Question 1

This Bill that I'm reading doesn't have a specific date for commencement/has a date for commencement before the Bill was introduced into Parliament/has 14 different commencement dates. How does that work?

Accepted Answer

Drafters of Bills have many different ways of commencing a Bill:
 
The Bill might commence on the assent of the Bill, when it is signed by the Governor or Governor General.
 
It might commence 28 days/3 months/six months etc after assent.
 
It might commence on a date to be fixed by proclamation (the proclamation would appear in a Government Gazette), which is an open-ended option that allows as much time as is needed to do things like draft the relevant regulations and rules to implement the Act.
 
It might be triggered by a specific event, for example, once 50 nations have signed the Kyoto Protocol.
 
The Bill might have retrospective effect - if there is a loophole in legislation highlighted by a court decision, the Bill might close the loophole as of the date of the court decision.
Just to put a bigger twist on things, don't forget that different sections of a Bill can come into effect at different times. Western Australia has had a few Bills where only sections 1 and 2 (the title and the commencement information) were proclaimed when the Bill was assented to, and the remaining 300+ sections came into effect in great clumps and at different times, sometimes 6, 12 or 18 months apart.
 
Answer contributed by Kelly Underwood and Colin Fong, December 8th 2011

Question 2

This Bill that I'm reading doesn't have a specific date for commencement/has a date for commencement before the Bill was introduced into Parliament/has 14 different commencement dates. How does that work?

Accepted Answer

Drafters of Bills have many different ways of commencing a Bill:
 
The Bill might commence on the assent of the Bill, when it is signed by the Governor or Governor General.
 
It might commence 28 days/3 months/six months etc after assent.
 
It might commence on a date to be fixed by proclamation (the proclamation would appear in a Government Gazette), which is an open-ended option that allows as much time as is needed to do things like draft the relevant regulations and rules to implement the Act.
 
It might be triggered by a specific event, for example, once 50 nations have signed the Kyoto Protocol.
 
The Bill might have retrospective effect - if there is a loophole in legislation highlighted by a court decision, the Bill might close the loophole as of the date of the court decision.
Just to put a bigger twist on things, don't forget that different sections of a Bill can come into effect at different times. Western Australia has had a few Bills where only sections 1 and 2 (the title and the commencement information) were proclaimed when the Bill was assented to, and the remaining 300+ sections came into effect in great clumps and at different times, sometimes 6, 12 or 18 months apart.
 
Answer contributed by Kelly Underwood and Colin Fong, December 8th 2011

Question 3

How do I know if there was an EM?

Accepted Answer

Not all Commonwealth bills have EMs. To find out which do and which don't, go to the Australian Parliamentary Library's website and read a terrific and detailed guide produced by Patrick O'Neill regarding Commonwealth EMs - Was there an EM?.

Question 4

How do I know if there was an EM?

Accepted Answer

Not all Commonwealth bills have EMs. To find out which do and which don't, go to the Australian Parliamentary Library's website and read a terrific and detailed guide produced by Patrick O'Neill regarding Commonwealth EMs - Was there an EM?.

Question 5

Where can I find an index to Commonwealth EMs?

Accepted Answer

APH Explanatory Memoranda Index

Question 6

Where can I find an index to Commonwealth EMs?

Accepted Answer

APH Explanatory Memoranda Index

Question 7

Where can I find old Commonwealth sessional (as made) Acts online?

Accepted Answer

If you have a subscription to the Australian statutes database on HeinOnline, this has full text (in searchable pdf format) sessional acts from 1901+
 
Comlaw also has all Acts as made from 1973 onwards.

Question 8

Where can I find old Commonwealth sessional (as made) Acts online?

Accepted Answer

If you have a subscription to the Australian statutes database on HeinOnline, this has full text (in searchable pdf format) sessional acts from 1901+
 
Comlaw also has all Acts as made from 1973 onwards.

Question 9

Where can I find Federal Court orders and /or information relating to the progress of cases?

Accepted Answer

The Commonwealth Courts Portal allows you to keep track of cases, identify documents that have been filed , view future courts date and view outcomes and any orders that have been made for the Federal, Family and Federal Magistrates Court.

