Parliament of Singapore Researching Singapore UK Australian Legislation

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Parliament of Singapore Researching Singapore, UK & Australian Legislation Houses of Parliament, UK Parliament

Parliament of Singapore Researching Singapore, UK & Australian Legislation Houses of Parliament, UK Parliament of Australia Conducted by Carol Wee 1 Lin Content by Lee Su-Lin & Clement ©NUS Libraries 2005 -2019

This tutorial is designed for the purpose of training first year law students on

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 -2018

Researching Singapore, UK & Australian Legislation Main Contents I. Singapore Legislation p. 4 II.

Researching Singapore, UK & Australian Legislation Main Contents I. Singapore Legislation p. 4 II. UK Legislation p. 40 III. Australian Legislation p. 66 3

I. Singapore Legislation A. Introduction 2 main sources of legislation in Singapore today: I.

I. Singapore Legislation A. Introduction 2 main sources of legislation in Singapore today: I. Statutes of the Republic of Singapore II. Subsidiary Legislation of the (primary legislation) Republic of Singapore Print: K 7399 (year) (secondary legislation) Print: K 7449 1990 4

I. Singapore Legislation B. Legislative Process The Legislature, the law-making body in Singapore, is

I. Singapore Legislation B. 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

I. Singapore Legislation B. Legislative Process On the following page is an account of

I. Singapore Legislation B. 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 • Presidential Council for Minority Rights • Presidential Assent. 6

I. Singapore Legislation From Bill to Act B. Legislative Process Attorney-General’s Chambers Drafting. and

I. Singapore Legislation From Bill to Act B. Legislative Process Attorney-General’s Chambers Drafting. and Vetting Government bill Parliament Introduction/ Committee Stage Second Reading First Reading • Bill During the Second The Bill is considered by a Committee of • Bill • Parliamentary debate Committee of the Select Committee During the First the whole Parliament which is empowered Reading, the Minister • Parliamentary debate • Bill House Reading, the Bill is who moves the Bill to whole make amendments to • Select the Bill. In special Committee • Bill introduced in cases, the Bill may be referred to a Select gives a speech to • Parliamentary debate report Parliament. The long explain the objects of. Committee comprising several MPs. The title of the Bill is read Committee can seek comments from the. Presidential Bill. Parliament Third Reading Presidential Assent Council for Minority Rights aloud by the Minister Committee may then debate on public on the Bill. The • Bill to Act may Bill This is usually a Minor amendments to If the Council feels that and there is no and submit. Once themthe for • Parliamentary debate the merits of the Bill. make amendments formality. the Bill may be certain provisions are debate. consideration with the Select Committee’s President assents to a proposed and adopted. discriminatory, it will refer Report the whole Government Printertotothe Committee Bill, it of becomes an Act The Bill is then put to the Bill back to Parliament Gazetting Parliament. 7 of Parliament vote. consider amending the Bill. Act © NUS Libraries 2005 -2019

I. Singapore Legislation B. Legislative Process From Bill to Act - Taking a Closer

I. Singapore Legislation B. 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 intent of the legislation. E. g. Fire Safety (Amendment) Bill 2013 Print: K 7499 SB Online: Parliament (2006 -Present) 8

I. Singapore Legislation B. Legislative Process From Bill to Act Parliamentary Debate (Hansard) Printed

I. Singapore Legislation B. 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: J 618 SLAD 9

I. Singapore Legislation B. Legislative Process From Bill to Act Parliamentary Debate (Hansard) The

I. Singapore Legislation B. Legislative Process From Bill to Act Parliamentary Debate (Hansard) The second reading of a bill is of particular importance – it contains a discussion of the motion moved by the Minister and is usually the most substantial debate that takes place. E. g. Second reading of the Fire Safety (Amendment) Bill (No. 1/2013) Online: Parliament So, it is • used in legal research to understand the motivation or purpose of a bill • useful for statutory interpretation. 10

I. Singapore Legislation B. Legislative. Pocess Process From Bill to Act Select Committee Report

I. Singapore Legislation B. Legislative. Pocess 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: K 7524 … Online: Parliament 11

I. Singapore Legislation B. Legislative Process From Bill to Acts Supplement All Acts and

I. Singapore Legislation B. Legislative Process From Bill to 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 Attorney-General’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: K 7399 SA Online: e. Gazette E. g. Fire Safety (Amendment) Act 2013 12

