What is the purpose of an explanatory memorandum?
The explanatory memorandum can be an important aid to the interpretation of legislation. The primary purpose of the explanatory memorandum is to provide Members of Parliament and other readers of a Bill with a clear explanation of each clause of a Bill.
Is an explanatory memorandum legislation?
An explanatory memorandum seeks to explain what provisions in a particular Bill mean, and what the Bill is attempting to achieve if passed as law. Explanatory Memoranda can be invaluable tools in terms of understanding why a law was enacted, what it was designed to achieve, and what it actually means.
What is the legislation Act 2003?
The Legislation Act 2003, formerly the Legislative Instruments Act 2003 (LIA), provides the framework for the management of Commonwealth legislation, including the making, registration, publication, parliamentary scrutiny and sunsetting (automatic repeal) of Commonwealth delegated legislation.
Where is the explanatory memorandum in Victoria?
An Explanatory Memorandum explains each clause of a bill in numerical order. It appears at the front of the printed bill, but is not formally part of the bill.
Where is the explanatory memorandum of a legislation?
NSW Bills and Explanatory Notes online
- NSW Bills (including ENs) 1987+ via legislation.nsw.gov.au [external website]
- NSW Bills (including ENs and 2R speeches for many Bills) 1997+ via Parliament of NSW [external website]
- NSW Bills 1979+ via AustLII [external website]
What is the difference between an explanatory memorandum and an explanatory statement?
Explanatory Memoranda now accompany every government Bill introduced into the Parliament, but this has not always been the case. Explanatory Statements are similar to Explanatory Memoranda, but the term is used for documents that explain the purpose of Commonwealth Regulations rather than Bills.
How do you reference an explanatory memorandum?
Legislation / Bill / Explanatory Memorandum
- Number Title Year (Jurisdiction abbreviation) Pinpoint.
- Number Title Year (Jurisdiction abbreviation) Pinpoint.
- Note: Title and Year are not italic.
- Number Explanatory Memorandum, Title Year (Jurisdiction abbreviation) Pinpoint.
What are legislative instruments?
Legislative instruments are laws on matters of detail made by a person or body authorised to do so by the relevant enabling legislation. Examples of LIs include regulations, rules and determinations. Under the Legislation Act 2003, all legislative instruments must be registered on the Legislation Register.
Where can I find explanatory memorandum?
These are reported verbatim in the Hansard for each House of Parliament. Go to ComLaw and click on ‘Bills’ tab. Locate the Bill and click on its title. Click the ‘Explanatory Memoranda’ tab.
How do you write an explanatory statement?
The explanatory statement should take care to spell out a relevant purpose, at least for the bill as a whole, and perhaps for parts or clauses of it. Secondly, an explanatory statement should not be used to clear up some perceived ambiguity or uncertainty in the words of a provision of a bill.
Where is the explanatory memorandum Qld?
After finding the status information page for the Bill, click the Legislative History button. Scroll to the bottom of the page where the name of the Bill appears as a heading. Find details and links to documents related to the Bill’s passage through Parliament, including the explanatory notes.
What did the Legislative Instruments Act 2003 do?
The Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 will make consequential amendments to the Acts Interpretation Act so that those provisions will only apply to non-legislative instruments.
When did the legislative instruments Bill come into effect?
This Bill establishes a comprehensive regime for the registration, tabling, scrutiny and sunsetting of Commonwealth legislative instruments. The Bill originated from a 1992 report of the Administrative Review Council, Rule Making by Commonwealth Agencies.
When was the last time there was an explanatory memorandum?
Explanatory Memoranda now accompany every government Bill introduced into the Parliament, but this has not always been the case. From 1901 to 1982, there was no easy way of knowing if an Explanatory Memorandum had been produced for a particular Bill.
How is the Register of legislative instruments maintained?
The Register will be publicly accessible via the Internet and will be maintained by the Attorney‑General’s Department. Any legislative instrument made after the commencement of the Bill must be registered to be enforceable.