Question 10

Where can I find Federal Court orders and /or information relating to the progress of cases?

Accepted Answer

The Commonwealth Courts Portal allows you to keep track of cases, identify documents that have been filed , view future courts date and view outcomes and any orders that have been made for the Federal, Family and Federal Magistrates Court.

Question 11

Can I find a complete set of NSW sessional Acts free online?

Accepted Answer

Yes, from 1824+ on the NSW Government Legislation website. These are pdfs of the original "official" Acts.

Question 12

Can I find a complete set of NSW sessional Acts free online?

Accepted Answer

Yes, from 1824+ on the NSW Government Legislation website. These are pdfs of the original "official" Acts.

Question 13

Where can I find NSW District Court decisions?

Accepted Answer

NSWDC's are not automatically published to the NSW Caselaw website
the judge has the choice if they will publish the decision the NSW SC and DC registries do not search for old cases unless you are a party very few DC judgments are available in "DCLR(NSW)" (LawBook's NSW District Court Law Reports).
Some DC judgments are available on Caselaw , and some on Austlii. Any judgment not available in these three places can NOT be obtained in any other way but by filing a request under Practice Note 11.
 
The friendly library staff at the NSW Attorney General's Library are highly recommended as a contact if you are having trouble finding a decision.

Question 14

Where can I find NSW District Court decisions?

Accepted Answer

NSWDC's are not automatically published to the NSW Caselaw website
the judge has the choice if they will publish the decision the NSW SC and DC registries do not search for old cases unless you are a party very few DC judgments are available in "DCLR(NSW)" (LawBook's NSW District Court Law Reports).
Some DC judgments are available on Caselaw , and some on Austlii. Any judgment not available in these three places can NOT be obtained in any other way but by filing a request under Practice Note 11.
 
The friendly library staff at the NSW Attorney General's Library are highly recommended as a contact if you are having trouble finding a decision.

Question 15

How can I find out if an Act has changed its name?

Accepted Answer

Look at the Table of changed citations and remade laws.

Question 16

How can I find out if an Act has changed its name?

Accepted Answer

Look at the Table of changed citations and remade laws.

Question 17

How can I find out if an Act has commenced?

Accepted Answer

Look under the Principal Act in the Current Annotations then find the amending legislation. If the Act is very new use the same process with the Update to current annotations.
 
Alternately - check the Endnotes to the Reprint by clicking the final + sign in the left-hand navigation of the reprinted act, then look at the List of Legislation for the details of any particular act.
 
Answer contributed by Barbara Flowers, July 22nd 2011

Question 18

How can I find out if an Act has commenced?

Accepted Answer

Look under the Principal Act in the Current Annotations then find the amending legislation. If the Act is very new use the same process with the Update to current annotations.
 
Alternately - check the Endnotes to the Reprint by clicking the final + sign in the left-hand navigation of the reprinted act, then look at the List of Legislation for the details of any particular act.
 
Answer contributed by Barbara Flowers, July 22nd 2011

Question 19

Where do I find free historic Queensland legislation online?

Accepted Answer

AustLII now hosts historical Queensland Acts from 1867 to 1951
 
UQ eSpace hosts digitized versions of 19th century Queensland Government Gazettes. These early gazettes often contain the sessional Acts of that time.
 
QUT Law Library's site Ozcase on the QUT Library website. hosts, in searchable pdf, the consolidated Public Acts of Queensland 1828-1936, as well as many of the 'pamphlet reprints' that updated legislation after the 1962 consolidation, and before the 'blue reprints' began (1992) (not fully comprehensive yet). This website also includes much 19th century land legislation and the Criminal Code 1899 with its preparatory and extrinsic materials. The site has a search engine.
 
The Office of the Parliamentary Counsel hosts Queensland sessional acts 1970+.
Answer contributed by Barbara Flowers, July 22nd 2011, updated 18th June 2013

Question 20

Where do I find free historic Queensland legislation online?