I. Singapore Legislation B. Legislative Process From Bill to Act Commencement Notification An Act

I. Singapore Legislation B. 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: K 7399 SA Online: e. Gazette E. g. Fire Safety (Amendment) Act 2013 (Commencement) Notification 2013 (S 536 of 2013) 13

I. Singapore Legislation B. Legislative Process For details on the legislative process, refer to

I. Singapore Legislation B. Legislative Process For details on the legislative process, refer to the following websites: Attorney-General’s Chambers of Singapore, “The Legislative Process”, online: AGC Singapore <https: //www. agc. gov. sg/our-roles/drafter-of-laws/the-legislative-process> • The Government of Singapore, “The Singapore Government Explained - Part 2: How Laws are Made”, online (video) : You. Tube <https: //www. youtube. com/watch? v= TZPWz 7 d 0 w 1 w> Parliament of Singapore, “Educational Resources: How are Laws Made? ”, online: Parliament of Singapore <https: //www. parliament. gov. sg/visit-learn/educationalresources#tabs-6> See also: Parliament of Singapore, “Standing Orders of the Parliament of Singapore”, online: Parliament of Singapore <https: //www. parliament. gov. sg/parliamentarybusiness/standing-orders> • Parliament of Singapore, “Glossary”, online: Parliament of Singapore <https: //www. parliament. gov. sg/parliamentary-business/glossary> 14

I. Singapore Legislation C. Subsidiary Legislation An Act generally sets out broad guidelines and

I. Singapore Legislation C. 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

I. Singapore Legislation D. Amendments to Acts An Act may subsequently be amended. This

I. Singapore Legislation D. Amendments to Acts An Act may subsequently be amended. This can be done in 2 ways, either by i. Act supplement – this will need to be passed by Parliament or 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

I. Singapore Legislation D. Amendments to Acts Note: The Acts supplement and subsidiary legislation

I. Singapore Legislation D. Amendments to Acts Note: The Acts supplement and subsidiary legislation supplement are part of the Government Gazette which is divided into a few other sections: Government Gazette Main Acts supplement Subsidiary legislation supplement Bills supplement Industrial relations supplement Treaties supplement Supplement 17

I. Singapore Legislation D. Amendments to Acts are incorporated into the current (consolidated) version

I. Singapore Legislation D. 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

I. Singapore Legislation Principal Act Amendments Rules made pursuant to Act D. Amendments to

I. Singapore Legislation Principal Act Amendments Rules made pursuant to Act D. Amendments to Acts Consolidation (Singapore Statutes Online (SSO)) of amendments Substantial amendments to Act Subsidiary Legislation Act Supplement E. g. 20 of 1998 Consolidated Version of Act Subsidiary Legislation Supplement e. g. S 404/2000 Revised Edition of Act Note: authoritative version (in print; selection in SSO & Law. Net) • Bill • Parliamentary debate 19

I. Singapore Legislation D. Amendments to Acts Earlier Revised Editions of the Singapore Statutes

I. Singapore Legislation D. Amendments to Acts Earlier Revised Editions of the Singapore Statutes 1955 Rev. Ed. 1970 Rev. Ed. 1985 Rev. Ed. 20

I. Singapore Legislation E. Legislative History E. g. Companies Act (Cap. 50, 2006 Rev.

I. Singapore Legislation E. 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 21

I. Singapore Legislation E. Legislative History E. g. Companies Act (Cap. 50, 2006 Rev.

I. Singapore Legislation E. 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 • information on related Parliamentary Debates. 22

I. Singapore Legislation E. Legislative History E. g. Companies Act (Cap. 50, 2006 Rev.

I. Singapore Legislation E. 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 readings of Parliamentary Debates • Other amending Acts Dates of commencement of Amendment & amending Acts

I. Singapore Legislation E. Legislative History E. g. Companies Act (Cap. 50, 2006 Rev.

I. Singapore Legislation E. 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: https: //sso. agc. gov. sg/. The legislative history is located in the top panel on the first page of the Act. 24

