Legislation is a fundamental source of law in Australia. Whether you're interpreting an Act, tracking amendments, or exploring how a law applies in practice, it’s important to know where to look and how to navigate different versions. This introduction will help you understand the key types of legislation, where to find them, and tools that support deeper legal research.
Search tips:
- Jurisdiction: federal or state/territory – check the title of the Act
- Title and Year: e.g. Migration Act 1958
- Section numbers: Acts are divided into numbered sections
- Currency: laws are amended – ensure you use the current in force version
What is legislation?
Legislation refers to laws that have been formally made by Parliament. These laws are also called statutes or Acts. Legislation can apply at the federal level (made by the Australian Parliament) or the state/territory level (made by state or territory parliaments, such as the NSW Parliament).
There are two main types of legislation:
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Primary legislation: These are Acts or statutes passed by Parliament.
Example: Crimes Act 1900 (NSW). -
Secondary (or delegated) legislation: These are rules, regulations, or by-laws made by government agencies or ministers under the authority of an Act.
Example: Crimes Regulation 2015 (NSW).
How are laws made?
Laws go through a formal process before they become legislation. Here's a simplified overview of the legislative process:
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A bill is introduced - a proposal for a new law (called a bill) is introduced in Parliament.
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The bill is debated - members of Parliament discuss, debate, and may suggest changes.
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Votes are taken - the bill must pass several readings and votes in both houses of Parliament (in bicameral systems like the federal Parliament and NSW Parliament).
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Royal Assent - if passed by both houses, the bill is sent to the Governor (state) or Governor-General (federal) for formal approval.
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The bill becomes law - once approved, the bill becomes an Act of Parliament.
Where to find legislation
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Lexis+ This link opens in a new windowProvides a full text legislation service, including current, repealed and historical versions of Australian legislation.
To browse Australian Acts in Lexis+: Under 'All content' select AU Legislation and then select the relevant jurisdiction.
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Federal Register of LegislationOfficial government website for Commonwealth Acts (in force, as made and point in time), Bills, legislative instruments (subordinate legislation) and gazettes.
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Parliament of AustraliaHouse of Representatives and Senate documents, including Bills and Hansard, committee documents and press releases.
See the ‘Bill Digest’, prepared by the Parliamentary Library, for the background of the Bill and links to extrinsic materials, where available. -
Index to Commonwealth Explanatory MemorandaAn index of Commonwealth items identified as Explanatory Memoranda or Comparative Memoranda from 1901 to the end of 1982, and select Explanatory Memoranda for 1983 onwards. Arranged alphabetically by session of Parliament.
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Parliament of NSWSearch or browse for past and current NSW Bills. Also includes Explanatory Notes, second reading speeches, Hansard, parliamentary committee reports, and other parliamentary documents.
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New South Wales Explanatory Notes (AustLII)Search of browse for the full text of the NSW Explanatory Notes from 1978 to current, where available.
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vLex Justis This link opens in a new windowAs-made Acts of Parliament in England, Wales and Scotland from 1235, including repealed legislation and Statutory Instruments from 1949. This database also includes Irish legislation from 1998 and EU legal information from 1951.
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Congress.govA historical record of select US Bills from 1799 with the full-text of Bills from 1989 (101st Congress) and amendments from 1995 (104th Congress). Also contains the Congressional Record from 1925 (69th Congress).
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WorldLIIContent from 48 jurisdictions from around the world, including a single search option for multiple legal information institutes (AustLII, BAILII, CanLII, HKLII, LII (Cornell) and PacLII).
Westlaw has three databases containing international case law: Westlaw International includes cases from Canada, the European Union, Hong Kong, Korea, United Kingdom and other jurisdictions. Westlaw China has cases in Chinese language and the English translations. Westlaw US has cases at both the state and federal levels. To search in a particular jurisdiction, choose the relevant database from the links below.
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Westlaw International This link opens in a new windowFeatures case reports, legislation and law journals for Canada, the European Union, Hong Kong, Korea, United Kingdom and other jurisdictions.
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Westlaw US This link opens in a new windowFeatures case reports, legislation, law journals and many other resource types at both Federal and State levels.
Things to note:
- For other states and territories see their parliamentary or government legislation websites.
- Most countries produce legislation. Look at government websites for the specific country to find online legislation. E.g. New Zealand Legislation
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The list below is selective and there are many more sources of legislation online.
Annotated legislation
Some legal databases provide annotated legislation that includes commentary, cases and journal articles which consider and interpret the legislation or section. This is helpful when you're trying to understand how courts have applied a section of the law.
The following databases contain some annotated legislation on various topics in Australian jurisdictions:
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CCH iKnowConnect This link opens in a new windowAustralian legal research database. Commentary and subject-specialist case reports on wide range of legal topics including taxation, company and corporate law, employment and workers compensation, and insurance law.
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Lexis+ This link opens in a new windowAustralian legal research database. Covers most areas of law. Includes a legal dictionary, case citator (CaseBase), law reports, legislation and full-text Australian law journals and commentary.
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Westlaw Australia This link opens in a new windowAustralian legal research database. Covers most areas of law. Includes a legal encyclopaedia (The Laws of Australia), a case citator and digest (KeyCite), law reports, full-text Australian law journals and commentary.
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