Accepted Answer

AustLII now hosts historical Queensland Acts from 1867 to 1951
 
UQ eSpace hosts digitized versions of 19th century Queensland Government Gazettes. These early gazettes often contain the sessional Acts of that time.
 
QUT Law Library's site Ozcase on the QUT Library website. hosts, in searchable pdf, the consolidated Public Acts of Queensland 1828-1936, as well as many of the 'pamphlet reprints' that updated legislation after the 1962 consolidation, and before the 'blue reprints' began (1992) (not fully comprehensive yet). This website also includes much 19th century land legislation and the Criminal Code 1899 with its preparatory and extrinsic materials. The site has a search engine.
 
The Office of the Parliamentary Counsel hosts Queensland sessional acts 1970+.
Answer contributed by Barbara Flowers, July 22nd 2011, updated 18th June 2013

Question 21

Are the Queensland Government Gazettes available online?

Accepted Answer

Yes, the Government Bookshop hosts all QGGs since 2003.

Historic Queensland Government Gazettes are also available online. These often contain early Acts as passed from the 19th century Queensland Parliament [see above].

Question 22

Are the Queensland Government Gazettes available online?

Accepted Answer

Yes, the Government Bookshop hosts all QGGs since 2003.

Historic Queensland Government Gazettes are also available online. These often contain early Acts as passed from the 19th century Queensland Parliament [see above].

Question 23

Where can I find historical consolidations of South Australian legislation online?

Accepted Answer

The SA Attorney-General's South Australian Legislation website hosts electronic versions of historical consolidations from January 2003. Older consolidations may be available for selected titles. Access is via the current consolidation. Earlier consolidations are listed underneath. For repealed titles, click on the link "Show ceased Acts ... link at the top of the listing.
 
Answer contributed by Michelle Smith, 21 August 2012

Question 24

Where can I find historical consolidations of South Australian legislation online?

Accepted Answer

The SA Attorney-General's South Australian Legislation website hosts electronic versions of historical consolidations from January 2003. Older consolidations may be available for selected titles. Access is via the current consolidation. Earlier consolidations are listed underneath. For repealed titles, click on the link "Show ceased Acts ... link at the top of the listing.
 
Answer contributed by Michelle Smith, 21 August 2012

Question 25

Where can I find South Australian sessional Acts online?

Accepted Answer

The SA Attorney-General's South Australian Legislation website hosts electronic versions of sessional Acts from January 2003.
 
AustLII hosts a database of sessional Acts from 1837 to date.
 
Flinders University hosts a database of scanned copies of Acts of the Parliament of South Australia 1837 - 2002.
 
For the sessional Acts 1837-2002, note that neither the AustLII nor the Flinders University databases are comprehensive. Some Acts appear to have been missed in the scanning process and appear on neither database, but there are also a few which appear on the Flinders University web site database but not AustLII and vice versa.
 
Answer contributed by Michelle Smith, May 2014

Question 26

Where can I find South Australian sessional Acts online?

Accepted Answer

The SA Attorney-General's South Australian Legislation website hosts electronic versions of sessional Acts from January 2003.
 
AustLII hosts a database of sessional Acts from 1837 to date.
 
Flinders University hosts a database of scanned copies of Acts of the Parliament of South Australia 1837 - 2002.
 
For the sessional Acts 1837-2002, note that neither the AustLII nor the Flinders University databases are comprehensive. Some Acts appear to have been missed in the scanning process and appear on neither database, but there are also a few which appear on the Flinders University web site database but not AustLII and vice versa.
 
Answer contributed by Michelle Smith, May 2014

Question 27

Where do I find freely available online "official" versions of Victorian sessional (as made) Acts?"

Accepted Answer

For 1851-1995, use the AustLII Victorian Historical Acts database. The pdfs are copies of the original printed Acts and are thus exact replicas which (as far as I’m aware) can therefore be used as “official” versions, just like the print versions themselves.
 
1996+ are on the Victorian Parliamentary Documents website - select Victorian Statute Book. All are pdfs of the “official” print versions.

Question 28

Where do I find freely available online "official" versions of Victorian sessional (as made) Acts?"