I. Singapore Legislation F. History of the Acts Today, Acts are laws passed by

I. Singapore Legislation F. 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). 25

I. Singapore Legislation Period F. History of the Acts Title of Legislation 1823 Raffles

I. Singapore Legislation Period F. 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 26

I. Singapore Legislation History of the Acts For details, see Lib. Guide: Historical Sources

I. Singapore Legislation History of the Acts For details, see Lib. Guide: Historical Sources of Singapore Law 27

I. Singapore Legislation G. Where to Find It 1 a. Modern Acts Version Location

I. Singapore Legislation G. Where to Find It 1 a. Modern Acts Version Location Rev. Ed. (print) • 1985 - • *K 7399 (year) • 1970 • 1955 • *K 7399 1970 • *K 7399 1955 Consolidated version (online) • Singapore Statutes Online (Current Rev. Eds. located at Law Library Loans Desk) https: //sso. agc. gov. sg • Law. Net Access via Faculty of Law Resources *Refer to LINC for exact location in library Note: for older legislation, refer to Historical Sources of Singapore Law 28

I. Singapore Legislation G. Where to Find It 1 b. Acts Supplement Version Location

I. Singapore Legislation G. Where to Find It 1 b. Acts Supplement Version Location Print (1965 -) *K 7399 SA Online • Singapore Statutes Online https: //sso. agc. gov. sg • Law. Net Access via Faculty of Law Resources • e. Gazette Access via NUS Libraries Resources *Refer to LINC for exact location in library Note: for older legislation, refer to Historical Sources of Singapore Law 29

I. Singapore Legislation G. Where to Find It 2 a. Subsidiary Legislation Version Location

I. Singapore Legislation G. Where to Find It 2 a. Subsidiary Legislation Version Location Rev. Ed. (1990 -) (print) *K 7449 1990 Consolidated version (online) • Singapore Statutes Online (Updated set in Singapore-Malaysia Collection) https: //sso. agc. gov. sg/ • Law. Net Access via Faculty of Law Resources *Refer to LINC for exact location in library Note: for older legislation, refer to Historical Sources of Singapore Law 30

I. Singapore Legislation G. Where to Find It 2 b. Subsidiary Legislation Supplements Version

I. Singapore Legislation G. Where to Find It 2 b. Subsidiary Legislation Supplements Version Location Print (1965 -) *K 7449 SLS Online • Singapore Statutes Online https: //sso. agc. gov. sg • Law. Net Access via Faculty of Law Resources • e. Gazette Access via PC at C J Koh Law Library *Refer to LINC for exact location in library Note: for older legislation, refer to Historical Sources of Singapore Law 31

I. Singapore Legislation G. Where to Find It 3. Bills (incl Explanatory Statements &

I. Singapore Legislation G. Where to Find It 3. Bills (incl Explanatory Statements & Table of Derivations) Version Location Government Gazette. Bills Supplement (1963 -) *K 7499 SB Supplement to the Government Gazette (1947 1962) (print) *K 7449 S Government Gazette. Bills Supplement (2006 -) (online) Parliament of Singapore https: //www. parliament. gov. sg/ parliamentary-business/billsintroduced *Refer to LINC for exact location in library Note: for older legislation, refer to Historical Sources of Singapore Law 32

I. Singapore Legislation G. Where to Find It 4. Parliamentary Debates/Hansard Version Location Parliamentary

I. Singapore Legislation G. Where to Find It 4. Parliamentary Debates/Hansard Version Location Parliamentary Debates: Official Report; incl. Legislative Assembly Debates (1956 -) (print) *J 618 SLAD Official Reports: Parliament of Singapore Parliamentary Debates (1955 https: //sprs. parl. gov. sg/search/ -) (online) *Refer to LINC for exact location in library Note: for older debates, refer to Historical Sources of Singapore Law 33

I. Singapore Legislation G. Where to Find It 5. Select Committee Reports Version Location

I. Singapore Legislation G. Where to Find It 5. Select Committee Reports Version Location Report of the Select Committee on the … (1950 -) (print) *K 7524 … Select Committee Reports (1955 -) (online) Parliament of Singapore https: //www. parliament. gov. sg/parlia mentary-business/select-committeereports *Refer to LINC for exact location in library Note: for older reports, refer to Historical Sources of Singapore Law 34

I. Singapore Legislation H. Research Tools Task Search Aid 1. Finding legislation a. Current

I. Singapore Legislation H. Research Tools Task Search Aid 1. Finding legislation a. Current Print: • Alphabetical List of Public Acts Ref: K 7399 1985 (at Law Library Loans Desk) Online: • Singapore Statutes Online https: //sso. agc. gov. sg/ • Law. Net Access via Faculty of Law Resources • e. Gazette Access via NUS Libraries E-Resources 35

