AGLC4 Rule 3.8: Legislative History: Enactments, Amendments, Repeals and Insertions

Where it matters, the history of an Act or provision is shown by citing both the original and the amending legislation, linked by a fixed expression. The expression depends on whether the later law amended, repealed or inserted the provision, and the expressions cannot be swapped. The same expressions are used for Bills.

AGLC4 page 78

Formatting

  • The linking expression follows the first citation after a comma.
  • The expressions are lower case and roman.
  • A version in force at a time is marked as enacted, or as at followed by a full date.
  • Amendments use as amended by, later amended by or amending; repeals use as repealed by or repealing; insertions use as inserted by or inserting.
  • The passive forms follow a citation of the provision that was changed; the active forms follow a citation of the law that made the change.
  • The full date after as at is written as day, month in full, year.
  • Each piece of legislation carries its own pinpoint, the amending law usually being pinpointed to a schedule item or section.
  • as enacted needs no second citation and simply follows the Act after a comma.
  • For Bills the same expressions apply, and the Bill title and year stay roman.

Examples

Quoted from the Guide, page 78
  1. 61
    Anti-Discrimination Act 1977 (NSW) s 4(1), as at 28 June 1994. [Also: Anti-Discrimination (Amendment) Act 1994 (NSW) sch 1 item 1, amending Anti-Discrimination Act 1977 (NSW) s 4(1).]
  2. 62
    Copyright Act 1968 (Cth) s 40(3), later amended by Copyright Amendment Act 2006 (Cth) sch 6 item 11.
  3. 63
    Crimes Act 1914 (Cth) s 24A(g), as repealed by Anti-Terrorism Act (No 2) 2005 (Cth) sch 7 item 2.
  4. 64
    Anti-Terrorism Act (No 2) 2005 (Cth) sch 7 item 2, repealing Crimes Act 1914 (Cth) s 24A(g).
  5. 65
    Crimes Act 1958 (Vic) s 3B, as inserted by Crimes (Homicide) Act 2005 (Vic) s 3. [Also: Crimes (Homicide) Act 2005 (Vic) s 3, inserting Crimes Act 1958 (Vic) s 3B.]
  6. 66
    Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Bill 2009 (Cth) sch 2 item 1, repealing Social Security (Administration) Act 1999 (Cth) s 144(ka).
  7. 67
    Restrictive Trade Practices Act 1971 (Cth), as enacted.
  8. 68
    Social Security (Administration) Act 1999 (Cth) s 144(ka), repealed by Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Bill 2009 (Cth) sch 2 item 1.

Forms in the rule

Quoted from the Guide, page 78
  • ‘as enacted’/‘as at Full Date’
  • ‘as amended by’/‘later amended by’/‘amending’
  • ‘as repealed by’/‘repealing’
  • ‘as inserted by’/‘inserting’
  • [Also: Anti-Discrimination (Amendment) Act 1994 (NSW) sch 1 item 1, amending Anti-Discrimination Act 1977 (NSW) s 4(1).]
  • [Also: Crimes (Homicide) Act 2005 (Vic) s 3, inserting Crimes Act 1958 (Vic) s 3B.]

See also

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Formats, examples, passages, tables and the forms marked Not are quoted from the Australian Guide to Legal Citation (4th ed, Melbourne University Law Review Association, 2018), with the page of the Guide they appear on. Titles, summaries and explanations are our own.