libraries, Oxford LibGuides: Legislation, online:
<http://libguides.bodleian.ox.ac.uk/content.php?pid=582777&si
d=4803770>
•
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>.
•
57
Australian Legislation
Introduction
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 Government
58
Australian Legislation
Introduction
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 Legislation
Introduction
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. Select Legislative Instruments (SLIs) or, prior to
2005, Statutory Rules (SRs) made under the Acts
of the Parliament of the Commonwealth of
Australia (secondary legislation).
60
Australian Legislation
Where to Find It
Version
1. Acts of the Parliament
Notes
Location
Acts of the Parliament •Print. 1901-2010 •*K9002 AA
of the
•Online. 1973•ComLaw:
Commonwealth of
http://www.comlaw.gov.au/
Australia passed
during the year ...
Reprinted Acts
1979-2010
*K9002 R
Compilations
(Consolidated)
Where there is a
choice of
compilations, choose
the one most relevant
to the point in time
you are interested in.
ComLaw:
http://www.comlaw.gov.au/
*Refer to LINC for exact location
61
Australian Legislation
Where to Find It
Acts of Parliament
Ref: K9002 AA
62
Australian Legislation
Where to Find It
2. Select Legislative Instruments (SLIs)/Statutory Rules
Version
Select Legislative
Instruments
Notes
Location
• Print. 2005-2010
•*K9003 1956 S
• Online. 2005-
•ComLaw:
http://www.comlaw.gov.au/
Statutory Rules
made under …
during the year …
• Print. 1959-2004
•*K9003 1956 S
• Online. 1979-2004 •ComLaw:
http://www.comlaw.gov.au/
Reprinted
Statutory Rules
1979-2009
Compilations
(Consolidated)
Current/point-in-time ComLaw:
versions
http://www.comlaw.gov.au/
*Refer to LINC for exact location
*K9003 R
63
Australian Legislation
Where 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 Legislation
Where 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 Legislation
Research Tools
The main tools for researching Australian legislation are listed below.
However, only their use in relation to modern Australian Acts will be
covered here. In the following slides, these tools will be referred to
by abbreviations in the brackets below.
Search Aid
Location
Australian Current Law Legislation (ACL-L)
*KB3 ACLL
Australian Legal Monthly Digest (ALMD)
*K9006 LMD
Commonwealth Statutes Annotations (CSA)
*K9002 1973 SA
Federal Statutes Annotations: Consolidation (FSA)
*K9006.5 Fsa
*Refer to LINC for exact location
66
Australian Legislation
Research Tools
Australian legal research tools in
LW Reference 1
67
Australian Legislation
Research Tools
Task
a. Finding Acts
Commonwealth Acts
Search Aid
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 Legislation
Research Tools
Task
a. Finding Acts
(contd)
Commonwealth Acts
Search Aid
Online:
ComLaw
http://www.comlaw.gov.au/
AustLii (for state legislation)
http://www.austlii.edu.au/
69
Australian Legislation
Research Tools
Task
Commonwealth Acts (contd.)
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 Legislation
Research Tools
Task
Commonwealth Acts (contd.)
Search Aid
c. Finding if an Act has
been repealed
•ALMD (current year)
“Cumulative Tables: Table of Legislation Affected”
•CSA
•FSA : Repealed Legislation to 2014
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 Legislation
Research Tools
Task
Commonwealth Acts (contd.)
Search Aid
e. Interpretation of
Acts
•
Parliamentary debates (slide 65)
•
Explanatory memoranda in bills (slide 64)
•
CSA
•
FSA
•
Halsbury’s Laws of Australia
Print: KB11 Hla (not updated)
Online: LexisNexis AU
•
The Laws of Australia
Print: KB11 Laa
72
Australian Legislation
Research Tools
Task
Commonwealth Acts (contd.)
Search Aid
e. Interpretation of
Acts (contd.)
See also:
•Treatises e.g. textbooks
Search LINC for relevant books
•Journal articles
Search journal databases on NUS Libraries Portal
73
Australian Legislation
References
• Bruce Bott & Ruth Talbot-Stokes, Nemes and Coss' Effective Legal
Research, 6th ed. (Chatswood, N.S.W. : LexisNexis Butterworths, 2015).
Ref: KB280 Bot 2015
• Catriona Cook, et al., Laying Down the Law, 8th ed. (Chatswood, N.S.W.:
LexisNexis Butterworths, 2012).
Ref: KB280 Lay 2012
• Nicholas Pengelley & Sue Milne, Researching Australian Law, online:
LLRX <http://www.llrx.com/features/researchingaustralian
law.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]
75 2015
Updated for lecture on 5 October
© C J Koh Law Library 2005-2015