I. Singapore Legislation H. Research Tools Task Search Aid 1. Finding legislation b. Earlier

I. Singapore Legislation H. 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: K 7574 1971 • Tables of the Written Laws of the Republic of Singapore (1982) *Ref: K 7574 1982 • Sesquicentennial Chronological Tables of the Written Laws of the Republic of Singapore: 1834 -1984 *Ref: K 7574 1984 Online: Libguide - Historical Sources of Singapore Law *Refer to LINC for exact location in library 36

I. Singapore Legislation H. Research Tools Task Search Aid 2. Finding whether legislation has

I. Singapore Legislation H. Research Tools Task Search Aid 2. Finding whether legislation has been cited in a case Print: • Mallal's Digest Legislation Citator: 1932 to 2014 *Ref: K 7599. 3 Mdl 2014 Note: The latest Legislation Citator (1932 to 2015) only contains references to Malaysian legislation • Singapore Law Reports (Reissue): Table Of Legislation Referred To: 1965 to 2009 *Ref: K 7599 SLR Online: Law. Net Access via Faculty of Law Resources *Refer to LINC for exact location in library 37

I. Singapore Legislation H. Research Tools Task Search Aid 3. Statutory interpretation • Parliamentary

I. Singapore Legislation H. Research Tools Task Search Aid 3. Statutory interpretation • Parliamentary debates (slide 33) or select committee reports (slide 34) • Explanatory statements in bills (slide 32) • White papers, green papers, etc. (Law Reform tab) • Butterworths Annotated Statutes of Singapore Ceased publication but useful for older editions of Acts Ref: K 7399 Sbas • Halsbury’s Laws of Singapore Ref: KE 5011 Hal • Treatises e. g. textbooks, thesis Search LINC for availability of books • Journal articles Search Law. Net: Law students access via Faculty of Law Resources 38

I. Singapore Legislation References For details on statutory laws in general: Gary Chan Kok

I. Singapore Legislation References For details on statutory laws in general: Gary Chan Kok Yew, Jack Tsen-Ta Lee, The Legal System of Singapore : Institutions, Principles and Practices (Singapore : Lexis. Nexis, 2015). Ref: KE 5020 Cha 2015 Robert C. Beckman, Brady S. Coleman & Joel Lee, Case Analysis and Statutory Interpretation, 2 nd ed. (Singapore: Faculty of Law, National University of Singapore, 2001). Ref: KE 5280 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: K 7574 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: K 7574 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: KE 5020 Rut 39

II. UK Legislation A. Introduction The United Kingdom of Great Britain and Northern Ireland

II. UK Legislation A. Introduction The United Kingdom of Great Britain and Northern Ireland consists of 4 countries forming 3 distinct jurisdictions, being England Wales; Scotland Northern Ireland. Since 1999, Scotland 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 40

II. UK Legislation A. Introduction © Lee Su-Lin 2013 The scope of this tutorial

II. UK Legislation A. Introduction © Lee Su-Lin 2013 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. 7 A, 1994 Rev. Ed. Sing. ) specifies which English enactments continue to apply in Singapore, subject to necessary modifications. 41

II. UK Legislation A. Introduction The 2 main categories of UK legislation are 1.

II. UK Legislation A. Introduction The 2 main categories of UK legislation are 1. Acts of Parliament (primary legislation) a. Public General Acts b. Local and Personal Acts This tutorial will focus on Public General Acts. 2. 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. 42

II. UK Legislation B. Where to Find It There are several sources of full

II. UK Legislation B. Where to Find It There are several sources of full text Acts of Parliament. It is important to distinguish between sources which • give the text of the statute as it was originally published (e. g. Queen Printer’s copy) and • those which give the law as it currently stands i. e. incorporate repeals or amendments made since the Act was passed (e. g. Halsbury’s Statutes) 43

II. UK Legislation B. Where to Find It 1 a. Acts of Parliament (as

II. UK Legislation B. Where to Find It 1 a. Acts of Parliament (as originally enacted) Version Notes Source/Location Public General Acts. Queen’s Printer copy Individual Acts. legislation. gov. uk: http: //www. legislation. 1988(selected statutes fr. 1267 gov. uk/ -1987) Public General Acts … Annual bound volumes. • 1952 -2012 • 1866 -1951 • *K 2011 PG • *K 2011 P Search for an Act by the year of the Act *Refer to LINC for exact location in library 44

II. UK Legislation B. Where to Find It Example of an Original Public General

II. UK Legislation B. Where to Find It Example of an Original Public General Act legislation. gov. uk: http: //www. legislation. gov. uk/ Search for Act 45

