Finding out about legislation
This section contains general information about:
What is legislation?
Legislation is a law or body of law enacted by the parliament. For example, the Family Law Act 1975 (Cth) is a law enacted by the Federal Parliament.
How laws are created
An act is a specific law passed by the Parliament and given royal assent. Both the federal and state governments pass laws. The subject matter about which each can legislate is set out in the Australian Constitution.
A proposed act is introduced into the Federal Parliament as a bill. To become law a bill must be passed by majorities in both the House of Representatives and the Senate, and must then receive royal assent. The states have a similar process in their parliaments.
Proclamations of acts which have received royal assent are published in the Government Gazette. Acts are given a formal title and numbered e.g. the Family Law Act 1975 (Cth) is Act No. 53 of 1975.
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Sources which explain the intention of legislation
In the Federal Parliament a bill has three reading speeches in both the House of Representatives and the Senate.
The 'First Reading' speech provides brief information about the title and purpose of the proposed law. During the 'Second Reading' of the bill there is parliamentary debate and amendments may be proposed. The ‘Third Reading’ speech indicates the formal acceptance (or ‘passing’) of the bill by the House or Senate.
Reading speeches and parliamentary debates are recorded in documents called Hansard.
An explanatory memorandum is a document which explains the aim and operation of the proposed act. Explanatory memoranda are usually issued by the Parliamentary member responsible for the introduction of the bill into Parliament. The explanatory memorandum may be used as a source of information about the meaning of a specific provision of an act if it is unclear.
An act may be amended by the Parliament. A 'reprint' or 'consolidation' may then be issued which incorporates the new amendments into the principal act. Legislation is readily available in electronic formats, but you should always check to ensure that the version you are looking at contains the most recent amendments.
Judgments of courts are a primary source of information about how a law is interpreted by the Courts and applied in particular factual situations.
back to top Delegated Legislation
Within an act, the Parliament may delegate authority to the Executive arm of government (the Governor-General in Council, i.e. with Ministers) or Head of a Department to make Rules, Regulations and By-Laws connected with the act. This is usually termed 'delegated' or 'subordinate' legislation.
Documents similar to explanatory memoranda are issued for delegated legislation such as Regulations and Rules. These documents are known as Explanatory Statements.
back to topFinding legislation
Before starting to search for Australian laws you need to identify whether you are looking for Commonwealth legislation or State and Territory legislation.
For Australian family law, most legislation you will require will be Commonwealth. However some state law can be applicable depending on the issues involved; for example, property settlements between couples in a de facto relationship, equality of status of ex-nuptial children, family provision from a testator's estate.
Legislation is usually available in print and electronic formats. If you want a copy of legislation, sources may vary, depending on whether you want a print version or an electronic version, and whether it is Commonwealth or State legislation.
If you are looking for State or Territory legislation in printed form you should contact your state government information centre or bookshop.
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Links to websites
Below are links to sites where you can find Commonwealth and/or state legislation on the Internet at no cost. When searching for legislation on these sites read their instructions carefully. Also read the disclaimers about the information they provide.
Parliament of Australia - Access to House of Representatives and Senate Hansards, information on bills before Parliament and their progress. The FAQ page is a good starting point for those who have not used the site before.
ComLaw - ComLaw contains legislation of the Commonwealth as well as bills and explanatory memoranda/statements.
Australian Law Online - Australian Law Online operates primarily as a gateway. It directs users to law and justice related information and services that are provided by government and selected non-government organisations.
AustLII - Provides links to the full text of Commonwealth, State and Territory legislation, parliamentary material, international treaties and the laws of other countries.
Act Legislation - The Act Legislation Register contains authorised current consolidations of act Acts, regulations and subordinate instruments.
NSW Legislation - The NSW Parliamentary Counsel's Office provides an authoritative, up-to-date source for NSW Legislation. The site includes NSW Acts, subordinate legislation, and status information as well as Repealed versions of legislation.
Northern Territory Legislation - This database contains all the current consolidated acts and subordinate legislation of the Northern Territory of Australia.
Queensland Legislation - The Queensland Parliamentary Counsel provides an authoritative source for Queensland Legislation. The site provides consolidated and numbered acts as well as superseded versions.
South Australian Legislation - Parliament of SA site. The acts and Regulations of the Government of South Australia are available here.
Tasmanian Legislation - The Tasmanian Legislation website provides access to Tasmanian legislation. Acts that were in force as at 1 February 1997 are available in consolidated form and acts passed after 1 February 1997 are available in sessional and consolidated form.
Victorian Legislation - The Victorian Legislation website provides access to bills under consideration, Victorian Acts and Statutory Rules as passed or made by year as well as all consolidated Principal Victorian Acts and Statutory Rules as in force, at a given point in time.
Western Australian Legislation - The Western Australian Legislation database is a compilation of the public general Acts of Western Australia that are in force, with certain exceptions.
Canprint - Australian government legislation can be ordered online (including subscriptions and standing order alert services), contact Canprint Information Services, or purchased at outlets listed on the Canprint site.