Accepted Answer

For 1851-1995, use the AustLII Victorian Historical Acts database. The pdfs are copies of the original printed Acts and are thus exact replicas which (as far as I’m aware) can therefore be used as “official” versions, just like the print versions themselves.
 
1996+ are on the Victorian Parliamentary Documents website - select Victorian Statute Book. All are pdfs of the “official” print versions.

Question 29

Where can I find WA legislation online, and how far back does it go?"

Accepted Answer

It's all available on the Parliamentary Counsel's website from 1832 (which was three years after WA was founded by Captain James Stirling in 1829) all the way through to the present day, in PDF scans of the original legislation.
 
Just choose Original Acts as Passed.

Question 30

Where can I find WA legislation online, and how far back does it go?"

Accepted Answer

It's all available on the Parliamentary Counsel's website from 1832 (which was three years after WA was founded by Captain James Stirling in 1829) all the way through to the present day, in PDF scans of the original legislation.
 
Just choose Original Acts as Passed.

Question 31

Where can I find old reprints of WA legislation both in force and repealed?

Accepted Answer

The WA Parliamentary Counsel's Office made the old reprints of all Acts freely available online in PDF.
 
There are a small number of reprints missing; for example, the (now repealed) Health Act 1911 (WA) has 14 of the 15 reprints available online in PDF for access, dating back to 1919 for the reprint and as well as the Act as originally passed in 1911. The only reprint that is missing is from 1944, and its non-existence is probably related to WWII paper shortages and therefore a much smaller print run.
 
Ceased and repealed Act reprints are shown in red in the lists of legislation, whereas current legislation is shown in blue.
 
Answer updated by Kelly Underwood on 8th July 2019

Question 32

Where can I find old reprints of WA legislation both in force and repealed?

Accepted Answer

The WA Parliamentary Counsel's Office made the old reprints of all Acts freely available online in PDF.
 
There are a small number of reprints missing; for example, the (now repealed) Health Act 1911 (WA) has 14 of the 15 reprints available online in PDF for access, dating back to 1919 for the reprint and as well as the Act as originally passed in 1911. The only reprint that is missing is from 1944, and its non-existence is probably related to WWII paper shortages and therefore a much smaller print run.
 
Ceased and repealed Act reprints are shown in red in the lists of legislation, whereas current legislation is shown in blue.
 
Answer updated by Kelly Underwood on 8th July 2019

Question 33

When did WA start producing Explanatory Memoranda (EM)?

Accepted Answer

Technically WA didn't start producing EMs until about 2000, but that's actually when they began being a requirement when a Bill was tabled in Parliament. Before then, they were only produced on the very off-chance. The WA Parliamentary Library has a list with links to copies of all the EMs, Explanatory Notes, Committee Notes etc about legislation that they could find any reference to in WA Hansard.
 
If you want to access an EM, go to the WA Parliamentary website, and look at either the Current Bills List, or the All Bills List. The All Bills list starts in 1997.
 
Answer updated by Kelly Underwood on 8th July 2019

Question 34

When did WA start producing Explanatory Memoranda (EM)?

Accepted Answer

Technically WA didn't start producing EMs until about 2000, but that's actually when they began being a requirement when a Bill was tabled in Parliament. Before then, they were only produced on the very off-chance. The WA Parliamentary Library has a list with links to copies of all the EMs, Explanatory Notes, Committee Notes etc about legislation that they could find any reference to in WA Hansard.
 
If you want to access an EM, go to the WA Parliamentary website, and look at either the Current Bills List, or the All Bills List. The All Bills list starts in 1997.
 
Answer updated by Kelly Underwood on 8th July 2019

Question 35

Where can I find old repealed UK acts?

Accepted Answer

Justis (a subscription database) has repealed Acts - in pdf.

Question 36

Where can I find old repealed UK acts?

Accepted Answer

Justis (a subscription database) has repealed Acts - in pdf.

Question 37

Where can I find old UK Parliamentary Debates?

Accepted Answer

Try Hansard from MillbankSystems - it contains debates commencing in 1800. The site is still undergoing development and experimentation, and further features may be added in due course. Work to improve the quality of the data is also ongoing. It doesn't look like it goes any further than 2005 though, so for current debates your best bet may be the official UK Parliament Hansard site or They Work For You.
 
