Reading Australian legislation is a navigation task before it is a reading task. You usually need three things: the correct jurisdiction, the correct type of instrument, and the current compiled text rather than the version first passed. This guide sets out how to find the section you need using official registers and the research guides published by Australian governments and universities. It starts with the Federal Register of Legislation for Commonwealth law, uses the National Library of Australia's research guide for federal, state, territory and local coverage, and draws on university law libguides for search technique and citation. Where a policy announcement is relevant, such as IP Australia's reforms to streamline the IP system, the guide explains why the announcement is not the law itself.
Know the document: primary legislation, delegated legislation and compilations
The National Library of Australia's Australian legislation research guide explains how to find and access Australian legislation, organised by level of government (federal, state/territory, and local) and by type of law, including primary legislation (Acts or statutes) and delegated legislation (subordinate legislation). Put simply, an Act is primary legislation passed by a parliament; regulations and many other instruments are delegated or subordinate legislation made under an Act. You need to know which one contains the rule you are looking for.
For Commonwealth law, the Federal Register of Legislation is the authorised whole-of-government website for Commonwealth legislation and related documents. The Register is managed by the Office of Parliamentary Counsel in accordance with the Legislation Act 2003. That authorisation makes it the correct place to read Commonwealth Acts and regulations, rather than a summary, a news article or a commercial copy.
When you open an Act on the Register, choose the compilation. In practice, the compilation is the version to read for the law as it currently stands, because it brings amendments into the text. The Register also displays new and amended titles recently published within the last 7 days, which is a quick way to see whether a Commonwealth title has changed. Do not rely on the "as passed" version or an old PDF if the law has since been amended.
Find the right register for the jurisdiction
Legislation is jurisdiction-specific. A Commonwealth Act does not govern a state matter, and a regulation only operates if it is made under an Act and is in force. The table below sets out the starting points described in the verified sources.
| What you need | Where to start | Key detail from the sources |
|---|---|---|
| Commonwealth Act or regulation | Federal Register of Legislation (legislation.gov.au) | Authorised whole-of-government website for Commonwealth legislation; managed by the Office of Parliamentary Counsel under the Legislation Act 2003. Use the browse function or title search box when you know the name of an Act or regulation. |
| State or territory Act or regulation | Official jurisdiction register, located through the National Library of Australia guide or the ANU law libguide | The NLA guide explains access by level of government and type of law. The ANU libguide lists jurisdiction registers such as the ACT Legislation Register, South Australian Legislation and Western Australia Legislation. |
| Bills and parliamentary material | Parliament of Australia records and bill pages | The ANU libguide notes a full text record of the Parliament of Australia from 1901, and pages that display all Bills before the Commonwealth, NSW, Victorian, Queensland and Western Australian Parliaments. |
| Cases and commentary on a section | Legislation Citator | The University of Newcastle libguide states: search for the Act, scroll to the section, then click on the View Legislation Citator link. |
The Australian National University law libguide also describes key Australian resources as providing full text of legislation, bills and key related material from all nine Australian federal and state jurisdictions that is updated daily, and regulations for all nine Australian jurisdictions. That means a full national picture is available, but the authoritative text still comes from the official register for the jurisdiction, not from a secondary description.
The National Library of Australia guide also covers general works. It advises searching by subject for general works about Australian legislation, and suggests ways to widen a search if results are too narrow. If you are researching the background to a law rather than the text of the law itself, those approaches in the NLA guide are the next step.
Step-by-step: from Act name to the section
- Identify the jurisdiction and instrument. If the issue is national, such as trade marks, start with Commonwealth legislation. If it is state- or territory-based, identify the correct state or territory before you search.
- Open the official register. On legislation.gov.au, use the browse function or title search box when you know the name of an Act or regulation, as the University of Newcastle libguide advises. For state or territory law, use the official register found through the NLA guide or the ANU libguide's jurisdiction links.
- Select the compilation. Read the current compiled version, not the original passed text. Check the Register's new and amended titles recently published within the last 7 days, and any commencement or amendment information, to confirm the provision is in force.
- Locate the section. Use the Act's structure: Parts, Divisions, then sections. Scroll to the section number you need and read the text in its context, including any definitions and application provisions that qualify it.
- Check interpretation and any recent policy change. To find cases and commentary on the section, search for the Act, scroll to the section, then click the View Legislation Citator link. If a policy announcement is involved, cross-check it against the register. For example, IP Australia's news on new reforms to streamline the IP system refers to consultation earlier this year on a range of proposals to simplify and streamline Australia's IP system. IP Australia states the reforms will ensure Australia's trade mark legislation remains current and consistent with international rules, providing greater certainty for Australian trade mark applicants. That is the stated policy outcome in the announcement. The operative law remains the Trade Marks Act and any regulations on the Commonwealth register; a policy announcement is not the law.
- Cite it correctly. If you need to reference the section in writing, follow AGLC4. The University of Newcastle libguide covers citing Australian legislation in AGLC4 style, and the section text should be copied from the authorised compilation.
Questions to verify before you rely on a section
- Is this the current compilation for today, or an older version?
- Does the section number still exist, or has the provision been renumbered, repealed or moved?
- Has the amendment commenced, and do transitional or application provisions change how it applies?
- Are you in the correct jurisdiction and reading the correct instrument (Act versus regulation)?
- If you are using commentary or citator results, does the commentary discuss the section as currently in force?
Concrete next steps
- Go to the Federal Register of Legislation. Use the browse function or title search box when you know the name of an Act or regulation, then open the compilation for the current text.
- For state or territory legislation, open the National Library of Australia's Australian legislation research guide. Use it to locate the official register for the relevant level of government, and cross-check the ANU law libguide list of jurisdiction registers, such as the ACT Legislation Register, South Australian Legislation or Western Australia Legislation.
- To see recent Commonwealth changes, check the Register's new and amended titles recently published within the last 7 days. For states and territories, use the equivalent recent legislation or update page on the official jurisdiction register.
- To find how a section has been treated, search for the Act on the legislation site, scroll to the section, and use the View Legislation Citator link described in the University of Newcastle libguide.
- To cite the provision, follow AGLC4 using the guidance in the University of Newcastle libguide, and take the section text from the authorised compilation. If the matter involves intellectual property, read IP Australia's news on the reforms to streamline the IP system for context, but confirm the operative law on the Commonwealth register.
General information only
This article is general information published by Australian Today, an independent information website. It is not legal advice and is not a substitute for reading the authorised legislation or for advice from a qualified Australian legal practitioner. Australian Today is not a government body, regulator, court, law firm, lender, broker or comparison panel, and it does not endorse any provider or product. Legislation, amendments, commencement dates and section numbering can change; the authoritative version is always the compilation published on the official register for the relevant jurisdiction. Policy announcements, including IP Australia's IP system reforms, describe stated government intentions and are not the law. If you need to know how a section applies to your circumstances, verify the current text on the official register and seek professional advice.