II. UK Legislation B. Where to Find It Example of an Original Public General

II. UK Legislation B. Where to Find It Example of an Original Public General Act 46

II. UK Legislation B. Where to Find It Example of an Original Public General

II. UK Legislation B. Where to Find It Example of an Original Public General Act 47

II. UK Legislation B. Where to Find It Example of an Original Public General

II. UK Legislation B. Where to Find It Example of an Original Public General Act Compare this with Section 3 of the Copyright, Designs and Patents Act in the revised Act on slide 51 48

II. UK Legislation B. Where to Find It 1 a. Acts of Parliament (as

II. UK Legislation B. Where to Find It 1 a. Acts of Parliament (as originally enacted) Version Notes Source/Location The Law Reports. Statutes Reprint of the Public General Acts. 1987 -2003 *K 2011 P CL Closed Stacks Current Law Statutes Annotated Contains annotations. 1966/67, 1973, 1979 - *KB 3 CLSA *Refer to LINC for exact location in library 49

II. UK Legislation B. Where to Find It 1 b. Acts of Parliament (revised;

II. UK Legislation B. Where to Find It 1 b. Acts of Parliament (revised; amendments incorporated) Version Revised legislation Notes The official revised edition of the primary legislation of the United Kingdom Source/Location legislation. gov. uk: http: //www. legislation. gov. uk/ Halsbury’s Statutes of Includes annotations England Wales (4 th ed. ) *K 2016 Hal Lexis. Nexis UK Legislation Lexis Singapore: Includes the full, amended text of Acts currently in force, as well as legislation recently enacted but not yet in force Access via NUS Libraries Portal *Refer to LINC for exact location in library 50

II. UK Legislation B. Where to Find It Example of Revised Statute with Annotations

II. UK Legislation B. Where to Find It Example of Revised Statute with Annotations legislation. gov. uk: http: //www. legislation. gov. uk/ 51

II. UK Legislation B. Where to Find It Example of Revised Statute with Annotations

II. UK Legislation B. Where to Find It Example of Revised Statute with Annotations 52

II. UK Legislation Version B. Where to Find It 2. Early English Statutes Notes

II. UK Legislation Version B. Where to Find It 2. Early English Statutes Notes Source/Location Statutes at Large (generic title) 1225 -1865. Includes Magna Carta *K 2011 LP Statutes of the Realm 1235 -1713. Includes charters from 1101 -1301 *K 2016 Sta 1642 -1660 *K 2015 Fir CL Closed Stacks Acts and Ordinances of the Interregnum Online: Hein. Online *Refer to LINC for exact location in library 53

II. UK Legislation B. Where to Find It 3. Statutory Instruments Version Statutory Instruments

II. UK Legislation B. Where to Find It 3. Statutory Instruments Version Statutory Instruments Notes Source/Location • Print. Original. 19562004 • *K 2012 SI • Online. Original and revised legislation • legislation. gov. uk: http: //www. legislation. gov. uk/ Statutory Rules & Orders and Statutory Instruments Revised to December 31, 1948 *K 2012 1948 Lexis. Nexis UK Legislation Lexis Singapore: Amended text of all SIs currently in force *Refer to LINC for exact location in library Access via NUS Libraries Portal 54

II. UK Legislation B. Where to Find It UK Statutes and Statutory Instruments Note:

II. UK Legislation B. Where to Find It UK Statutes and Statutory Instruments Note: These are now shelved mainly in the Law Library Closed Stacks 55

II. UK Legislation B. Where to Find It 4. Bills (including Explanatory Notes) Version

II. UK Legislation B. Where to Find It 4. Bills (including Explanatory Notes) Version Source/Location Public Bills Before Parliament United Kingdom Parliament 2002(online) http: //www. parliament. uk/business/billsand-legislation/ Bills House of Commons Parliamentary Papers 1801 -2004 (online) Access via NUS Libraries Portal *Refer to LINC for exact location in library Note: Explanatory notes explain the purpose of a bill. 56

II. UK Legislation B. Where to Find It 5. Parliamentary Debates/Hansard Category House of

II. UK Legislation B. Where to Find It 5. Parliamentary Debates/Hansard Category House of Commons • Print: 1909 -1984 Source/Location • *J 301 H 2 C CL Closed Stacks • Online: 1988 - • United Kingdom Parliament: http: //www. parliament. uk/business/publication s/hansard/commons/ 1803 -2005 http: //hansard. millbanksystems. com/commons *Refer to LINC for exact location in library 57