They Work For You is a brilliant site that is run by a charity called MySociety. Essentially the idea is to make UK Hansard more open and accessible to the general public. At time of writing (22 July 2011) it appears to be bang up to date. Users can tag sections of Hansard, link to relevant Wikipedia articles etc. All MPs are flagged so that every single time that MP particpates in a debate, it is linked to the MPs main page on the site. All their votes in Parliament are assessed, for their relative strength of views (for and against).
They've got actual Commons debate going back to 1935, but the coverage of other stuff doesn't go as far back. It's best to check the coverage dates on the site to make sure that what you'd be looking for is likely to be there.
 
Answer extended by Kelly Underwood, July 22nd 2011

Question 38

Where can I find old UK Parliamentary Debates?

Accepted Answer

Try Hansard from MillbankSystems - it contains debates commencing in 1800. The site is still undergoing development and experimentation, and further features may be added in due course. Work to improve the quality of the data is also ongoing. It doesn't look like it goes any further than 2005 though, so for current debates your best bet may be the official UK Parliament Hansard site or They Work For You.
 
They Work For You is a brilliant site that is run by a charity called MySociety. Essentially the idea is to make UK Hansard more open and accessible to the general public. At time of writing (22 July 2011) it appears to be bang up to date. Users can tag sections of Hansard, link to relevant Wikipedia articles etc. All MPs are flagged so that every single time that MP particpates in a debate, it is linked to the MPs main page on the site. All their votes in Parliament are assessed, for their relative strength of views (for and against).
They've got actual Commons debate going back to 1935, but the coverage of other stuff doesn't go as far back. It's best to check the coverage dates on the site to make sure that what you'd be looking for is likely to be there.
 
Answer extended by Kelly Underwood, July 22nd 2011

Frequently asked questions

This Bill that I'm reading doesn't have a specific date for commencement/has a date for commencement before the Bill was introduced into Parliament/has 14 different commencement dates. How does that work?

This Bill that I'm reading doesn't have a specific date for commencement/has a date for commencement before the Bill was introduced into Parliament/has 14 different commencement dates. How does that work?

How do I know if there was an EM?

How do I know if there was an EM?

Where can I find an index to Commonwealth EMs?

Where can I find an index to Commonwealth EMs?

Where can I find old Commonwealth sessional (as made) Acts online?

Where can I find old Commonwealth sessional (as made) Acts online?

Where can I find Federal Court orders and /or information relating to the progress of cases?

Where can I find Federal Court orders and /or information relating to the progress of cases?

Can I find a complete set of NSW sessional Acts free online?

Can I find a complete set of NSW sessional Acts free online?

Where can I find NSW District Court decisions?

Where can I find NSW District Court decisions?

How can I find out if an Act has changed its name?

How can I find out if an Act has changed its name?

How can I find out if an Act has commenced?

How can I find out if an Act has commenced?

Where do I find free historic Queensland legislation online?

Where do I find free historic Queensland legislation online?

Are the Queensland Government Gazettes available online?

Are the Queensland Government Gazettes available online?

Where can I find historical consolidations of South Australian legislation online?

Where can I find historical consolidations of South Australian legislation online?

Where can I find South Australian sessional Acts online?

Where can I find South Australian sessional Acts online?

Where do I find freely available online "official" versions of Victorian sessional (as made) Acts?"

Where do I find freely available online "official" versions of Victorian sessional (as made) Acts?"

Where can I find WA legislation online, and how far back does it go?"

Where can I find WA legislation online, and how far back does it go?"

Where can I find old reprints of WA legislation both in force and repealed?

Where can I find old reprints of WA legislation both in force and repealed?

When did WA start producing Explanatory Memoranda (EM)?

When did WA start producing Explanatory Memoranda (EM)?

Where can I find old repealed UK acts?

Where can I find old repealed UK acts?

Where can I find old UK Parliamentary Debates?

Where can I find old UK Parliamentary Debates?

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