II. UK Legislation B. Where to Find It 5. Parliamentary Debates/Hansard (contd. ) Category

II. UK Legislation B. Where to Find It 5. Parliamentary Debates/Hansard (contd. ) Category House of Lords • Print: 1909 -1985 Source/Location • *J 301 H 2 L 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 58

II. UK Legislation C. Research Tools In this section, only reference tools for researching

II. UK Legislation C. Research Tools In this section, only reference tools for researching modern UK Acts will be dealt with. Research tools in LW Reference 1 59

II. UK Legislation C. Research Tools UK Acts Task 1. Finding Acts Search Aid

II. UK Legislation C. Research Tools UK Acts Task 1. Finding Acts Search Aid Print: • Halsbury’s Statutes: Consolidated Index … Including Alphabetical and Chronological Lists of Statutes Printed in the volumes *Ref: K 2016 Hal • Chronological Table of the Statutes (1235 -1968; 1969 -1992; 1993 -2016) *Ref: K 2017 Gre • Index to the Statutes (1235 -1990) *Ref: K 2017 Gre *Refer to LINC for exact location in library 60

II. UK Legislation C. Research Tools UK Acts Task 1. Finding Acts (contd. )

II. UK Legislation C. Research Tools UK Acts Task 1. Finding Acts (contd. ) Search Aid Online: • Legislation. co. uk (original and revised versions of legislation) http: //www. legislation. gov. uk/ • Lexis Singapore (Lexis. Nexis UK Legislation) Access via NUS Libraries Portal 61

II. UK Legislation C. Research Tools UK Acts Task Search Aid 2. Has an

II. UK Legislation C. Research Tools UK Acts Task Search Aid 2. Has an Act been amended? Halsbury’s Statutes: Citator … 3. Is an Act in Force? Halsbury’s Statutes: Is It In Force? … • Commencement dates *Ref: K 2016 Hal • Repeal of sections or Acts 4. Has a specific Act been cited in any cases? • Current Law: Legislation Citator *Ref: KB 3 CLL • Halsbury’s Statutes: Citator … *Ref: K 2016 Hal • Just. Cite Online: access via NUS Libraries Portal *Refer to LINC for exact location in library 62

II. UK Legislation Task 5. Interpretation of Acts C. Research Tools UK Acts Search

II. UK Legislation Task 5. Interpretation of Acts C. Research Tools UK Acts Search Aid • Parliamentary debates (slide 57 or 58) • Explanatory notes in bills (slide 56) • Law Commission reports and papers Online: Law Commission – Documents • Current Law Statutes Annotated *Ref: KB 3 CLSA • Halsbury’s Statutes of England Wales *Ref: K 2016 Hal 63

II. UK Legislation Task 5. Interpretation of Acts (contd. ) C. Research Tools UK

II. UK Legislation Task 5. Interpretation of Acts (contd. ) C. Research Tools UK Acts Search Aid • Halsbury’s Laws of England *Ref: KB 11 Hal • Treatises e. g. textbooks Search LINC for availability of books • Journal articles Search journal databases on NUS Libraries Portal 64

II. UK Legislation D. References • Cabinet Office, “Guide to Making Legislation”, online: GOV.

II. UK Legislation D. References • Cabinet Office, “Guide to Making Legislation”, online: GOV. UK <https: //www. gov. uk/government/publications/guide-to-makinglegislation> • Bodleian Libraries, “Legislation: UK & England” , online: Oxford Lib. Guides <http: //libguides. bodleian. ox. ac. uk/c. php? g=423230&p= 2890229> • Sarah Carter, “A Guide to the UK Legal System”, online: Globa. Lex <http: //www. nyulawglobal. org/globalex/United_Kingdom 1. htm> 65

III. Australian Legislation A. Introduction The Commonwealth of Australia is a federation of states.

III. Australian Legislation A. 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 66

III. Australian Legislation A. Introduction Australian legislation is of relevance to Singapore as some

III. Australian Legislation A. 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. This 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. 67

III. Australian Legislation A. Introduction This scope of this tutorial will be limited to

III. Australian Legislation A. 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. Legislative Instruments (previously known as Statutory Rules or Select Statutory Instruments) made under the Acts of the Parliament of the Commonwealth of Australia (secondary legislation). 68

III. Australian Legislation B. Where to Find It Version 1. Acts of the Parliament

III. Australian Legislation B. Where to Find It Version 1. Acts of the Parliament Notes Location Acts of the Parliament • Print. 1901 -2010 of the Commonwealth • Online. 1901 of Australia passed during the year. . . Text of the law “as made” • *K 9002 AA Act Compilations Federal Register of Legislation Online. 1973 - • Federal Register of Legislation https: //www. legislation. gov. au/ Text of the law as https: //www. legislation. gov. au/ amended and “in force” on the compilation date *Refer to LINC for exact location 69

III. Australian Legislation B. Where to Find It Acts of Parliament Ref: K 9002

III. Australian Legislation B. Where to Find It Acts of Parliament Ref: K 9002 AA 70

III. Australian Legislation B. Where to Find It Federal Register of Legislation: https: //www.

III. Australian Legislation B. Where to Find It Federal Register of Legislation: https: //www. legislation. gov. au/ Example. Copyright Act 1968 71

III. Australian Legislation B. Where to Find It Example. Copyright Act 1968 Compilation (in

III. Australian Legislation B. Where to Find It Example. Copyright Act 1968 Compilation (in force/as amended) As made 72

III. Australian Legislation B. Where to Find It 2 a. Legislative Instruments (incl. Explanatory

III. Australian Legislation B. Where to Find It 2 a. Legislative Instruments (incl. Explanatory Statements) Version Legislative Instruments Legislative Instrument Compilations Notes Location • Print. 2005 -2010 • *K 9003 1956 S • Online. 2005 - • Federal Register of Legislation Text “as made” https: //www. legislation. gov. au/ • Online. 2005 - • Federal Register of Legislation Text “as amended” https: //www. legislation. gov. au/ *Refer to LINC for exact location Note: All legislative instruments made since 1 January 2005 contain explanatory statements (ES). An ES sets out how a legislative instrument is expected to operate and details about individual provisions. The Senate Regulations and Ordinances Committee (Department of Senate) relies on ESs to understand legislative instruments and to assess their purpose. 73

III. Australian Legislation B. Where to Find It Federal Register of Legislation: https: //www.

III. Australian Legislation B. Where to Find It Federal Register of Legislation: https: //www. legislation. gov. au/ E. g. Obtain the explanatory statement for Copyright Regulations 2017 74

III. Australian Legislation B. Where to Find It Enter search terms Select relevant options

III. Australian Legislation B. Where to Find It Enter search terms Select relevant options 75

III. Australian Legislation B. Where to Find It 76

III. Australian Legislation B. Where to Find It 76

III. Australian Legislation B. Where to Find It 77

III. Australian Legislation B. Where to Find It 77

III. Australian Legislation B. Where to Find It 78

III. Australian Legislation B. Where to Find It 78

III. Australian Legislation B. Where to Find It 2 b. Statutory Rules (1904 -2004)/

III. Australian Legislation B. Where to Find It 2 b. Statutory Rules (1904 -2004)/ Select Legislative Instruments (2005 -2015) Version Notes Location Statutory Rules made under … during the year … • Print. 1959 -2004 • *K 9003 1956 S Regulations and other instrument compilations • Online. 1979 - • Federal Register of Legislation Text “as amended” https: //www. legislation. gov. au/ • Online. 1904 -2015 • Federal Register of Legislation Text “as made” https: //www. legislation. gov. au/ *Refer to LINC for exact location 79

III. Australian Legislation B. Where to Find It 3. Bills (incl. Explanatory Memoranda) Version

III. Australian Legislation B. Where to Find It 3. Bills (incl. Explanatory Memoranda) Version Location Print - Online • Federal Register of Legislation (1901 -) https: //www. legislation. gov. au/ • Parliament of Australia (Current bills) http: //www. aph. gov. au/Parliamentary_Business /Bills_Legislation 80

III. Australian Legislation B. Where to Find It 4. Parliamentary Debates/Hansard Version Location Print

III. Australian Legislation B. Where to Find It 4. Parliamentary Debates/Hansard Version Location Print - Online Parliament of Australia (1901 -) http: //www. aph. gov. au/Parliamentary_Business/Hansard The Parliament of Australia consists of three elements: the Crown (represented by the Governor-General), the Senate and the House of Representatives. The members of the Senate represent the states and territories while the members of the House represent electoral divisions according to population. The Hansard is the report of proceedings of the Senate, House of Representatives, the Federation Chamber and all parliamentary committees. 81

III. Australian Legislation B. Where to Find It Example. Senate Hansard 1901 - Current

III. Australian Legislation B. Where to Find It Example. Senate Hansard 1901 - Current year 2010 - 2000 s 82

III. Australian Legislation C. Research Tools Australian legal research tools in LW Reference 1

III. Australian Legislation C. Research Tools Australian legal research tools in LW Reference 1 83

III. Australian Legislation C. Research Tools Commonwealth Acts Task a. Finding Acts Search Aid

III. Australian Legislation C. Research Tools Commonwealth Acts Task a. Finding Acts Search Aid Print: Federal Statutes Annotations: Consolidation “Table of Principal Acts” in Volume 1 *Ref: K 9006. 5 Fsa Online: • Federal Register of Legislation https: //www. legislation. gov. au/ • Aust. Lii (includes state legislation) http: //www. austlii. edu. au/ *Refer to LINC for exact location 84

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid b.

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid b. Finding if an Print: Act has been Federal Statutes Annotations: Consolidation amended *Ref: K 9006. 5 Fsa Online: Federal Register of Legislation https: //www. legislation. gov. au/ *Refer to LINC for exact location 85

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid c.

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid c. Finding if an Act Print: has been repealed • Commonwealth Statutes Annotations *Ref: K 9002 1973 SA • Federal Statutes Annotations : Repealed Legislation to 2017 *Ref: K 9006. 5 Fsa Online: Federal Register of Legislation https: //www. legislation. gov. au/ *Refer to LINC for exact location 86

III. Australian Legislation C. Research Tools Task d. Finding whether an Act has been

III. Australian Legislation C. Research Tools Task d. Finding whether an Act has been cited in a case Commonwealth Acts (contd. ) Search Aid Print: • Australian Legal Monthly Digest (current year) “Cumulative Tables: Legislation Judicially Considered” *Ref: K 9006 LMD • Commonwealth Statutes Annotations *Ref: K 9002 1973 SA • Federal Statutes Annotations *Ref: K 9006. 5 Fsa Online: Lexis. Nexis AU *Refer to LINC for exact location 87

III. Australian Legislation C. Research Tools Task Commonwealth Acts (contd. ) Search Aid e.

III. Australian Legislation C. Research Tools Task Commonwealth Acts (contd. ) Search Aid e. Interpretation of Acts and LIs • Parliamentary debates (slide 81) • Explanatory memoranda in bills (slide 80) • Explanatory statements in legislative instruments (slide 73) • Australian Law Reform Commission reports and papers Online: ALRC - Publications • Commonwealth Statutes Annotations *Ref: K 9002 1973 SA • Federal Statutes Annotations *Ref: K 9006. 5 Fsa *Refer to LINC for exact location 88

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid e.

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid e. Interpretation of Acts and LIs (contd. ) • Halsbury’s Laws of Australia *Ref: KB 11 Hla (not updated) Online: Lexis. Nexis AU • The Laws of Australia *Ref: KB 11 Laa • Treatises e. g. textbooks Search LINC for relevant books • Journal articles Search journal databases on NUS Libraries Portal *Refer to LINC for exact location 89

III. Australian Legislation D. References • Bruce Bott & Ruth Talbot-Stokes, Nemes and Coss'

III. Australian Legislation D. References • Bruce Bott & Ruth Talbot-Stokes, Nemes and Coss' Effective Legal Research, 6 th ed. (Chatswood, N. S. W. : Lexis. Nexis Butterworths, 2015). Ref: KB 280 Bot 2015 • Catriona Cook, et al. , Laying Down the Law , 10 th ed. (Chatswood, N. S. W. : Lexis. Nexis Butterworths, 2018). Ref: KB 280 Lay 2018 • Nicholas Pengelley & Sue Milne, “Researching Australian Law”, online: LLRX <https: //www. llrx. com/2014/01/researching-australian-law-2/> • Robert Watt & Francis Johns, Concise Legal Research, 6 th ed. (Sydney: Federation Press, 2009). Ref: KB 280 Wat 2009 90

You have reached the end of this tutorial. If you have any queries, email

You have reached the end of this tutorial. If you have any queries, email cjkohlib@nus. edu. sg or speak to a librarian at the C J Koh Law Library Information Desk: 6516 2043. For feedback, send an email to: llbleesl@nus. edu. sg Updated by Clement Lin for lecture on 3 October 2018 91 © NUS Libraries 2005 -2019